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City of Muskegon
City Commission Meeting
Agenda
October 24, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF MUSKEGON AND ANY OF
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information is below. For more details, please visit: www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the
hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with
disabilities who want to attend the meeting with twenty-four (24) hours’ notice to the City of Muskegon.
Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing
or by calling the following: Ann Marie Meisch, MMC – City Clerk, 933 Terrace Street, Muskegon, MI 49440;
231-724-6705; [email protected]
Pages
1. Call To Order
2. Prayer
3. Pledge of Allegiance
4. Roll Call
5. Honors, Awards, and Presentations
5.a Resolution Recognizing October as Domestic Violence Awareness and 1
Prevention Month
6. Public Comment on Agenda Items
7. Consent Agenda
7.a Approval of Minutes - City Clerk 3
7.b Storage Area Network Device (SAN) - Information Technology 27
7.c Water Treatment Chemical Bids - DPW - Water Filtration 28
7.d Conversion Assistance Amendment - DPW 36
7.e Splash Pad Reconstruction Design - Parks & Recreation 60
7.f GameTime Playground Grant - Parks & Recreation 80
7.g Equipment Purchases - DPW 124
7.h Request to Rezone 162 E Apple, 170 E Apple, 974 Spring, 971 Jay, and 125
151/157/171/181 Allen - Planning
7.i Request to Rezone 550 W Grand Ave - Planning 132
7.j General Capital Spring Street Senior Housing Contract for Housing Exemption 139
(PILOT) Development Services
7.k General Capital Spring Street Senior Housing Municipal Services Agreement - 147
Development Services
7.l General Capital Nelson School Family/Workforce Contract for Housing 154
Exemption (PILOT) - Development Services
7.m General Capital Nelson School Family/Workforce Housing Municipal Services 162
Agreement - Development Services
7.n Pivotal Development Harbor View Family/Workforce Housing Contract for 169
Housing Exemption (PILOT) - Development Services
7.o Pivotal Development Harbor View Family/Workforce Housing Municipal 177
Services Agreement - Development Services
7.p Froebel School Sales Agreement to Samaritas - Development Services 183
8. Public Hearings
8.a PRO Housing Grant - Public Hearing 192
9. Unfinished Business
10. New Business
10.a Inclusive Rebrand - Manager's Office 194
10.b Purchase Option for Windward Pointe - Manager's Office 202
11. Any Other Business
12. Public Comment on Non-Agenda items
13. Closed Session
14. Adjournment
RESOLUTION
WHEREAS, domestic violence perpetrators intentionally use a pattern of physical, emotional,
sexual, psychological, and/or economic coercion and abuse to control their intimate partners,
violating their dignity, security, and both psychological and physical well-being; and,
WHEREAS, domestic violence perpetrators cause significant and long-lasting trauma to
countless individuals and families; and,
WHEREAS, when children are involved, domestic violence perpetrators' choices to be violent
and abusive are parenting choices that often have devastating and far-reaching adverse impacts
on the safety and well-being of children and their non-offending parents; and,
WHEREAS, the 2022 Michigan State Police's Incident Crime Report indicated there were 1,311
domestic violence offenses committed by current or former intimate partners reported to
Muskegon law enforcement throughout Muskegon County during the year; and,
WHEREAS, survivors of domestic violence are present in every community throughout
Muskegon County, regardless of sexual orientation, race, religion, ability, age, and gender
identity; and,
WHEREAS, members of the LGBTQ+ community reported levels of intimate partner violence
equal to or higher than those who identify as heterosexual; and,
WHEREAS, more than four in five American Indian and Alaska Native women and men have
experienced violence in their lifetime, and more than one in three experienced violence in the
past year; and,
WHEREAS, the Black community experiences domestic violence at disproportionately higher
rates, with 45.1% of Black women and 40.1% of Black men experiencing intimate partner
physical violence, sexual violence, and/or stalking in their lifetimes; and,
WHEREAS, Michigan is committed to holding domestic violence perpetrators accountable,
employing interventions to reduce the risk and harm to all victims, as well as providing victims
with the resources and support they deserve to enhance their safety and well-being; and,
WHEREAS, Domestic Violence Awareness Month provides an important opportunity to learn
more about domestic violence and to demonstrate support for the numerous organizations and
individuals who engage in advocacy, provide services, and offer assistance to victims; and,
WHEREAS, Domestic Violence Awareness Month is an opportunity to recognize the strength
and courage of those currently surviving abuse as well as to honor those who were murdered or
harmed at the hands of their current or former partners;
THEREFORE, BE IT RESOLVED, That the City of Muskegon Commissioners, proclaim the
month of October as Domestic Violence Awareness Month in the City of Muskegon and urge
our citizens to observe this month by becoming aware of the tragedy of domestic violence,
supporting those who are working toward its end and participating in community efforts.
IN WITNESS WHEREOF, I hereunto set my
hand and cause the seal of the City to be affixed this
24th day of October, 2023.
_______________________________________
Kenneth D. Johnson, Mayor
References:
https://www.michigan.gov/whitmer/news/proclamations/2022/10/01/october-2022-domestic-
violence-awareness-month
https://www.michigan.gov/msp/divisions/cjic/micr/annual-reports/2022-crime-in-michigan-
annual-report
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/10/23 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the October 9, 2023 Worksession and October 10,
2023 Regular Meeting.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Amount Requested: Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion: To approve the minutes.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
City of Muskegon
Work Session
Minutes
October 9, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
Present: Mayor Ken Johnson
Commissioner Rachel Gorman
Commissioner Rebecca St.Clair
Commissioner Eric Hood
Vice Mayor Willie German, Jr.
Commissioner Teresa Emory
Absent: Commissioner Michael Ramsey
Staff Present: City Manager Jonathan Seyferth
City Clerk Ann Meisch
City Attorney John Schrier
Deputy City Clerk Kimberly Young
2023-104
1. Call to Order
Mayor Johnson called the Work Session Meeting to order at 5:30 p.m.
2. New Business
2.a Resolution Recognizing Indigenous Peoples Day
Mayor Johnson presented a resolution in recognition of Indigenous Peoples' Day,
the second Monday of October and encouraging residents, businesses,
organizations, and public entities to recognize and honor Indigenous Peoples'
Day.
No. 2023-105(a)
Motion by: Vice Mayor German
Second by: Commissioner St.Clair
To recognize October 9, 2023 as Indigenous Peoples Day in Muskegon, MI.
1
YES: (5): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Vice
Mayor German, and Commissioner Emory
Absent (2): Commissioner Hood, and Commissioner Ramsey
MOTION PASSES (5 to 0)
2.b Samaritas Payment in Lieu of Taxes (PILOT) Agreement - 417 E. Jackson Ave.
Jake Eckholm, Economic Development Director, presented information regarding
the Samaritas Payment in Lieu of Taxes (PILOT) and explained that the
commission will be asked to consider several similar projects in the near future.
City Staff has negotiated and reviewed a Payment in Lieu of Taxes agreement for
commission consideration for an adaptive reuse project at Froebel School into
affordable workforce housing apartments.
For several years staff have been attempting to find a partner that had interest
and capacity in the adaptive reuse of the long-vacant Froebel School building.
Since 2019, we have toured more than 10 entities through the school, and held a
community meeting offering several touring opportunities for the public.
Through these efforts we have developed interest from Samaritas for the
potential installation of affordable housing units by application to the Michigan
Statewide Housing Development Authority (MSHDA) Low Income Housing Tax
Credit (LIHTC) Program. If awarded, then Samaritas proposes historical
preservation and adaptive remodel of the school building into apartments for
low to moderate income residents. The attached agreement establishes their
payment in lieu of taxes as 2% of net shelter rents. Note that this is the lowest
proposed PILOT of our proposed MSHDA submissions. This is due to the facts
that we are the owners of this facility and will incur significant costs to
demolish or otherwise redevelop the site, and that Samaritas is a non-profit
housing developer with limited capacity to finance and construct facilities
compared with for-profit housing development firms.
If approved by commission, Samaritas is also proposing a Municipal Services
Agreement of 3% of net shelter rents, for a total annual payment of 5% of rents.
The Municipal Services Agreement (MSA) stays completely with the city to
defray costs of public service delivery to the site, while the PILOT payment is
divided proportionally to the other taxing jurisdictions, similar to a traditional
property tax payment.
2
This item is connected to the Samaritas MSA agenda item, as well as the sales
agreement item for Froebel School.
Discussion took place. This item is on the agenda for October 10, 2023 for City
Commission consideration.
2.c Samaritas Municipal Services Agreement - 417 E. Jackson Ave.
Jake Eckholm, Economic Development Director, provided an explanation of the
Samaritas Municipal Services Agreement and notified the Commissioners they
will be asked to consider several similar projects very soon.
City Staff has negotiated and reviewed a Payment in Lieu of Taxes agreement for
commission consideration for an adaptive reuse project at Froebel School into
affordable workforce housing apartments.
For several years staff have been attempting to find a partner that had interest
and capacity in the adaptive reuse of the long-vacant Froebel School building.
Since 2019, we have toured more than 10 entities through the school, and held a
community meeting offering several touring opportunities for the public.
Through these efforts we have developed interest from Samaritas for the
potential installation of affordable housing units by application to the Michigan
Statewide Housing Development Authority (MSHDA) Low Income Housing Tax
Credit (LIHTC) Program. If awarded, then Samaritas proposes historical
preservation and adaptive remodel of the school building into apartments for
low to moderate income residents. The attached agreement establishes their
Municipal Services Agreement at 3% of shelter rents.
If approved by commission, Samaritas is also proposing a PILOT payment of 2%
of net shelter rents, for a total annual payment of 5% of rents. The Municipal
Services Agreement (MSA) stays completely with the city to defray costs of
public service delivery to the site, while the PILOT payment is divided
proportionally to the other taxing jurisdictions, similar to a traditional property
tax payment.
This item is connected to the Samaritas PILOT agenda item, as well as the sales
agreement item for Froebel School.
Discussion took place and this item will be on the agenda October 10, 2023 for
consideration.
3
2.d Froebel School Sale to Samaritas
Jake Eckholm, Economic Development Director, provided some information to
the Commission regarding a proposed purchase agreement which will be
presented for Commission consideration on October 24, 2023.
Mr. Lautenbach, Executive Director of Affordable Housing for Samaritas, spoke
to Commission about the potential plans for the property at the former Froebel
School building at 417 E. Jackson Avenue.
3. Any Other Business
General comments and updates were provided, some discussion took place.
4. Public Comment
Public comment was received.
5. Adjournment
The Work Session meeting adjourned at 6:35 p.m..
Motion by: Vice Mayor German
Second by: Commissioner St.Clair
MOTION PASSES
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
4
City of Muskegon
City Commission Meeting
Minutes
October 10, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
Present: Mayor Ken Johnson
Commissioner Rachel Gorman
Commissioner Rebecca St.Clair
Commissioner Eric Hood
Vice Mayor Willie German, Jr.
Commissioner Michael Ramsey
Commissioner Teresa Emory
Staff Present: City Manager Jonathan Seyferth
City Clerk Ann Meisch
City Attorney John Schrier
Deputy City Clerk Kimberly Young
1. Call To Order
Mayor Johnson called the City Commission meeting to order at 5:30 p.m.
2. Prayer
Pastor Russell Damm from Oakcrest Church of God opened the meeting with
prayer.
3. Pledge of Allegiance
The Pledge of Allegiance to the Flag was recited by the Commission and the
public.
4. Roll Call
As recorded above
5. Honors, Awards, and Presentations
5.a Memorial for Hope Griffith
1
Mayor Johnson read and presented a Proclamation Honoring Hope Griffith
to Hope's family. Hope Griffith was an employee of the City for over 25
years and passed away unexpectedly on August 17, 2023. She had a
wealth of knowledge, was extremely helpful, generous, and kind and will
be sincerely missed by all.
5.b Recognition of Steve Hammond - Inspector of the Year
Public Safety Director Tim Kozal and Deputy Public Safety Director Jay
Paulson introduced award recipient Steve Hammond. He was nominated
for the award by Deputy Director Paulson. Steve was awarded the
Inspector of the Year Award from the Michigan Fire Inspectors Society in
"Recognition of Outstanding Effort and Dedication to Bring About Fire
Safety for Your Community and State".
6. Public Comment on Agenda Items
Public comments were received.
7. Consent Agenda
Action No. 2023-106
Motion by: Commissioner St.Clair
Second by: Commissioner Gorman
To accept the consent agenda as presented, minus items 7B, 7C, 7D, 7F, 7L,
7M, and 7N
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair,
Commissioner Hood, Vice Mayor German, Commissioner Ramsey, and
Commissioner Emory
MOTION PASSES (7 to 0)
7.a Approval of Minutes - City Clerk
To approve the minutes of the September 26, 2023 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
7.e Samaritas Municipal Services Agreement - Development Services -
417 E. Jackson
City Staff has negotiated and reviewed a Payment in Lieu of Taxes
agreement for commission consideration for an adaptive reuse project at
Froebel School into affordable workforce housing apartments.
2
For several years staff have been attempting to find a partner that had
interest and capacity in the adaptive reuse of the long-vacant Froebel
School building. Since 2019, we have toured more than 10 entities
through the school, and held a community meeting offering several touring
opportunities for the public. Through these efforts we have developed
interest from Samaritas for the potential installation of affordable housing
units by application to the Michigan Statewide Housing Development
Authority (MSHDA) Low Income Housing Tax Credit (LIHTC) Program. If
awarded, then Samaritas proposes historical preservation and adaptive
remodel of the school building into apartments for low to moderate income
residents. The attached agreement establishes their Municipal Services
Agreement at 3% of shelter rents.
If approved by commission, Samaritas is also proposing a PILOT payment
of 2% of net shelter rents, for a total annual payment of 5% of rents. The
Municipal Services Agreement (MSA) stays completely with the city to
defray costs of public service delivery to the site, while the PILOT payment
is divided proportionally to the other taxing jurisdictions, similar to a
traditional property tax payment.
This item is connected to the Samaritas PILOT agenda item, as well as
the sales agreement item for Froebel School.
STAFF RECOMMENDATION: To approve the Municipal Services
Agreement with Samaritas Affordable Living Froebel Limited Dividend
Housing Association Limited Partnership and authorize the mayor and
clerk to sign.
7.g Spire Development, Allen Crossing Municipal Services Agreement -
Development Services - 148 Allen Avenue
City Staff has negotiated and reviewed a Payment in Lieu of Taxes and
Municipal Services agreement for commission consideration for a new
construction 45 unit Senior workforce/family affordable housing complex at
and around 148 Allen Avenue.
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000
rental units priced under $1,430 a month, staff has made overtures and
established relationships with several new Low Income Housing Tax
Credit (LIHTC) developers. Spire Development originally responded to our
request for proposals at the former Catholic Charities site, and when they
were not selected by commission for that project we immediately
introduced them to the site owners of this subject property.
3
Per their request letter, Spire is seeking a Municipal Services Agreement
of 3% of net shelter rents. This should equal roughly $10,000-$12,000 per
year. Spire is also requesting a 6% PILOT, which is detailed in another
agenda item in the packet.
STAFF RECOMMENDATION: To approve the Municipal Services
Agreement with Allen Crossing Affordable Living Froebel Limited Dividend
Housing Association Limited Partnership and authorize the mayor and
clerk to sign.
7.h Spire Development, Amity Commons PILOT Agreement -
Development Services - 159 Amity Avenue
City Staff has negotiated and reviewed a Payment in Lieu of Taxes and
Municipal Services agreement for commission consideration for a new
construction 50-unit workforce/family affordable housing complex at and
around 159 Amity Avenue.
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000
rental units priced under $1,430 a month, staff has made overtures and
established relationships with several new Low Income Housing Tax
Credit (LIHTC) developers. Spire Development originally responded to our
request for proposals at the former Catholic Charities site, and when they
were not selected by commission for that project we immediately
introduced them to the site owners of this subject property.
Per their request letter, Spire is seeking a PILOT Agreement of 5% of net
shelter rents. This should equal roughly $16,500-20,000 per year for all
taxing jurisdictions to split. Spire is also requesting a 3% Municipal
Services Charge, which is detailed in another agenda item in the packet.
STAFF RECOMMENDATION: To approve the Contract for Housing
Exemption with Amity Commons Limited Dividend Housing Association
Limited Partnership and authorize the mayor and clerk to sign.
7.i Spire Development, Amity Commons Municipal Services Agreement -
Development Services - 159 Amity Avenue
City Staff has negotiated and reviewed a Payment in Lieu of Taxes and
Municipal Services agreement for commission consideration for a new
construction 50 unit workforce/family affordable housing complex at and
around 159 Amity.
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000
rental units priced under $1,430 a month, staff has made overtures and
4
established relationships with several new Low Income Housing Tax
Credit (LIHTC) developers. Spire Development originally responded to our
request for proposals at the former Catholic Charities site, and when they
were not selected by commission for that project we immediately
introduced them to the site owners of this subject property.
Per their request letter, Spire is seeking a Municipal Services Agreement
of 3% of net shelter rents. This should equal roughly $10,000-$12,000 per
year. Spire is also requesting a 5% PILOT, which is detailed in another
agenda item in the packet.
STAFF RECOMMENDATION: To approve the Municipal Services
Agreement with Amity Commons Affordable Living Froebel Limited
Dividend Housing Association Limited Partnership and authorize the
mayor and clerk to sign.
7.j Sale of 1530 Hoyt Street - City Manager's Office
Staff is requesting approval of a purchase agreement for 1530 Hoyt
Street. Create an environment that effectively attracts new
residents and retains existing residents by filling existing employment
gaps, attracting new and diverse businesses to the city, and expanding
access to a variety of high-quality housing options in Muskegon.
STAFF RECOMMENDATION: To approve the purchase agreement for
1530 Hoyt Street.
7.k Sale of 1647 Terrace Street - City Manager's Office
Staff is requesting approval of a purchase agreement for 1647 Terrace
Street. 1647 Terrace Street was constructed through the agreement with
Dave Dusendang to construct infill housing with ARPA funding. The offer
is over the full listing price with $10,000 in seller concessions.
STAFF RECOMMENDATION: To approve the purchase agreement for
1647 Terrace Street.
7.o Amendment to Parks & Recreation Advisory Committee Sec. 58-62 -
City Clerk
To amend Sec. 58-62 of the Parks & Recreation Advisory Committee to
reflect two Representative At-Large positions for a total of twelve
members. To further amend the ordinance to reflect that the member
appointed by and from the Commission will serve as chair and be a non-
voting member.
5
On Friday, October 22, 2023 the Community Relations Committee held a
special meeting to discuss and make initial appointments to the recently
established Parks & Recreation Advisory Committee. The Committee’s
discussion led to the necessity to amend the ordinance to include two At-
large members instead of one At-Large Member and to clarify that the
member appointed by and from the Commission will serve as chair and be
a non-voting member.
STAFF RECOMMENDATION: To approve the amendment to Sec. 58-62
of the Parks & Recreation Advisory Committee Ordinance.
7.p Parks & Rec Advisory Committee - Member Representing Muskegon
Public Schools
To replace the appointment of the Member Representing Muskegon
Public Schools made on 9/22/23 and affirmed on 10/10/23 and to appoint
Lynnette Marks, President of the Muskegon Public School Board to this
position. Muskegon Public School Administration provided feedback on
the appointment to this position and would like to have the School Board
President appointed to represent the School District on this board.
STAFF RECOMMENDATION: To replace the previous appointment and
to appoint Lynnette Marks as member representing Muskegon Public
Schools on the Parks and Recreation Advisory Committee.
7.b LIHWAP (Low Income Household Water Assistance Program)
Agreement Extension - Treasurer
Staff is requesting approval to extend our current contract with Mid
Michigan Community Action Agency to participate in the Low Income
Household Water Assistance Program.
In December of 2021, we entered into a contract with Mid Michigan
Community Action Agency (MMCAA) to participate in the Low Income
Household Water Assistance Program (LIHWAP). The program consisted
of funds made available by the State of Michigan, to be distributed to
eligible low-income households, to pay water and sewer arrearages in
order to avoid discontinuance of water service due to non-payment during
the COVID emergency. Those funds were anticipated to be available
through September 30, 2023; thus, the original contract ended on that
date.
It has been determined that there are still funds available, so MMCAA has
provided us with a contract extension through 3/31/2024. Unfortunately,
6
we did not receive notice or a copy of this contract extension until
9/28/2023, and it needed to be signed prior to 9/30/2023 in order to avoid
a lapse in LIHWAP benefits for our residents. Due to the urgent need to
protect this benefit for our residents, our Deputy City Manager has signed
the contract, and we are bringing this item to the Commission today to get
your approval for that extension.
STAFF RECOMMENDATION: To approve the extension of our contract
with Mid Michigan Community Action Agency in order to continue to
receive funds through the Low Income Household Water Assistance
Program through 3/31/2024.
Action No. 2023-107(b)
Motion by: Commissioner Ramsey
Second by: Commissioner Gorman
To approve the extension of our contract with Mid Michigan Community
Action Agency in order to continue to receive funds through the Low
Income Household Water Assistance Program through 3/31/2024.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
7.c Final Approval of the Flock LPR Deployment - Public Safety
Staff is requesting final approval for the purchase and deployment of the
FLOCK license plate reader system.
On May 8th. Chief Kozal and Capt. Bahorski presented to the commission
during a work session. The request was to move forward with the
implementation of a 10-camera FLOCK license plate reader system. That
request was supported by the Commission and funding was added to the
budget. The Public Safety Department is prepared to enter into a 2-year
agreement with FLOCK to deploy the system.
AMOUNT REQUESTED: $72,000
FUND OR ACCOUNT: 101-301-977
STAFF RECOMMENDATION: To approve the purchase and deployment
of the Flock camera system.
7
Action No. 2023-107(c)
Motion by: Commissioner Emory
Second by: Vice Mayor German
To approve the purchase and deployment of the Flock camera system.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
7.d Samaritas Payment in Lieu of Taxes (PILOT Agreement) -
Development Services
City Staff has negotiated and reviewed a Payment in Lieu of Taxes
agreement for commission consideration for an adaptive reuse project at
Froebel School into affordable workforce housing apartments.
For several years staff have been attempting to find a partner that had
interest and capacity in the adaptive reuse of the long-vacant Froebel
School building. Since 2019, we have toured more than 10 entities
through the school, and held a community meeting offering several touring
opportunities for the public. Through these efforts we have developed
interest from Samaritas for the potential installation of affordable housing
units by application to the Michigan Statewide Housing Development
Authority (MSHDA) Low Income Housing Tax Credit (LIHTC) Program. If
awarded, then Samaritas proposes historical preservation and adaptive
remodel of the school building into apartments for low to moderate income
residents. The attached agreement establishes their payment in lieu of
taxes as 2% of net shelter rents. Note that this is the lowest proposed
PILOT of our proposed MSHDA submissions. This is due to the facts
that we are the owners of this facility and will incur significant costs
to demolish or otherwise redevelop the site, and that Samaritas is a
non-profit housing developer with limited capacity to finance and
construct facilities compared with for-profit housing development
firms.
If approved by commission, Samaritas is also proposing a Municipal
Services Agreement of 3% of net shelter rents, for a total annual payment
of 5% of rents. The Municipal Services Agreement (MSA) stays
completely with the city to defray costs of public service delivery to the
8
site, while the PILOT payment is divided proportionally to the other taxing
jurisdictions, similar to a traditional property tax payment.
This item is connected to the Samaritas MSA agenda item, as well as the
sales agreement item for Froebel School.
STAFF RECOMMENDATION: To approve the Contract for Housing
Exemption with Samaritas Affordable Living Froebel Limited Dividend
Housing Association Limited Partnership and authorize the mayor and
clerk to sign.
Action No. 2023-107(d)
Motion by: Vice Mayor German
Second by: Commissioner St.Clair
To approve the Contract for Housing Exemption with Samaritas Affordable
Living Froebel Limited Dividend Housing Association Limited Partnership
and authorize the mayor and clerk to sign.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
7.f Spire Development, Allen Crossing PILOT Agreement - Development
Services - 148 Allen Avenue
City Staff has negotiated and reviewed a Payment in Lieu of Taxes and
Municipal Services agreement for commission consideration for a new
construction 45 unit Senior workforce/family affordable housing complex at
and around 148 Allen Avenue.
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000
rental units priced under $1,430 a month, staff has made overtures and
established relationships with several new Low Income Housing Tax
Credit (LIHTC) developers. Spire Development originally responded to our
request for proposals at the former Catholic Charities site, and when they
were not selected by commission for that project we immediately
introduced them to the site owners of this subject property.
Per their request letter, Spire is seeking a PILOT Agreement of 6% of net
shelter rents. This should equal roughly $20,000-24,000 per year for all
9
taxing jurisdictions to split. Spire is also requesting a 3% Municipal
Services Charge, which is detailed in another agenda item in the packet.
STAFF RECOMMENDATION: To approve the Contract for Housing
Exemption with Allen Crossing Limited Dividend Housing Association
Limited Partnership and authorize the mayor and clerk to sign.
Action No. 2023-107(f)
Motion by: Vice Mayor German
Second by: Commissioner Emory
To approve the Contract for Housing Exemption with Allen Crossing
Limited Dividend Housing Association Limited Partnership and authorize
the mayor and clerk to sign.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
7.l Arena Solar Exemption Certificate Transfer - DPW
Staff requests approval of the attached resolution, supporting the transfer
of the PA 328 Exemption Certificate for the Arena Solar Project from New
Energy Equity to Sunwealth LLC.
In 2019 the Commission approved a Power Purchase Agreement (PPA)
with New Energy Equity (NEE) to place solar on the arena roof. After the
pause due to COVID restrictions, New Energy Equity was not interested in
continuing the project, so a new agreement was secured with Sunwealth
LLC and approved by this Commission earlier this year.
As a part of the previous negotiation a Public Act 328 Personal Property
Tax Exemption Certificate was obtained for the project, however it was
issued with the system owner named as New Energy Equity. In order to
allow the DDA (which would have received the taxes) to transfer the
certificate into Sunwealth LLC’s name, the City must pass a resolution
supporting the transfer.
The attached resolution indicates the City’s support for the transfer, and
will allow Sunwealth LLC to make formal application to the DDA for the
10
transfer. This is an important component of the financial benefits to the
City, since the tax exemption is a part of the calculations that allow the
City to pay a reduced rate for the solar energy compared to grid energy.
STAFF RECOMMENDATION: To approve the resolution supporting the
transfer of the PA 328 Exemption Certificate for the Arena Solar Project
from New Energy Equity to Sunwealth LLC
Action No. 2023-107(L)
Motion by: Commissioner St.Clair
Second by: Vice Mayor German
To approve the resolution supporting the transfer of the PA 328 Exemption
Certificate for the Arena Solar Project from New Energy Equity to
Sunwealth LLC
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Emory
Absent (1): Commissioner Ramsey
MOTION PASSES (6 to 0)
7.m City Hall Seagull Control System - DPW (Building Maintenance)
Staff requests approval to enter into a contract with Seagull Control
Systems of City Island, NY for a post-and-wire seagull control system in
the amount of $27,880.
City Hall has become an annual nesting ground for seagulls, with
detrimental effects to the building and surrounding area. The seagulls get
very territorial during nesting season and have been known to dive at
employees and visitors in an attempt to drive them away. Once hatched
the young seagulls are a protected species, so the key is to prevent the
nesting behavior in the first place.
Staff solicited proposals and recommends Seagull Control Systems from
City Island, New York based on their proposal being the lowest cost post-
and-wire system. Great Lakes Nuisance Animal Control is a local option,
however they did not respond to our request for a proposal and staff
understands the post-and-wire system to be more effective for our issues
than the netting system GLNAC would use.
11
1. Seagull Control Systems (City Island, NY): $27,880
2. Aviaway Bird Control Systems (Wall Township, NJ): $36,500
Portions of the City Hall roof are planned for replacement in FY24-25,
however this system will be able to be reinstalled after that process with
minimal new parts. The effort would be paid for with funds budgeted for
the boiler replacement project, which had bids come in under budget.
AMOUNT REQUESTED: $27,800
FUND OR ACCOUNT: 445 (Public Improvement)
STAFF RECOMMENDATION: To authorize staff to enter into a contract
with Seagull Control Systems of City Island, NY for a post-and-wire
seagull control system in the amount of $27,880.
Action No. 2023-107(m)
Motion by: Commissioner Emory
Second by: Commissioner St.Clair
To authorize staff to enter into a contract with Seagull Control Systems of
City Island, NY for a post-and-wire seagull control system in the amount of
$27,880.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
7.n Fireworks Agreement - Parks & Recreation
Staff is requesting authorization to enter into an agreement with
Pyrotecnico Fireworks for $40,000 for the annual fireworks show in
downtown Muskegon, and approval of the fireworks display permit for
Pyrotecnico contingent upon inspection of the fireworks and approval of
the insurance.
The annual Fireworks contract of $40,000 will be scheduled for July 4th,
2024. The agreement is of the standard form with Pyrotecnico that the
City has entered into for the past several years.
AMOUNT REQUESTED: $40,000
FUND OR ACCOUNT: 101 (General)
12
STAFF RECOMMENDATION: To authorize staff to enter into an
agreement with Pyrotecnico Fireworks for $40,000 for the annual fireworks
show in downtown Muskegon, and approval of the fireworks display permit
for Pyrotecnico contingent upon inspection of the fireworks and approval
of the insurance.
Action No. 2023-107(n)
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To authorize staff to enter into an agreement with Pyrotecnico Fireworks
for $40,000 for the annual fireworks show in downtown Muskegon, and
approval of the fireworks display permit for Pyrotecnico contingent upon
inspection of the fireworks and approval of the insurance.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
8. Public Hearings
8.a Establishment of an Industrial Development District - Beacon
Recycling, 1241 East Keating - Economic Development
Beacon Recycling has requested the establishment of an Industrial
Development District at 1241 East Keating in order to further their
expansion plans in the City of Muskegon.
On September 8, 2023, city staff received a letter from Beacon Recycling
to request the establishment of an Industrial Development District. Beacon
is pursuing an expansion project that will involve the purchase of a new
shredder machine to support its existing metal recycling business and the
creation of a new materials services division to support the re-use of
certain metals. This project has a total capitol investment of $17,500,000
and the creation of up to 36 new jobs. If the district is passed, Beacon will
seek a PA 198 tax abatement to support its development in the City of
Muskegon.
STAFF RECOMMENDATION: To approve the resolution establishing an
Industrial Development District at 1241 East Keating and authorize the
City Mayor and Clerk to sign.
13
Development Analyst Contessa Alexander provided an overview of the
request from Beacon Recycling.
PUBLIC HEARING COMMENCED: No Public Comments were received.
Action No. 2023-108(a)
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To approve the resolution establishing an Industrial Development District
at 1241 East Keating and authorize the City Mayor and Clerk to sign.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
8.b Lakeside BID Special Assessment Tax Roll Approval - Economic
Development
A public hearing has been scheduled to receive comment on a proposed
Lakeside Business Improvement District special assessment roll for 2024-
2026.
The Muskegon City Commission approved a three-year renewal of the
Lakeside BID at its September 12, 2023 meeting, including the district and
special assessment rate. The special assessment roll includes 41 parcels
and annually would generate $22,457.44 for the BID at a 20% reduction
than the previous 3 years. There were no parcels that have objected to
this renewal. The three-year BID budget would focus downtown work on
seasonal landscaping, winter sidewalk snow removal, holiday decorations
and marketing and events. The City Commission created a Board of
Assessors that includes Commissioners Teresa Emory and Michael
Ramsey, who will certify the special assessment roll. After hearing public
comment, the attached resolution would confirm the BID’s special
assessment roll for three years.
STAFF RECOMMENDATION: To close the public hearing and approve
the resolution to confirm the Lakeside Business Improvement District
special assessment roll for the winter tax bills for 2024-2026 and authorize
the Mayor and Clerk sign.
14
Development Analyst Contessa Alexander provided an overview of the
request to confirm the special assessment.
PUBLIC HEARING COMMENCED:
A letter was distributed to commission from Mr. Edward Bodman, 1603
Nelson Street - opposed to Short Term Rental Business being included in
being assessed as a business in the Lakeside BID District.
Mark Flermoen, Chair of the Lakeside BID District spoke about the
benefits to the business of being a part of the Lakeside Business
Improvement District.
Action No. 2023-108(b)
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To close the public hearing and approve the resolution to confirm the
Lakeside Business Improvement District special assessment roll for the
winter tax bills for 2024-2026 and authorize the Mayor and Clerk sign.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
9. Unfinished Business
10. New Business
10.a City ARPA Community Grant - Pioneer Resources, Inc. - Manager's
Office
* A Conflict of Interest Letter was signed by Commissioner Rachel
Gorman related to this item. The Conflict of Interest statement was posted
to the City's website and City's Facebook page on August 10, 2023.
https://muskegon-mi.gov/notice-of-conflict-of-interest/
To approve the City ARPA Community Grant proposal received from
Pioneer Resources, Inc.
As part of the City’s ARPA Community Grant program, a proposal from
Pioneer Resources, Inc. was received and included within the initial slate
of 22 projects recommended for approval by the Commission. It was
15
tentatively removed from the formal motion by the Commission at the
August 7th Regular Meeting pending completion of conflict of interest
documentation.
Current City Commissioner Rachel Gorman is a former employee of
Pioneer Resources, Inc. Ms. Gorman was not involved in Pioneer's
decision to apply, involved in discussions with either City staff or Pioneer
staff concerning this project or involved in the discussion or decision by
the City Commission concerning Pioneer's grant proposal.
Staff has sent notice to the U.S. Department of Treasury that the city has
followed the requirements for a waiver of the conflict of interest pursuant
to the City Charter and state law. We are requesting their concurrence
with the City’s decision and waive any conflict.
STAFF RECOMMENDATION: To approve the City ARPA Community
Grant proposal received from Pioneer Resources, Inc., subject to
receiving acknowledgement from the U.S. Department of Treasury that
they concur with the City’s decision and waive any conflict.
Action No. 2023-109(a)
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To approve the City ARPA Community Grant proposal received from
Pioneer Resources, Inc., subject to receiving acknowledgement from the
U.S. Department of Treasury that they concur with the City’s decision and
waive any conflict.
Ayes: (5): Mayor Johnson, Commissioner St.Clair, Commissioner Hood,
Commissioner Ramsey, and Commissioner Emory
Nays: (1): Vice Mayor German
Conflict (1): Commissioner Gorman
MOTION FAILS (5 to 1)
10.b PRO Housing Grant Leverage Funds - Economic Development/CNS
The Development Services Division is seeking a firm commitment of $2
million in Public Improvement funds to be used a match/leverage for the
Pathways to Removing Obstacles to Housing (PRO Housing) Grant. The
City is seeking $10 million in grant funds through this program that is a
16
unique extension of the Community Development Block Grant (CDBG)
program from the US Department of Housing and Urban Development.
The Pro Housing Grant is intended to identify and remove obstacles to the
production and preservation of affordable housing such as: gaps in
resources available for development, deteriorating infrastructure,
challenges to preserving existing housing stock, and many more. The City
is requesting $10 million for the following eligible activities that will benefit
only those residents at or below 80% of area median income:
$3.5 million to establish a Housing Preservation Fund
o $1.5 million for rental rehabilitation
o $2 million for owner-occupied housing
$6 million to finance the construction or rehabilitation of
affordable housing
o $1 million for acquisition/rehabilitation/resale projects and
nonprofit capacity building
o $5 million for construction of new units
$500,000 for homebuyer down payment assistance
Committed leverage funds would allow the application to have an
additional 4 points awarded when being considered and ranked for this
opportunity. It will serve as proof of the city’s investment in affordable
housing and maximize the use of the grant funds.
AMOUNT REQUESTED: $2 million commitment of public improvement
funds
FUND OR ACCOUNT: Public Improvement
STAFF RECOMMENDATION: To approve the commitment of $2 million in
Public Improvement funds as leverage for the PRO Housing Grant.
Action No. 2023-109(b)
Motion by: Commissioner Ramsey
Second by: Commissioner Hood
To approve the commitment of $2 million in Public Improvement funds as
leverage for the PRO Housing Grant.
17
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
10.c Parks & Rec Advisory Committee - Chair Appointment
Pursuant to the Parks & Recreation Advisory Committee Ordinance the
composition of the board shall include one member of the City
Commission to be selected by and from the City Commission that will
serve as board chair and be a non-voting member.
STAFF RECOMMENDATION: To appoint a member of the City
Commission to serve on the Parks & Recreation Advisory Committee as
chair to the committee, as a non-voting member.
Action No. 2023-109(c)
Motion by: Commissioner St.Clair
Second by: Commissioner Emory
To appoint, Mayor Ken Johnson, a member of the City Commission to
serve on the Parks & Recreation Advisory Committee as chair to the
committee, as a non-voting member, term expiring January 31, 2025.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
11. Any Other Business
Remarks were made by Commissioners Ramsey and St. Clair, Vice Mayor
German, and Mayor Johnson. There was some discussion regarding liens placed
on CDBG funded home repairs.
12. Public Comment on Non-Agenda items
Public comments were received.
13. Closed Session
13.a City Manager's Evaluation
18
Action No. 2023-110(a)
Motion by: Commissioner St.Clair
Second by: Commissioner Ramsey
To go into closed session to review the city managers evaluation.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
Amendment:
Motion by: Commissioner St.Clair
Second by: Commissioner Ramsey
To come out of closed session and adjourn.
MOTION PASSES
14. Adjournment
The City Commission meeting adjourned at 9:00 p.m.
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
19
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date:10/24/23 Title: Storage Area Network Device (SAN)
Submitted By: Jason Boes, Director of Department: Information Technology
Information Technology
Brief Summary: Staff is requesting authorization to purchase a new Storage Area Network
appliance to host the City of Muskegon virtual server systems.
Detailed Summary & Background: Our current Storage Area Network(SAN) is reaching end-of-
support/end-of-life in December of 2023 and needs to be replaced. We procured quotes from 3
major players in the industry: Pure Storage($98,877.75), HP($62,270), and Dell($62,600). We plan
to leverage an interest-free 5-year lease with a $1 buyout offered by all three manufacturers. After
careful consideration, we are recommending the Dell SAN. We have Dell equipment throughout
the city and find the Dell unit will be the most compatible and best fit for our environment. The SAN
purchase is budgeted.
Goal/Focus Area/Action Item Addressed: Goal 4 - Financial Infrastructure
Amount Requested: $12,520 per year for 5 yr Budgeted Item:
Yes No N/A
Fund(s) or Account(s): 101-228-980 Budget Amendment Needed:
Yes No N/A
Recommended Motion: I move to approve the purchase of a Storage Area Network appliance from
Dell Technologies.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 24, 2023 Title: Water Treatment Chemical Bids
Submitted By: Dan VanderHeide Department: DPW – Water Filtration
Brief Summary: Staff is requesting approval of contracts with Univar and USALCO to supply
fluoride and alum to the Water Filtration Plant.
Detailed Summary & Background:
The Water Filtration Plant purchases water treatment chemicals as part of a cooperative that
includes seven other area municipalities. The contracts and bidding processes are managed by
the City of Grand Rapids.
The City of Grand Rapids issued two separate public invitations to bid on supplying and delivering
water treatment chemicals: one for fluoride (hydrofluorosilicic acid) and one for alum (aluminum
sulfate). Staff is requesting approval of the contracts with the lowest bidders, Univar (fluoride) and
USALCO (alum). The fluoride contract is for a one-year term and the alum contract is for a one-
year term with the option of two one-year renewals.
The Water Filtration Plant uses an average of 60 tons of fluoride annually. Under the contract with
Univar, the estimated annual cost based on average use will be $30,000 ($500/ton).
The Water Filtration Plant uses an average of 251 dry tons of alum annually. Under the contract
with USALCO, the estimated annual cost based on average use is:
Year 1 ($455.80/dry ton): $114,500
Year 2 ($470.17/dry ton): $118,500
Year 3 ($490.70/dry ton): $123,000
Fluoride and alum purchases are included in the Water Filtration Plant budget. Based on average
use, it is anticipated that no budget adjustments will be required this fiscal year. However, the
actual amount spent will ultimately depend on water usage and source water quality.
Goal/Focus Area/Action Item Addressed: Sustainability in financial practices and infrastructure.
Amount Requested: Budgeted Item:
$144,500 (Year 1 estimate, fluoride and alum) Yes No N/A
$118,500 (Year 2 estimate, alum only)
$123,000 (Year 3 estimate, alum only)
Fund(s) or Account(s): Budget Amendment Needed:
Water Supply & Filtration (591-558) Yes No N/A
Recommended Motion: I move to approve the water treatment chemical contracts with Univar and
USALCO.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Page 1 of 1
BID TAB
Bid File #885-66-11 Item 1
Bid Opening Date: $/Wet ton
For: Bulk Chemicals, HFS Bulk Chemicals,
# Bidders Solicited: 20 Hydrofluorsilicic acid (fluoride)
Buyer: Tony Wojciakowski
Dept: Water - Lake Filtration Plant $/Wet ton
Year 1
Year 2
Year 3
$506.00
Pencco, Inc
PO Box 600 $529.00
San Felipe TX 77473
$552.00
$500.00
Univar
4600 Dues Dr $525.00
Cincinnati OH 45246
$550.00
City of Grand Rapids
Purchasing Department
300 Monroe Ave NW, Room 720
MASTER AGREEMENT
Grand Rapids, MI 49503
VENDOR INFORMATION
Name /Address: Contact: Master Agreement Number: Not To Exceed Amount:
Univar USA Inc Shelley Stevens
3075 Highlands Pkway Suite 200 513-714-5205 MA 233 24000018 $193,000.00
Downers Grove IL 60515 Begin Date 08/01/2023 Record Date 08/25/2023
Expiration Date 07/31/2024 Replaces Award Document
Modification Date 08/25/23 Version Number 2 Phase Final
Procurement Folder 347742
PROCUREMENT CONTACT INFORMATION
Tony Wojciakowski
616-456-3173
[email protected]
CONTRACT DESCRIPTION
Chemicals, Hydrofluorisilicic Acid - Fluoride
One-year term contract with no renewal option for the purchase and bulk delivery of hydrofluorisilcic acid (HFS) - fluoride, as per the attached document.
*
Cooperative contract: this contract and unit pricing is extended to West Michigan Cooperative Agencies.
*
Deliveries shall be on an "as needed" order basis as ordered by the City of Grand Rapids Lake Filtration Plant. Annual amount expended shall not exceed
$193,000.00.
Year 1 Effective dates: 08/01/2023 - 07/31/2024
*
City Project Manager - Doug Gay @ (616) 456-3302.
*
Bid File: #885-66-11
City Commission Approved: 08/22/2023 Proceeding No.92872
Buyer: Tony Wojciakowski
RENEWAL PERIODS
Renewal Period Length Effective Begin Date Expiration Date
BILL To: Water-Filtration
17350 Lake Michigan Drive
West Olive MI 49460-9555
Delivery Date: Shipping Method: Delivery Type:
FOB: FOB Dest, Freight Prepaid
Billing Instructions: Attn: Doug Gay
SHIP To: Water-Filtration
17350 Lake Michigan Drive
West Olive MI 49460-9555
Shipping Instructions: Attn: Doug Gay
AUTHORIZED FUNDING SOURCES
Department No Limit Spending Limit
Water YES $0.00
Line Item Commodity Code Quantity Unit Description Unit Price
1 88566 0.00000 TON Bulk Hydrofluorisilicic Acid (HFS) - Momentive HFS $500.00
HFS 23-25%, per wet ton
TERMS AND CONDITIONS
Anthony M. Wojciakowski, City Purchasing
VENDOR ACKNOWLEDGMENT AND INSTRUCTIONS
By accepting and completing this Master Agreement, the Vendor agrees to the City of Grand Rapids standard Terms and Conditions:
https://www.grandrapidsmi.gov/files/assets/public/departments/purchasing/general-terms-and-conditions-rev-may-2019.pdf
Taxes: The City is generally exempt from Federal Excise and State Sales Tax. The City's Tax Exemption Number is 060216. Bids will be separated to show the amount subject to
taxes of any kind if applicable. Exemption Forms will be furnished if necessary. Taxes, wherever indicated and which are applicable to the purchase, will not be subject to any
trade or cash discounts.
Cash Discounts: Cash discounts will be considered in the determination of the low bidder provided the discounts are based on periods of 30 days or more after acceptance of
goods, or billing on bidder's invoice, whichever is later. The City reserves the right to net out the cash discount when evaluating the bid. If no cash discount is indicated in the
space provided in the Bid Document, the terms will be considered as net, 30 days.
Anthony M. Wojciakowski, City Purchasing
Page 1 of 1
BID TAB
Bid File #885-77-17 Item 1
Bid Opening Date: September 6, 2023 1 Dry Ton
For: Bulk Chemicals, Aluminum Sulfate Bulk
# Bidders Solicted: 35 Chemical,
Buyer: Tony Wojciakowski Aluminum Sulfate
Dept: Lake Filtration Plant $/Dry Ton
Year 1
Year 2
Year 3
$657.00
Chemtrade Chemicals US LLC
90 East Halsey Road Suite 200 $677.00
Parsippany NJ 07054
$702.00
$455.80
USALCO Michigan City Plant LLC
2601 Cannery Avenue $470.17
Baltimore MD 21220
$490.70
City of Grand Rapids
Purchasing Department
300 Monroe Ave NW, Room 720
MASTER AGREEMENT
Grand Rapids, MI 49503
VENDOR INFORMATION
Name /Address: Contact: Master Agreement Number: Not To Exceed Amount:
USALCO Michigan City Plant, Melanie Mercado
LLC MA 233 24000026 $482,000.00
1750 East US Highway 12 2198730914
Begin Date 09/01/2023 Record Date 10/03/2023
Michigan City IN 46360 [email protected]
Expiration Date 08/31/2024 Replaces Award Document
Modification Date 10/03/23 Version Number 1 Phase Final
Procurement Folder 352716
PROCUREMENT CONTACT INFORMATION
Tony Wojciakowski
616-456-3173
[email protected]
CONTRACT DESCRIPTION
Bulk Chemicals, Liquid Aluminum Sulfate
One-year term contract with two, one-year renewal options for the purchase and delivery of bulk aluminum sulfate, delivered in tanker loads to the City of Grand
Rapids Lake Michigan Filtration Plant. Tanker load size is 10.95 dry tons/4,054 gallons.
Year 1 Costs = $455.80/Dry Ton
Year 2 Costs = $470.17/Dry Ton
Year 3 Costs = $490.70/Dry Ton
Minimum order quantities for pricing is 3,500 gallons.
*
Goods/Services shall be on an "as needed" basis as ordered by authorized department only. Amount expended by authorized department per contract year shall not
exceed $484,000.00.
*
Cooperative contract: this contract and unit pricing is extended to West Michigan Cooperative Agencies.
*
City Project Manager - Doug Gay, [email protected], #616-456-3302.
Expiring: 08/31/2024 Bid File #885-77-17
City Commission Approved: 09/19/2023 File #92934
Buyer: Tony Wojciakowski
RENEWAL PERIODS
Renewal Period Length Effective Begin Date Expiration Date
BILL To: Water-Filtration
17350 Lake Michigan Drive
West Olive MI 49460-9555
Delivery Date: Shipping Method: Delivery Type:
FOB: FOB Dest, Freight Prepaid
Billing Instructions: Attn: Doug Gay
SHIP To: Water-Filtration
17350 Lake Michigan Drive
Grand Rapids MI 49460
Shipping Instructions: Attn: Doug Gay
AUTHORIZED FUNDING SOURCES
Department No Limit Spending Limit
Water YES $0.00
Line Item Commodity Code Quantity Unit Description Unit Price
1 88577 0.00000 TON USALCO Liquid Aluminum Sulfate $455.80
17% concentration dry weight
*
Wet ton equivalent Year 1: $222.00/wet ton
Anthony M. Wojciakowski, City Purchasing
TERMS AND CONDITIONS
VENDOR ACKNOWLEDGMENT AND INSTRUCTIONS
By accepting and completing this Master Agreement, the Vendor agrees to the City of Grand Rapids standard Terms and Conditions:
https://www.grandrapidsmi.gov/files/assets/public/departments/purchasing/general-terms-and-conditions-rev-may-2019.pdf
Taxes: The City is generally exempt from Federal Excise and State Sales Tax. The City's Tax Exemption Number is 060216. Bids will be separated to show the amount subject to
taxes of any kind if applicable. Exemption Forms will be furnished if necessary. Taxes, wherever indicated and which are applicable to the purchase, will not be subject to any
trade or cash discounts.
Cash Discounts: Cash discounts will be considered in the determination of the low bidder provided the discounts are based on periods of 30 days or more after acceptance of
goods, or billing on bidder's invoice, whichever is later. The City reserves the right to net out the cash discount when evaluating the bid. If no cash discount is indicated in the
space provided in the Bid Document, the terms will be considered as net, 30 days.
Anthony M. Wojciakowski, City Purchasing
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 24, 2023 Title: Conversion Assistance Amendment
Submitted By: Dan VanderHeide Department: DPW
Brief Summary: Staff requests authorization to enter into an amended Agreement with Ramboll for
assistance in resolving the conversion of the Lakeshore Trail and Hartshorn properties.
Detailed Summary & Background:
On November 22, 2022 the Commission authorized Ramboll to engage with the MDNR on our behalf
in order to resolve the conversation of the Lakeshore Trail through the Adelaide Pointe and Hartshorn
Village properties. At the time Ramboll was only authorized for about one-third of their proposal, with
the intent to award them the remainder once the final conversation proposal was known, so that the
final costs could better represent the need.
Ramboll, staff and the MDNR received preliminary approval from the National Park Service for a
proposal to move the trail to the recently acquired CSX property, including extending the separated
trail approximately 600 feet west on that CSX property to the border of the Windward Pointe property.
Now that preliminary approval is secured, appraisals, environmental work, public engagement efforts
and other parts of the conversion process need to begin. Ramboll has submitted a revised proposal
that matches the level of effort, which is a reduction from their initial proposal. The amended proposal
seeks $96,100 in additional fees, which is $44,754 less than their initial proposal for this portion of the
work. Staff recommends approval of the additional services.
Goal/Focus Area/Action Item Addressed: Goal 1 Key Focus Area: Improved Access to the Waterfront
Amount Requested: $96,100 Budgeted Item:
Yes No N/A
Fund(s) or Account(s): 101-770 (Parks) Budget Amendment Needed:
Yes No N/A
Recommended Motion: I move approval of staff entering into an amended agreement with Ramboll
for assistance in resolving the conversion of the Lakeshore Trail & Hartshorn properties.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Intended for
City of Muskegon, MI
Document type
Change Order Request
Date
October 13, 2023
CHANGE ORDER REQUEST:
MDNR CONVERSION
ASSISTANCE
CITY OF MUSKEGON, MI
Photo: Amoco Fish and Wildlife Restoration Habitat Restoration Project on the Lakeshore Trail
October 13, 2023
Ramboll
2090 Commonwealth Blvd
City of Muskegon Ann Arbor, MI 48105
City Clerk’s Office USA
933 Terrace Street
T +1 734-761-4000
Muskegon, MI 49440
www.ramboll.com
CHANGE ORDER REQUEST: MDNR CONVERSION ASSISTANCE TO THE
CITY OF MUSKEGON, MI
Dear Dan:
Ramboll Americas Engineering Solutions, Inc. (Ramboll), requests the
authorization to proceed and approval of additional work and budget for Phase II
of the current City of Muskegon (City) project: Michigan Department of Natural
resources (MDNR) Conversion Assistance. The City of Muskegon has a number of
development projects throughout the city that have initiated the need to enter
into a conversion process with MDNR to assess the impacts of properties
transitioning from public to private ownership and to reach an agreement on one
or more properties that mitigate some or all of the conversions.
To date, Ramboll has provided services to the City to engage with the MDNR
during Phase I (Steps 1-3) of the project, which was authorized on November
23, 2022. For reference, please see the Ramboll Proposal No. 104258, dated
October 18, 2022, for “Providing MDNR Conversion Assistance to the City of
Muskegon, MI”. Efforts to date have included the preparation of materials for
Phase I of the conversion process I to engage with the MDNR, an in-person
meeting the MDNR at City Hall, and a site tour of conversion and candidate
mitigation properties with the MDNR. Following this work, the MDNR and
National Park Service (NPS) provided preliminary approval of the mitigation of
the conversion with the CSX Railroad Acquisition parcel. This has initiated Phase
II (Steps 4-6) of the conversion process and, therefore, this request for
authorization to proceed and approval of additional work and budget.
The cost table presented in this change order request is based on that of the
proposal, Ramboll Proposal No. 104258. However, as the scope has been
defined following efforts to date, the cost table has been revised to focus on only
the mitigation parcel (CSX Railroad Acquisition) and the conversion of the
properties affected by the Adelaide Pointe and Hartshorn Village conversions as
they relate to the Lakeshore Trail, which was encumbered by the Land and
Water Conservation Fund. The estimated budget in the table also now includes
the cost of an appraisal reviewer. Ramboll is currently fielding bids from
candidate reviewers. The estimated cost for a reviewer is based on three bids
received to date. There are otherwise no changes to the subcontractor team
composition.
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TEAM QUALIFICATIONS
Ramboll will continue to provide a multidisciplinary team specializing in due diligence, site solutions,
and natural resource permitting. We have established our team to execute this project with clear lines
of communication and responsibility to the City. The project leadership will be accessible to the City
throughout the project and will lead the execution of the tasks identified.
Dusty Tazelaar – Project Manager – Mr. Tazelaar is a project manager with 19 years of
professional experience in the fields of risk assessment, environmental toxicology, and fish and wildlife
habitat restoration. He is from Muskegon and currently works from his home office in Grand Haven,
MI. His experience includes project and technical management for ecological risk assessments,
environmental fate and transport of compounds analyses, long-term field investigations, fish and
wildlife habitat restoration projects, and the oversight of laboratory studies. Dusty’s primary career
focus has been evaluating persistent organic pollutants in fish and wildlife species. He has substantial
experience in managing personnel for large-scale biological sampling efforts to support ecological risk
assessment. He is the project manager for the Amoco Fish and Wildlife Habitat Project in Muskegon.
Travis Hinman – Environmental Consultant – Mr. Hinman has 23 years of experience in
environmental consulting. His experience covers site assessment, due diligence, construction,
environmental investigation, climate resiliency, community engagement, and remediation. Clients
range from non-profits, and school districts, to public utilities and residential developers with sites
located in schools, residential apartment buildings, power plants, natural gas collection facilities, and
dense urban neighborhoods. He has broad experience including community engagement, construction
management, contaminant source delineation and characterization (soil, groundwater, marine
sediments), evaluation of soil vapor intrusion, design and installation of remedial technologies,
remedial excavation, and design and construction of containment systems.
Scott Stolz – GIS Specialist – Mr. Stolz has over ten years of professional experience as a
Geographic Information System Specialist, Environmental Scientist, and geospatial data analyst. Mr.
Stolz has provided GIS, database, GPS, CAD, and fieldwork support on a wide variety of projects. He
is skilled in geodatabase management, environmental data management, CAD to GIS data conversion,
and creation of high-quality map products. Geospatial data management experience includes design,
implementation and production support activities for relational database management systems
including Esri ArcCatalog geodatabases, MS Access and EnviroData software.
Lis Thomas – Managing Ecologist - An environment and health and safety professional with 16
years of experience in environmental assessment, regulatory compliance, auditing, and sustainability.
Lis has particular knowledge of urban ecosystems, soil assessment and remediation, native and
invasive plant communities, stormwater infrastructure and ecosystem services. Lis has also designed
and delivered training programs on environmental, sustainability, and health and safety topics. These
programs have included multiple in-depth certificate programs. Lis has also worked closely with
interdisciplinary teams including NGOs, governmental organizations, and citizen stakeholder groups to
develop programming and initiatives for major urban greening projects.
Carlson Appraising Company – Appraiser – A small Michigan based business. They are uniquely
qualified for this assignment having completed hundreds of appraisals for various governmental
agencies, land conservancies and conservation organizations. These appraisals involved fee simple
value considerations, conservation easements, development rights agreements, and other similar
partial interests. The properties appraised for these issues included vacant and improved parcels
having significant natural resource amenities ranging from prime Great Lakes frontage; major river
frontage; scenic urban and rural areas sought for acquisition by local municipalities; prime agricultural
land; and railroad, recreational and utility corridors. These appraisals have been prepared in
accordance with applicable standards unique to circumstances and requirements including Michigan
Department of Natural Resources Appraisal Report Writing Standards, Uniform Appraisal Standards for
Federal Land Acquisitions (“Yellow Book”) and others.
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The Mannik & Smith Group – State Historic Preservation Officer – Technical skill, relationships
and leadership are the foundation of The Mannik & Smith Group, Inc. (MSG) and have been not just a
tradition, but a way of doing business since 1955. People are the heart of our company.
Knowledgeable and technically savvy associates create the ability to positively impact the value of
projects. Comprehensive services—along with talented and dedicated professionals combined with the
foundational culture of the company set by Jaan Mannik (ret. 2007) and Mike Smith (Chairman
Emeritus, 2018)—create a benchmark for consulting firms in the Midwest. MSG continuously evolves
to meet the changing needs of the industry and implements innovative ideas that streamline
processes to add value to our projects. MSG provides a comprehensive suite of professional
engineering and environmental services, including Civil Engineering, Survey, Environmental
Consulting, NEPA Services, Cultural Resources, Landscape Architecture, Geotechnical Engineering,
Construction Support, and Funding Strategy Assistance.
Westshore Environmental – Surveyor – Founded in 1982, Westshore is a Muskegon, MI based
small business. They have a multidisciplinary staff of qualified and experienced professionals who
possess a wide range of technical capabilities, in environmental, surveying, geoscience, and
engineering consulting services.
TBD – Appraisal Reviewer – Per the request of the MDNR, Ramboll has engaged with “Yellow Book”
qualified candidate appraisers to review the appraisal(s) completed by the Carlson Appraising
Company to support the conversion application.
UNDERSTANDING OF SERVICES
As the City is moving into Phase II of the conversion process, Ramboll requests the authorization to
proceed and approval of additional work and budget for Phase II of the current City project. Currently,
there are four properties (Adelaide Point, Hartshorn Village, Lakeshore Trail, and Hartshorn Marina)
which have triggered the conversion process and required mitigation. These properties require
completing the full 6-step conversion process. These conversions will be mitigated by the CSX Railroad
into public use. It should be noted that properties owned by public agencies cannot be used as
mitigation unless certain conditions are met. To date, the MDNR and NPS has preliminarily approved
this mitigation, thereby initiating Phase II. Phase II of the process is outlined below.
Conversion Process
Working closely with MDNR and the City of Muskegon, Ramboll will move the above parcels through
the next three steps of the process, discuss any additional conditions for properties owned by public
agencies and, if necessary, identify any additional mitigation properties which may be necessary to
meet the requirements of the conversion.
Steps 4 – 6 (Phase II)
As the MDNR and NPS have has conducted the internal analysis of the preliminary conversion
submittal and provided approval, Steps 4 through 6 will be completed for the four parcels proposed for
conversion, and the associated or more mitigation property.
An initial Phase I Environmental Site Assessment (ESA) will be conducted for the mitigation property
as required under Part 201 of the Natural resources and Environmental protection Act. The Phase I
ESA will satisfy the requirements of the 2013 ASTM standard and will include the following tasks:
• Document Review – A review of previous environmental reports, if provided.
• Review of Federal, State, Tribal, and Local Government records – This will include review of
regulatory database searches for the subject property and the surrounding properties from
Environmental Data Resources (EDR). The EDR report will meet the minimum requirements
presented in the 2013 ASTM standard.
• Site Reconnaissance - Visually inspect the physical condition of the subject property, including
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the interior of any buildings or other structures, to evaluate whether there are any current or
past operations that involve the use, treatment, storage, disposal or generation of hazardous
substances or petroleum products. Ramboll will also visually inspect, to the extent practicable
from property boundaries and public thoroughfares, adjacent properties for current or past
land use conditions that may adversely affect the subject property, and make observations for
the presence of obvious suspect asbestos-containing materials (ACMs) and moisture/ mold
conditions.
If, based on the findings of the Phase I and any other additional investigation data available, the
property is determined to be a facility, as defined in EGLE Part 201 cleanup program regulations, due
to the presence of impacted soil or groundwater, then Ramboll will conduct a Baseline Environmental
Assessment (BEA) for each applicable facility. Ramboll will use the available historic data from Phase
I/Phase II Environmental Assessments and, if necessary, conduct additional investigations to fill data
gaps and provide a complete picture of environmental impacts on the property.
Following the completion of the BEA and any necessary additional investigation activities, Ramboll will
also proceed with the development of the DDCC that meets the requirements as described in Section
20107a of Part 201 of NREPA, which requires that owners and operators take due care measures to
ensure that existing contamination on a property does not cause unacceptable risks and is not
exacerbated. Such measures include evaluating the contamination and taking necessary response
actions. Due care requirements are not related to the owner or operator’s liability for the
contaminants; they apply to non-liable parties and liable parties alike. The DDCC must be provided to
Client within eight months after the transaction, as required by Section 20107a of Part 201.If
necessary, a Response Activity Plan (RAP) will also be prepared and submitted to Department of
Environment, Great Lakes, and Energy (EGLE), as detailed under Part 201.
If the findings of the BEA indicate that remediation is required, a RAP will be completed as detailed
under Section 20114b, Part 201, Environmental Remediation, of the Natural Resources and
Environmental Protection Act, 1994 PA 451, as amended. The RAP, to Comply with 7a(1)(b), will
address the entire property, all complete pathways, and propose the necessary response activities to
mitigate unacceptable exposures for all pathways determined to be complete. It is anticipated that
only one BEA and/or RAP will be necessary.
All the above summarized environmental due diligence documents, once approved through EGLE, will
be provided to an appraiser to determine the market value of both the conversion and mitigation
properties. The mitigation property must have an equal or greater valuation than the conversion
property. Since it is our understanding that two of the parcels planned for conversion are Land and
Water Conservation Fund (LWCF) encumbered, which likely involves the National Park Service,
Ramboll will contract with Carlson Appraising Company, located in Lansing, Michigan, who will conduct
the appraisal in conformance with Uniform Appraisal Standards for Federal Land Acquisitions (“Yellow
Book”).
Finally, a 30-day public comment period will be undertaken to ensure that the community has ample
opportunity to provide input on the proposed conversion. This will be accomplished through public
outreach (i.e., mailers, online comment options) as well as through a public meeting scheduled in
Muskegon.
Additional Items for LWCF Properties
As the conversion properties are encumbered by the LWCF, additional steps are required. Additional
steps include an environmental screening form, which must be completed for the conversion and
mitigation properties and impacts to historical properties evaluation. The screening form is used to
identify potential negative effects to environmental or cultural resources, or social conditions, as result
of the proposed conversion. This form will then be submitted to the NPS. If the department or NPS
determines that an environmental assessment is required, further guidance will be provided, and may
include a more detailed environmental assessment report.
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Additionally, a review of potential effects of the conversion and mitigation proposal on historical
properties is conducted by a State Historic Preservation Officer (SHPO). To conduct this assessment
Ramboll will contract with The Mannik & Smith Group, Inc (MSG). MSG will then issue a letter stating
their findings and whether “no effect” is found for the mitigation property.
Final Approval
Information summarized in the above steps will then be submitted as a final packet to MDNR for final
approval and forwarded to the NPS for their additional approval.
Meetings
Per the RFP, Ramboll is anticipating a need for five (5) in-person and four (2) virtual meetings during
Phase II. on this project. These meetings will be attended by the project Manager who is a resident of
Grand Haven, and additional personnel as necessary based on tasks to be discussed. The meetings are
as follows:
• Appraisal kickoff meeting with the City/MDNR/Appraiser/Appraisal Reviewer
• Two Stakeholder meetings
• Two virtual check-in meetings with the City/MDNR
• One preliminary report review meeting with City/MDNR
• One final report review meeting with City/MDNR
Budget has also been added for the project manager to attend up to two additional meetings, which
may be requested by the city/stakeholders to assist with public input, presentation of the findings to
governing bodies and/or related boards, and to assist with grant funding identification or
preparation.
PRICE PROPOSAL
The cost table included as Attachment A, contains a task by task break down of technical staff hours
and billing rates, subcontractor costs and roles, and a breakdown of other direct costs, such as car
rental or mileage, for each specific task. The costs along with the technical proposal detail how
Ramboll proposes to approach the current assignment, and how staffing and subcontractors will be
utilized.
ASSUMPTIONS
• Costs for any additional investigation activities have not been included in this proposal as the
scope of such investigations is not completely known prior to commencing Step 4. If additional
investigation is deemed necessary, it will be covered under a separate proposal.
• Properties owned by public agencies cannot be used as mitigation unless certain conditions are
met. Any additional conditions will need to be discussed with MDNR once the process begins to
understand which conditions may apply and the level of effort required to meet them.
Therefore, costs associated with meeting additional conditions have not been included in this
proposal.
• Costs include the baseline conversion process steps for the LWCF parcels, but any additional
environmental assessment that may be required by the National Park Service for the LWCF
properties has not been included.
• Costs include preparation of one BEA and one RAP for the parcels which are to be used as
mitigation in the conversion process. However, due to the limited information available
regarding these parcels, costs may vary based on the scope determined during environmental
due diligence. If additional BEAs or RAPs are required these will be covered under a separate
proposal.
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• It is anticipated that some revisions or additional information will be requested from MDNR on
the final submittal package. Costs assume one round of revisions and/or request for
information from MDNR.
• Appraisal costs have assumed a “value of the part converted” approach will be acceptable. If
instead MDNR requires a “before and after” approach, the appraisal complexity is much
greater and additional costs maybe incurred. A base cost of $20,000 (less the value of $2275
which was paid to the subcontractor during Phase I) has been included in the cost table;
however, if the appraisal complexity required by MDNR calls for this latter approach, $33,000
additional cost is estimated to complete the appraisals. This yields a range for appraisal
support of $20,000 - $44,000.
• Appraisal reviewer costs assumptions are based on those used to derive the low end of the
appraisal costs range above. Appraisal review with be in accordance with USPAP Standards
Rule 2-1(a) & “Yellow Book”. No site visit is anticipated for the reviewer. Reviewer may attend
Appraisal Kick-off Meeting virtually (e.g., Teams). Additional costs of $350 per hour for any
required meetings (except for a meeting prior to work commencing), conferences, depositions
or court appearance with a two-hour minimum and plus costs including milage at the then
prevailing federal rate. If the proposed work changes significantly from what has been outlined
as three review reports that the fee will be renegotiated.
• It is unclear if MDNR will accept a development approach to value. Precise clarification with
MDNR must be accomplished prior to commencing appraisal work.
• Ramboll reviewed and revised Insurance Requirement that was included Ramboll Proposal No.
104258, approved November 23, 2023, is included for reference in Attachment E.
• We anticipate that impacts to the Lakeshore Trail and Hartshorn Marina properties can be
addressed within the one application for the Adelaide Pointe, Hartshorn Village, and CSX
Railroad.
• Work shall continue to be performed in accordance with and under the Ramboll Americas
Engineering Solutions, Inc., Standard Service Terms and Conditions in Attachment D.
CLOSURE
We look forward to continuing our support for the City and this project. If you find this change order
request acceptable, please have a copy of the change order executed and return it to Ramboll as our
authorization to proceed. If you have any questions or need further information, please contact us.
Sincerely,
Jay F Karls, PhD, PE Dustin L Tazelaar
Project Officer - Director of Strategy Midwest Project Manager
Central
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AUTHORIZATION TO PROCEED
October 13, 2023, Change Order Request to Ramboll Project No. 1940103340, authorized
November 23, 2022, for Providing MDNR Conversion Assistance to the City of Muskegon, MI.
This Authorization to Proceed approves the proposed work, expenses, and subcontractor budget for
“Phase 2” (steps 4-6), which is inclusive of LWCF encumbered conversion and mitigation properties,
and PM/Meeting labor and expenses.
Accepted and approved by:
Signature: _________________________________ Date: ________________________
Name: ____________________________________ Title: _________________________
ATTACHMENT A
COST TABLE
Muskegon Conversion Project
Muskegon, Michigan
Initial Activities
Conversion Process
Meetings / PM
Steps 4 - 6
Labor Costs RATES UNIT UNITS DOLLARS UNITS DOLLARS Hours DOLLARS
Principal $215 hr 8 $1,720 0 $0 8 $1,720
Sr. Managing Consultant $195 hr 0 $0 0 $0 0 $0
Managing Consultant $185 hr 124 $22,940 36 $6,660 160 $29,600
Senior Consultant 2 $150 hr 100 $15,000 0 $0 100 $15,000
Senior Consultant 1 $135 hr 0 $0 0 $0 0 $0
Technician $95 hr 80 $7,600 0 $0 80 $7,600
Communications and Reproduction (6%) $2,836 $400 $3,235
Total Labor 312 $50,096 36 $7,060 348 $57,155
Subcontractors Costs UNITS DOLLARS UNITS DOLLARS UNITS DOLLARS
Surveyor (West Shore Environmental) $28,600 each 0 $0 0 $0 0 $0
Appraiser (Carlson Appraising) $17,725 each 1 $17,725 0 $0 1 $17,725
SHPO $7,725 each 1 $7,725 0 $0 1 $7,725
Reviwer for appraisal $10,000 each 1 $10,000 0 1 $10,000
Markup (10%) $2,545 $0 $2,545
Total Subcontractors Costs $37,995 $0 $37,995
Other Costs UNITS DOLLARS UNITS DOLLARS UNITS DOLLARS
Misc. Field Supplies $100 day 0 $0 0 $0 0 $0
EDR Reports $400 each 2 $800 0 $0 2 $800
Lodging $250 day 0 $0 0 $0 0 $0
Car Rental $150 day 0 $0 1 $150 1 $150
Total Other Costs $800 $150 $950
TOTAL COST $88,891 $7,210 $96,100
TOTAL $96,100
ATTACHMENT B
RAMBOLL PROFESSIONAL RESUMES
DUSTY L. TAZELAAR
Project Manager
Mr. Tazelaar is a project manager with 18 years of professional
experience in the fields of risk assessment, environmental toxicology,
and fish and wildlife habitat restoration. He is from Muskegon and
currently works from his home office in Grand Haven, MI. His
experience includes project and technical management for ecological
risk assessments, environmental fate and transport of compounds
analyses, long-term field investigations, fish and wildlife habitat
restoration projects, and the oversight of laboratory studies. Dusty’s
primary career focus has been evaluating persistent organic pollutants
in fish and wildlife species. He has substantial experience in managing
personnel for large-scale biological sampling efforts to support
ecological risk assessment. He is the project manager for the Amoco
Fish and Wildlife Habitat Project in Muskegon, MI.
PROFESSIONAL REGISTRATIONS
Society of Environmental Toxicology and Chemistry
CONTACT INFORMATION
PROFESSIONAL EXPERIENCE Dusty Tazelaar
Fish and Wildlife Habitat Restoration, Muskegon Lake, MI, USA,
Project Manager – A multi-faceted project within a Great Lakes Area [email protected]
of Concern designed to address Beneficial Use Impairments. The site
was a former petroleum storage and transfer facility. Project Ramboll
elements included sediment and soil investigations to assess 2090 Commonwealth Blvd
potential impacts of petroleum-related compounds and metals. Multi- Ann Arbor, MI 48105
beam and side-scan sonar surveys were conducted to characterize United States of America
debris in the nearshore area. Tasks included the design of a berm
and movement of a bike path to restore the connection of on-site
wetlands to the lake and removal of nearshore debris.
Ecological Risk Assessment, Tittabawassee River, MI, USA, Project
Manager – A large and multidisciplinary project to assess the
availability and impact of dioxins, furans and co-contaminants
including polychlorinated biphenyls (PCBs) and DDXs on wildlife.
Facilitated the generation and interpretation of data to inform human
and environmental risk assessment, remediation, restoration, and
NRDA.
Ecological Risk Assessment, Kalamazoo River, MI, USA, Project
Manager – Providing NRDA support following a multi-trophic level
risk assessment of PCBs to wildlife, in the Kalamazoo River,
Michigan. Facilitated efforts to plan compensatory restoration
projects based on Habitat Equivalency Analysis (HEA).
1/1 CV, DUSTY L. TAZELAAR
TRAVIS HINMAN
Managing Consultant
Mr. Hinman has 22 years of experience in environmental consulting.
His experience covers site assessment, environmental investigation,
due diligence, climate resiliency, community engagement,
construction, and remediation. Clients range from non-profits, and
school districts, to public utilities and residential developers with sites
located in schools, residential apartment buildings, power plants,
natural gas collection facilities, and dense urban neighborhoods. He
has broad experience including construction, contaminant source
delineation and characterization (soil, groundwater, marine
sediments); evaluation of soil vapor intrusion, design and installation
of remedial technologies, remedial excavation and, and design and
construction of containment systems.
PROJECTS
• Worked to develop a vulnerabilities assessment for the Resilient
Long Beach Island project. The assessment analyzed the impacts
CONTACT
of climate related hazards to community assets, critical
INFORMATION
infrastructure, and natural resources to aid in development of a
Travis Hinman
resilience action plan. The Resilient LBI project is a pilot program
to help vulnerable coastal communities plan for potential impacts
[email protected]
to residents, businesses, and the natural and built environment.
+1 (617) 946-6103
• Assisted large industrial client with environmental due diligence +1 (617) 694-1917
assessment by quantifying environmental risk associated with
existing facilities. Experience includes providing cost estimates Ramboll
associated with environmental liabilities, construction, closure and 101 Federal Street
post closure. Conducted site inspections, file reviews, 19th Floor
identification of potential environmental liabilities, prepared cost Boston, MA 02110
estimates and timelines for investigation and remediation. United States of
• Directed the design, permitting, and construction of a cap for soils America
containing asbestos at an active manufacturing facility located
along the Neponset River in Massachusetts. The project was
located in a regulatory floodway and thus required negotiation
with the local conservation commission and Mass DEP to permit
and approve the work. Other phases of work which have been
completed include the remediation of LNAPL which was seeping
into the adjacent river and removal of the hydrocarbon impacted
sediments from the river bottom.
• Served as project manager, community outreach, and
construction manager for several manufactured gas plant sites.
The sites were located in dense urban neighborhoods with
approximately 400 homes constructed within the footprint.
Coordinated with homeowners to develop access agreements
which would allow investigation and if necessary, remediation of
their property. Managed delineation / characterization of
groundwater source areas, investigation of soil and soil vapor on
public and private property, preparation of design plans, and
remediation and excavation of soils.
1/1
LIS THOMAS
Managing Consultant, Ann Arbor, Michigan
Office
Lis Thomas is an EHS professional with over 15 years of experience in environmental assessment,
regulatory compliance, auditing, and sustainability. Lis has particular knowledge of organics recycling,
climate change mitigation/adaptation, urban ecosystems, soil assessment,
stormwater management and native/invasive plant communities.
Lis has also designed and delivered training programs on environmental,
sustainability, and health and safety topics. These programs have included
multiple in-depth certificate programs. Lis has also worked closely with
interdisciplinary teams including NGOs, governmental organizations, and
citizen stakeholder groups to develop programming and initiatives for
major urban greening projects.
SUSTAINABILITY PROJECT EXAMPLES
• Provided oversight of hazardous waste storage, on-site generation,
and disposition for auto facility with 15,000 on-site employees. Also
managed non-hazardous waste and recycling programs and developed
initiatives to improve/implement grease, cardboard, and organics
recycling from the site.
• Led Kaizen hazardous waste reduction event resulting in
process changes that significantly reduced hazardous waste CONTACT INFORMATION
volume, increased plastics recycling, and provided $591K in Lis Thomas
annual hazardous waste disposal cost savings.
• Provided research, development, and implementation for SPEC [email protected]
Urban Farmer Field School, the Brooklyn Urban Gardener +1 (734) 761-0201
certificate program, and NYC Farm School, adult education
programs promoting techniques for climate change adaptation Ramboll
and mitigation in urban agriculture. 2090 Commonwealth Blvd.
• Conducted soil testing for trace metals and toxicity assessments Ann Arbor, MI 48105
in a variety of urban and industrial soils. United States of America
• Partnered with Detroit Green Task Force and business
stakeholders to develop specific regulatory guidelines for urban
commercial composting facilities.
• While at Brooklyn Botanic Garden, worked on public
partnerships to implement street tree stewardship and
education (Million Trees NYC), municipal composting programs
(Brooklyn Compost Project, NYC Compost Project), and storm
water infrastructure improvements to address CSO (SWIM).
ENVIRONMENTAL AND SAFETY-RELATED PROJECT EXAMPLES
• Planned, designed, and led numerous training sessions on
environmental and safety topics including stormwater
management, industrial hygiene, HAZWOPER refresher training,
mercury awareness, HazCom, Process Safety Management,
emergency action plans, etc.
• Authored work instructions, SOPs, hazardous waste
management plans, stormwater pollution prevention plans,
emergency action plans and maps for various clients. Performed
industrial hygiene testing, risk assessments, and notifications.
8/22 CV, LIS THOMAS
Scott Stolz
Mr. Stolz has over ten years of professional experience as a Geographic
Information System Specialist, Environmental Scientist and geospatial data
analyst. Mr. Stolz has provided GIS, database, GPS, CAD and fieldwork
support on a wide variety of projects. He is skilled in geodatabase
management, environmental data management, CAD to GIS data
conversion, and creation of high-quality map products. Geospatial data
management experience includes design, implementation and production
support activities for relational database management systems including
Esri ArcCatalog geodatabases, MS Access and EnviroData software.
PROJECTS PROJECT ASSIGNMENT
Crawford Manufactured Gas Plant Site Remediation, Chicago, IL Mapping/Data
Ramboll led planning and remedial design services related to Time Critical
SPECIAL COMPETENCIES
Removal Actions (TCRA) in two areas of the site to address MGP source
• Geographic Information
material. Provided mapping support and data analysis to achieve Systems (GIS)
remediation objectives. Coordinated with field support staff to deliver real- • GPS Technology
time mapping visualizations to adapt to site conditions to achieve desired • Relational Database
results. Provided mapping support for remedial investigation of the site by Management Systems
producing over 100 figures showing past and current site conditions; TOTAL YEARS OF EXPERIENCE
analytical results in soil, groundwater, and soil gas samples; groundwater 10
conditions; remedial actions; and risk-based feasibility figures. The
EDUCATION
Crawford site is one of the largest former MGP sites in Chicago (260 acres)
BS, Geography/Geographic
and represents a >$100 million remediation program. Information Sciences and
Division Street Station Manufactured Gas Plant Site Remediation, Environmental and Land Use
Chicago, IL Planning
Ramboll led planning and remedial design services related to Time Critical COURSES/CERTIFICATIONS
Removal Actions (TCRA) across the site to address MGP source material. 8-Hour OSHA HAZWOPER
Provided mapping support and data analysis to achieve remediation Refresher Training
objectives. Coordinated with field support staff to deliver real-time 40-Hour OSHA Health & Safety
mapping visualizations to adapt to site conditions to achieve desired Training for Hazardous Waste
Operations
results. Maintained detailed records of all samples collected during the
removal actions, tracked the exact remedial action areas, and updated
databases to reflect current site conditions. Managed GPS data collected
daily to produce real-time figures for changes in scope and design.
New Jersey Offshore Wind Strategic Plan, New Jersey
The New Jersey Board of Public Utilities (NJ BPU) selected Ramboll to
coordinate and facilitate the development of the State’s Offshore Wind
(OSW) Strategic Plan. Ramboll led a multidisiplinary team. Mr. Stolz led
the GIS efforts to conduct a detailed environmental and natural resource
assessment examining a multitude of factors for consideration. Among
them, a weighted sum average was conducted on a variety of specie
groups to determine a relative susceptibility for the designated lease areas.
Hundreds of maps were produced with the analysis and factored in to the
development of Offshore Wind off of the coast of New Jersey.
1/1 CV, SCOTT STOLZ
ATTACHMENT C
RAMBOLL ORGANIZATIONAL CHART
City of Muskegon
Dan VanderHeide
Project Director
Environmental Consultant Jay Karls, PhD, PE
Travis Hinman Project Manager
Dusty Tazelaar
GIS Specialist Managing Ecologist
Scott Stolz Lis Thomas
Subcontractors
Westshore Environmental (Surveyor)
Carlson Appraising Company (Appraiser)
The Mannik & Smith Group, Inc. (SHPO)
TBD (Yellow Book Appraisal Reviewer)
ATTACHMENT D
BUSINESS TERMS AND CONDITIONS
RAMBOLL AMERICAS ENGINEERING SOLUTIONS, INC.
STANDARD SERVICE TERMS AND CONDITIONS
1. Definitions. As and when used in this Agreement, 5. Status. Except as otherwise provided in this
each of the following terms shall have the meaning set Agreement, RAMBOLL shall perform the Services as an
forth below: independent contractor and shall have sole control over
a) Agreement shall mean this Proposal, including the the employment, assignment, discharge and
following: Letters of Authorization or the job specific compensation of its employees. RAMBOLL shall be
terms on the face of any Purchase or Change Order solely responsible for complying with all applicable,
and the other Exhibits incorporated in this Proposal. federal, state and local employment, wage, tax, and
insurance laws and licensing requirements.
b) Law shall mean federal, state, local and other
jurisdictional statutes, laws, ordinances, rules, 6. Standard of Care. RAMBOLL agrees to correct or re-
regulations, and codes applicable to Services. perform, without additional cost to Client, any Service
c) Losses shall mean monetary damages suffered or not performed in accordance with the professional
costs and expenses incurred, including interest and standard of care prevailing at the time and in the place
reasonable attorney's fees, as a result of any where such Service is performed. Client acknowledges
demand made, cause of action asserted, judgment that scientific, medical, and health and safety
or decree entered, or any fine or penalty imposed, or knowledge and expertise is always evolving, and that
any settlement payment consented to by both RAMBOLL’s work, conclusions and opinions cannot fully
parties in connection with this Agreement. anticipate or take into account changes in knowledge or
expertise that develop after the Services are performed.
d) RAMBOLL shall mean the Ramboll company issuing The services and all deliverables are rendered based on
the Proposal, Ramboll Americas Engineering the specific circumstances and conditions described in
Solutions, Inc., unless otherwise stated in the RAMBOLL’s Proposal and are intended for use by the
Proposal. Client only in connection with the purpose set forth in
e) Project shall mean the overall work to be the Proposal. RAMBOLL disclaims all warranties relating
performed, including Services to be performed by to any other use and Client shall indemnify, defend and
RAMBOLL or others on behalf of Client at or in hold harmless RAMBOLL against any and all losses
connection with project site(s). relating to such other use.
f) Reimbursable Expenses shall mean the expenses 7. Third Parties. The Services including, without
reasonably incurred by RAMBOLL, its agents and limitation, related communications and
subcontractors in performing Services, including, but deliverables/work product, and the contents of such
not limited to, materials, supplies, use of specialized communications and deliverables/work product, are
equipment, travel and subsistence costs, including solely for Client’s benefit and may not be relied upon by
mileage, cellular and non-local telephone and other or disclosed to any third party without RAMBOLL’s
communication charges, express delivery, postage express written consent. In addition, Client shall not
and freight charges, word processing, computer attribute any statement to RAMBOLL without RAMBOLL’s
processing and reproduction and printing charges express written consent. RAMBOLL shall be entitled to
required in providing Services, and technical services injunctive relief preventing/prohibiting any disclosure or
by others, plus permit fees, taxes, charges and attribution prohibited hereunder, and Client shall
assessments on Services (unless specifically included release, indemnify, defend and hold harmless the
in the Scope of Services). RAMBOLL from any and all losses arising from or related
g) Services shall mean the professional, technical and to such unauthorized disclosure or attribution.
other consulting services, work or tasks to be
performed by RAMBOLL and its subcontractors as 8. Insurance. Throughout the term of this Agreement,
described in the Proposal. RAMBOLL shall maintain insurance in amounts not less
than shown:
2. Changes in Scope. Client shall have the right within
a) Worker's Statutory amount
the general purpose and intent of the Project to change,
Compensation where Services are
add or delete items from Services in writing and subject
performed
only to the agreement of RAMBOLL with respect to the
effect on cost and schedule. b) Automobile $1,000,000
c) General Liability $1,000,000
3. Payment. Payment of RAMBOLL’s monthly invoice shall d) Professional
be due upon receipt. Balances more than thirty (30) $1,000,000
Liability
days past due shall accrue interest at the rate of 1% per e) Excess Umbrella $3,000,000 on "b" & "c"
month or part thereof until paid.
4. Term. Unless otherwise provided in this Agreement, Client agrees to require all third parties engaged by or
the Term hereof shall be from the date this Agreement through Client in connection with the Project to provide
is signed by both Client and RAMBOLL until the RAMBOLL with current Certificates of Insurance
obligations imposed hereunder are fully satisfied or this endorsed to include RAMBOLL as an additional insured
Agreement is otherwise terminated. All Services shall on their "b," "c" and "e" policies of insurance and
be deemed to have been performed during the Term authorizes RAMBOLL to enforce this provision directly
hereof. with all Project related third-parties.
REV: 9/2022 | PAGE 1
9. Compliance with Law. RAMBOLL shall comply with all a) maintain a designated representative, who shall be
Law applicable to Services, including federal and state reasonably available to meet with RAMBOLL on
Equal Opportunity Laws, orders and regulations, and Client's behalf;
further, RAMBOLL shall not discriminate against any b) provide RAMBOLL with all relevant Project related
employee or applicant for employment on the basis of data available to Client, and unless otherwise
race, color, religion, sex, sexual orientation, gender provided in the Scope of Services, Client shall
identity, national origin, age, physical and mental provide RAMBOLL with accurate, current land
disability, or veteran status. surveys showing the location of on-site utilities and
RAMBOLL will not provide development, design, subsurface structures, test boring logs and other
manufacture, assembly, testing, maintenance, repairs, subsurface information necessary for performance of
instruction, advice, training, transmission of know-how, Services;
or consulting services in relation to projects involving c) provide all negotiation for, and acquisition of, lands,
items that are subject to applicable legal trade rights-of-way and easements required for
restrictions including restrictions on items that performance of Services;
originated in Russia or Belarus or that have been d) arrange for access, entry and use of property of
exported from Russia or Belarus (as such restrictions Client (including utilities thereon) and others, as and
are amended from time to time). Client therefore when reasonably required by RAMBOLL for
represents and warrants that the project will not require performance of Services.
RAMBOLL to provide any of the services set out above,
or any other technical services, in relation to these 13. Additional Cost or Delay. RAMBOLL shall not be
items. RAMBOLL may terminate this Agreement responsible or liable for delay or additional Project cost
immediately on written notice if RAMBOLL has cause to resulting from:
suspect that the Project may involve any services a) the lack or insufficiency of performance by any
relating to any of the above items. Client shall indemnify person or entity not selected by, engaged by, and
RAMBOLL against all liabilities, costs, expenses, responsible to RAMBOLL,
damages and losses (including but not limited to any b) changes, delays or additional Services not
direct, indirect or consequential losses, loss of profit, necessitated by the acts or omissions of RAMBOLL,
loss of reputation and all interest, penalties and legal
c) unreasonable or repeated delay in response to
costs and all other professional costs and expenses)
requests, applications or reviews by Client or third
suffered or incurred by RAMBOLL arising out of a breach
parties.
of this warranty and/or a termination by RAMBOLL. In
such circumstances RAMBOLL shall be entitled to invoice d) damage to underground utilities or structures not
the Client, and to be paid, in respect of all work carried accurately located on plans, maps or figures
out and all expenses incurred by RAMBOLL up to and furnished to RAMBOLL.
including the date of notice of termination. Moreover, in 14. Change in Law. Client shall bear the cost of any
such circumstances RAMBOLL has no liability towards material change in or addition to Services resulting from
the Client. a change in Law or interpretation effective after the date
10. Confidentiality. Except when 1) authorized by Client of this Agreement.
in writing, 2) previously and independently known, 3) 15. Force Majeure. RAMBOLL, and its affiliates, shall not
subsequently published through no fault of RAMBOLL or be liable in any way because of any delay or failure in
4) lawfully obtained from a third party having performance due to circumstances or causes beyond its
independent knowledge, RAMBOLL shall treat as control, which shall be deemed to include without
confidential all information obtained from Client. limitation strike, lockout, embargo, epidemic, pandemic,
RAMBOLL shall provide Client with reasonable notice of or other outbreak of disease, quarantine restrictions,
and an opportunity to legally resist any effort by a third riot, war, act of terrorism, cyber-attack, flood, fire, act
party to obtain disclosure of confidential information. of God, act of the federal or state government, accident,
RAMBOLL shall be permitted to comply with any judicial failure or breakdown of components necessary to order
order. Client information marked confidential shall be completion, Client, subcontractor or supplier delay or
returned to Client at the conclusion of Services. non-performance, inability to obtain or shortages in
11. Patents. Patentable ideas, products, equipment, labor, materials, protective gear, other supplies or
materials or processes ("Ideas") developed, in whole or manufacturing facilities, compliance with any Law, or
in part, with proprietary information or assistance of circumstances or conditions which in the discretion of
Client shall be the property of Client; provided, RAMBOLL may pose a material risk to the health or
however, that RAMBOLL shall have an unlimited, royalty safety of the employees of RAMBOLL, its affiliates or
free, nonexclusive, nontransferable (other than to its subcontractors. In any such event, RAMBOLL shall give
successors), world-wide license for their use, prompt notice to Client of the event or circumstance and
reproduction, manufacture and sale. Ideas developed by RAMBOLL will be entitled to an equitable adjustment in
RAMBOLL during or as part of its performance of the the time for performance of the Services and to
Services which do not depend on proprietary equitable compensation from Client for the time
information or assistance provided by Client shall be the expended and expenses incurred by RAMBOLL with
property of RAMBOLL; provided, however, that Client respect to the Project.
shall have an unlimited, royalty free, nonexclusive, 16. Other Use of Results. Client acknowledges that
nontransferable license for their use by and for Client. deliverable documents, drawings and data in whatever
12. Client Responsibilities. Client shall on a continuing form (“Documents”) produced directly or indirectly
basis throughout the term of this Agreement: through the efforts of RAMBOLL in performing Services
and any analyses, recommendations, or conclusions
("Results") they contain are based upon the specific
REV: 9/2022 | PAGE 2
circumstances and conditions of the Project and are other prompt written notice of the specific subject(s)
intended solely for use by Client in connection with the and/or circumstance(s) in Dispute. If the Dispute is not
Project. resolved to the mutual satisfaction of the parties within
Any change or other than agreed upon use of ten (10) days of receiving notice, either party may
Documents or Results shall be at the sole risk of Client. request mediation. Mediation shall be 1) by a qualified,
Regardless of when delivered, Documents and Results experienced mediator agreeable to both parties as
shall become the property of Client upon RAMBOLL’s supplied by the American Arbitration Association,
receipt of payment. Client agrees to defend, indemnify Endispute, Inc., or other mutually agreeable source, 2)
at the earliest available date of the mediator, and 3) in
and hold harmless RAMBOLL from and against any and
the major city closest to the Project site where
all Losses arising from Client’s direct or indirect use of
RAMBOLL’s Services are performed or as otherwise
Documents or Results, other than in connection with
agreed by the parties. The cost of mediation services
Project.
shall be shared equally by the parties.
17. Suspension of Services.
22. Termination. Either party shall have the right to
a) Client shall have the right to suspend all or part of terminate this Agreement without cause upon thirty
the Services, provided, Client gives RAMBOLL at (30) days' notice.
least seven (7) days' notice of the dates each
suspension is to begin and end. In the event Client 23. Modification. This Agreement shall not be modified or
suspends Services for period(s) totaling more than replaced, in whole or in part, except by written
ninety (90) days, Client agrees to pay reasonable amendment signed by both parties.
costs incurred by RAMBOLL in (i) preserving and 24. Notice. All notices shall be given to the other party in
documenting Services performed or in progress, and writing by hand delivery, by express service providing
(ii) demobilizing and remobilizing Services. proof of delivery, by facsimile transmission and/or by
b) In the event Client does not make timely payment of registered mail, postage paid, return receipt requested,
the invoiced amounts as provided herein, RAMBOLL at the address appearing on the first page of this
shall in addition to its other rights, have the right, Agreement or such other address as the parties shall
upon seven (7) days' notice, to suspend performance from time to time give notice.
of all or part of the Services until (i) all past due 25. Interpretation. This Agreement shall be interpreted
amounts are paid, and (ii) satisfactory assurance of and enforced in accordance with the Laws of the State
prompt future payment is received. of New York except for its choice of law rules.
18. Indemnification. 26. Severability. If any provision of this Agreement is
a) Subject to paragraph 20 of these Standard Service determined or declared by a court of competent
Terms & Conditions, RAMBOLL agrees to defend, jurisdiction to be invalid or otherwise unenforceable, all
indemnify and hold harmless Client, its directors, remaining provisions of this Agreement shall be
officers, employees, agents, successors and assigns unaffected and shall be interpreted so as to give the
from Losses to the extent and in the proportion fullest practicable effect to the original intent of the
caused by the willful misconduct or negligent acts, parties.
errors or omissions of RAMBOLL, its directors, 27. Waiver. Unless otherwise agreed in writing, neither
officers, employees, and its agents, subcontractors, party's waiver of the other's breach of any term or
successors and assigns. condition contained in this Agreement shall be deemed a
b) To the extent and in the proportion not caused by waiver of any subsequent breach of the same or any
the willful misconduct or negligent acts, errors or other term or condition of this Agreement.
omissions of RAMBOLL, its directors, officers, 28. Integration. This Agreement shall constitute the entire
employees or its agents, subcontractors, successors agreement between the parties. There are no
and assigns, Client agrees to defend, indemnify and representations or other agreements, oral or written,
hold said persons harmless from Losses arising in between the parties other than as set forth in this
connection with Project. Agreement.
19. Limitation of Damages. The parties waive any right
they may have at law or in equity to demand or receive
consequential or punitive damages.
20. Liability. The maximum liability of RAMBOLL, its
directors, officers, employees and its agents,
subcontractors, successors and assigns to Client
pursuant to this Agreement, including paragraphs 6
and/or 18a of these Standard Service Terms &
Conditions, shall be limited to Five (5) times the
Agreement amount, but in no event more than
$1,000,000.
21. Mediation of Disputes. The parties agree to make a
good faith effort to resolve any controversy, dispute or
claim arising out of, or related to, this Agreement
("Dispute") by the use of alternative dispute resolution
procedures provided herein, prior to, and as a condition
of, commencing any action or proceeding at law or in
equity. Specifically, each party agrees to provide the
REV: 9/2022 | PAGE 3
ATTACHMENT E
INSURANCE REQUIREMENTS
INSURANCE REQUIRMENTS
The Consultant will be required to comply with the following insurance and indemnity
requirements BEFORE ANY AGREEMENTS CAN BE EXECUTED:
a. Hold Harmless Agreements: To the fullest extent permitted by law, Consultant agrees to
defend, pay on behalf of, indemnify, and hold harmless the City, its elected and appointed
officials, and employees, volunteers and others working on behalf of the City against any
and all claims, demands, suits, or loss, including any court costs connected therewith, and
for any damages which may be asserted, claimed or recovered against or from the City, its
elected and appointed officials, and employees, volunteers, or others working on behalf of
the City, by reason of personal injury, including bodily injury and death, property damage,
including loss of use thereof, and/or the effects of or release of toxic and/or hazardous
material which arises to the extent arising out of or is in any way connected or associated
the negligent acts or omissions or willful misconduct of Consultant in the performance of
Services under with this contract. The obligation to defend and hold harmless extends to
Consultant’s employees, agents, subcontractors, assigns and successors.
b. Consultant Insurance Requirements: Consultant shall not commence work under this
contract until obtaining the insurance required under this paragraph. All coverage shall be
with insurance companies licensed and admitted to do business in the State of Michigan
and Best Rated A VIII. All coverage shall be with insurance carriers acceptable to the City.
.
c. Workers' Compensation Insurance: The Consultant shall procure and maintain during the
life of this contract, Workers' Compensation Insurance, including Employer's Liability
coverage, in accordance with all applicable Statutes of the State of Michigan.
d. General Liability Insurance: The Consultant shall procure and maintain during the life of
this contract, commercial General Liability Insurance on an "Occurrence Basis" with limits
of liability not less than $500,000 per occurrence and/or aggregate combined single limit,
Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following
extensions: (a) Contractual Liability; (b) Products and Completed Operations; (c)
Independent Contractor's Coverage; (d) Broad Form General Liability Extensions or
equivalent.
e. Motor Vehicle Liability: The Consultant shall procure and maintain during the life of this
contract Motor Vehicle Liability Insurance, including Michigan no-fault coverage, with
limits of liability of not less than $500,000 per occurrence or combined single limit Bodily
Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned
vehicles and all hired vehicles.
14
f. Professional Liability Insurance: The Consultant shall procure and maintain during the life
of this contract and during the performance of all services Professional Liability Insurance
covering all performances from the beginning of the consultant's services on a "claims
made basis" and shall maintain coverage from commencement of this contract until six (6)
months following completion of the consultant's work with limits of liability not less than
$500,000 per claim.
g. Additional Insured: Commercial General Liability and Motor Vehicle Liability Insurance,
as described above, shall include an endorsement stating the following shall be "Additional
Insured": The CITY OF MUSKEGON, all elected and appointed officials, all employees
and volunteers, all boards, commissions and/or authorities and board members, including
employees and volunteers thereof.
h. Cancellation Notice: Workers' Compensation Insurance, General Liability Insurance,
Motor Vehicle Liability Insurance, and Professional Liability Insurance, as described
above, shall include an endorsement stating the following: "It is understood and agreed
that Thirty (30) Days Advance Written Notice of Cancellation, or Non-Renewal, Reduction
and/or Material Change shall be sent to: CITY OF MUSKEGON ENGINEERING
DEPARTMENT.
i. Proof of Insurance Coverage: The Consultant shall provide the City at the time the
contracts are returned by him for execution, certificates and policies as listed below:
1. Two (2) copies of Certificate of Insurance for Workers' Compensation Insurance
2. Two (2) copies of Certificate of Insurance for Commercial General Liability Insurance
3. Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance
4. Two (2) copies of Certificate of Insurance for Professional Liability Insurance
5. If so requested, certified copies of all policies mentioned above will be furnished.
If any of the above coverage expires during the term of this contract, the Consultant shall
deliver renewal certificates and/or policies to the City at least ten (10) days prior to the
expiration date.
15
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 24 2023 Title: Splash Pad Reconstruction Design
Submitted By: Kyle Karczewski Department: Parks & Recreation
Brief Summary: A request for staff to enter into a contract with Fleis & Vandenbrink for design of
the Spark grant-funded splash pad reconstruction.
Detailed Summary & Background: Proposing Firm Score
An RFP was released in accordance with MDNR rules for Fleis & Vandenbrink 84
design services for the Spark grant to hire a firm to design
MCSA 74
the splash pad. Staff has scored the 3 firms according to
a qualifications-based selection process outlines in the Water Ventures 43
RFP, and recommends Fleis & Vandenbrink based on the
scores shown. Some highlights of their proposal include having the most affordable design cost &
having a local office in Muskegon. The splash pad construction is planned for the spring of 2024.
Goal/Focus Area/Action Item Addressed: Enhanced Parks & Recreation Department Services
Amount Requested: $33,640 Budgeted Item:
Yes No N/A
Fund(s) or Account(s): 101-770 Budget Amendment Needed:
Yes No N/A
Recommended Motion: I move to authorize staff to enter into a contract with Fleis & Vandenbrink
for design of the Spark grant-funded splash pad reconstruction.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 24, 2023 Title: GameTime Playground Grant
Submitted By: Kyle Karczewski Department: Parks & Recreation
Brief Summary: A request to allow staff to enter into a contract with Sinclair Recreation for the
purchase of 4 new playgrounds for a total amount of $446,531.89. This includes the installation of
St. Joseph’s only.
Detailed Summary & Background:
Staff applied for and was selected for a GameTiime matching funds grant. The grant provides 100%
matching funds for the equipment portion of the purchase (essentially 50% off). Four parks were
proposed in the grant application: St. Joseph, Margaret Drake Elliot, Sheldon & McCrea. These parks
have playgrounds past their lifespan (one of which was already removed), and preliminary survey
results show the community supports new playground investments at these parks.
Staff engaged the community for help with the exact playgrounds and color selections with an online
survey and open house. The estimated installation for St. Joseph’s & Margaret Drake Elliot will be
spring 2024. Sheldon & McCrea installation dates are TBD due to Master Planning efforts and
working the playgrounds into new park improvements. Funds are proposed from the Parks budgeted
Capital Improvement funds via the convention center naming rights and parking fees.
Install fees: Due to the timeline, the only playground with removal & install fees is St. Joseph’s. This
playground was selected in early 2023 through the Neighborhood for a separate grant so there was
already information for this project. We will have to bid those services out, they typically run between
50k (EWF)-90k (rubber) per park depending on the surfacing selected.
Goal/Focus Area/Action Item Addressed: Enhanced Parks & Recreation Department Services
Amount Requested: $446,531.89 Budgeted Item:
Yes No N/A
Fund(s) or Account(s): General: $311,531.89 Budget Amendment Needed:
Public Improvement: $135,000 Yes No N/A
Recommended Motion: I move approval for staff to enter into a contract with Sinclair Recreation for
the purchase of 4 new playgrounds for a total amount of $446,531.89
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
GameTime c/o Sinclair Recreation 10/16/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-02
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - Margaret Drake Elliot Park
City of Muskegon Ship to Zip 49442
Attn: Kyle Karczewski
PO BOX 536
MUSKEGON, MI 49443-0536
[email protected]
Quantity Part # Description Unit Price Amount
Margaret Drake Elliot
1 RDU GameTime - Grant Eligible Fall Creek Components $141,322.00 $141,322.00
(2) 16701 -- Ada 49"Tri Punch Steel Dk
(6) 39012 -- Tot'S Leaf
(4) 80001 -- 49"Tri Punched Steel Deck
(2) 80082 -- Slide Transfer
(6) 80198 -- Conifer Post Topper
(1) 80612 -- Deck Curb
(2) 80687 -- Handhold/Kick Plate Pkg
(1) 80691 -- 90 Deg Caterpillar Attach
(1) 81488 -- Shoriz Loop Lad Link 98
(1) 81666 -- Fun Seat
(1) 81669 -- Hand Cycler
(1) 81670 -- Crunch Bar
(1) 81681 -- Turning Bar
(1) 81699 -- Bongos
(2) 90005 -- Two Piece Hex Deck, Ada Ramp Access
(1) 90058 -- 6' Cosmix Climber
(2) 90174 -- Flower Talk Tube Gr Lvl Attach (2-5)
(2) 90207 -- Overhead Ladder Access Package
(2) 90264 -- 6' Upright, Alum
(1) 90265 -- 7' Upright, Alum
(3) 90268 -- 10' Upright, Alum
(2) 90269 -- 11' Upright, Alum
(2) 90270 -- 12' Upright, Alum
(2) 90272 -- 14' Upright, Alum
(5) 90273 -- 15' Upright, Alum
(1) 90288 -- 2' Straight Tube Slide, 30" Dia
(1) 90296 -- 4'-6"/5' Wavy Tree Climber
(1) 90317 -- Toad Stool Climber
(1) 90429 -- Ada Crow'S Nest Molded Steer Wheel
Page 1 of 4
GameTime c/o Sinclair Recreation 10/16/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-02
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - Margaret Drake Elliot Park
Quantity Part # Description Unit Price Amount
(1) 90505 -- 5' Single Zip Slide
(1) 90507 -- 2'-6"/3' Rumble & Roll Zip Slide
(1) 90525 -- Half Panel W/Thunderring
(1) 90545 -- 4' Wave Climber
(1) 90546 -- Climber Archway W/D-Ring & Barrier
(1) 90673 -- Ramp (Guardrail)
(1) 90674 -- Std Access Ramp Link 3 Dk Gr
(1) 90715 -- Twist Ball Run-Gadget Pnl Above Dk
(1) 90840 -- Xcelerator
(1) 91097 -- 4'/5' Double Bubble Climber
(1) 91146 -- Entryway - Guardrail
(1) 91149 -- Enclosure - Timbers (Above Deck)
(2) 91150 -- Entryway - Timbers
(2) 91151 -- Climber Entryway - Timbers
(1) 91182 -- 5' 0" Plank Climber - Timbers
(1) 91200 -- 1' 0" Transfer System - Timbers
(1) 91209 -- Climber Entryway - Barrier
(2) 91219 -- Slant Hex Roof - Timbers
(1) 91333 -- Climber Offset Entryway (Timbers)
(1) 91378 -- PS S Wave Up & On LNK (4'-4'6)
(2) 91457 -- Sensory Wave Entryway
(1) 91563 -- Flower Spinner Half Panel
(4) G90262 -- 4' Upright, Galv
(1) G90268 -- 10' Upright, Galv
(5) G90269 -- 11' Upright, Galv
(1) G90270 -- 12' Upright, Galv
(2) G90272 -- 14' Upright, Galv
1 RDU GameTime - Non Grant Eligible Components $3,641.00 $3,641.00
(1) 564 -- Curved Balance Beam
(1) 3274 -- Sensory Wave Seat
1 RDU GameTime - Swings with Seats $7,374.00 $7,374.00
(1) 26119 -- Ada Xscape Swing
(2) 26120 -- Ada Xscape Swing Add-A-Bay
(4) SS8910 -- Belt Seat 3 1/2" /8' W/Clevis
Page 2 of 4
GameTime c/o Sinclair Recreation 10/16/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-02
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - Margaret Drake Elliot Park
Quantity Part # Description Unit Price Amount
(1) SS8696 -- Encl Tot Seat 3 1/2"/8' High W/Clevis
(1) SS8558 -- 3 1/2" Zero-G Chair (5-12)-Stainless
Contract: OMNIA #2017001134 Sub Total $152,337.00
Grant ($71,768.61)
Freight $2,600.00
Total $83,168.39
Comments
SUPPLY ONLY
Matching Grant Funds are available until October 27th, 2023 at 12PM EST or until Grant funds
are no longer available. Approved grant application is required. In order to receive full grant
funding, a check of $83,168.39 must be received at the time of order.
This quotation is subject to policies in the current GameTime Playground Catalog and the following terms and conditions. Our
quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price
adjustment. Purchases to be supported by your written purchase order made out to GAMETIME C/O SINCLAIR
RECREATION. A 2.5% PROCESSING FEE WILL BE ADDED T O ALL ORDERS PAID VIA CREDIT CARD.
Pricing: f.o.b. factory, firm for 30 days from date of quotation unless otherwise noted on quotation. Sales tax will be added at
time of invoicing unless a tax exemption certificate is provided at time of order entry.
Shipment: Order shall ship within 10-14 weeks after GameTime's receipt and acceptance of your purchase order, color
selections, approved submittals, and receipt of deposit, if required.
NOTE: To qualify for the GameTime Grant, you must complete the application form for pre-approval. Upon approval, a Partial
Matching Grant (reflected in the pricing shown above) is good toward the purchase of a new Powerscape, PrimeTime, XScape
or Ionix Structure only. The order MUST be received no later than October 27th, with full payment to allow for processing, and
your order will ship within 8-12 weeks from date of order placement. The Grant does not apply toward Freight, Freestanding
Items, Surfacing or Installation. To qualify for the matching grant amount shown above, a check for the full amount MUST
accompany your order.
Submittals: Our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may
exist between our quotation and the project design, the differences do not materially affect the intended use. GameTime
designs and specifications are unique and not intended to be identical in all respects to other manufacturers. We shall submit
for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied
by specifications describing materials. Once approved, these drawings and specifications shall constitute the final documents
for the project and shall take precedence over all other requirements.
Exclusions: Unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment;
acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety
surfacing; borders, drainage provisions, or any local/municipal permits or paperwork that may be required.
Page 3 of 4
GameTime c/o Sinclair Recreation 10/16/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-02
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - Margaret Drake Elliot Park
Acceptance of quotation:
Accepted By (printed): ______________________________ P.O. No: ______________________________________
Please make P.O.s out to GameT ime C/O Sinclair Recreation
Signature: ___________________________________________
Title: ________________________________________________ Date: ________________________________________
Facsimile: ____________________________________________ Phone: _______________________________________
Email: _______________________________________________ Purchase Amount: $83,168.39
REQUIRED ORDER INFORMATION:
Bill To: _______________________________________________ Ship To: ____________________________________
Contact: _____________________________________________ Contact: _____________________________________
Address: _____________________________________________ Address: _____________________________________
Address: _____________________________________________ Address: _____________________________________
City, State, Zip: _______________________________________ City, State, Zip: ___________________________________
Tel: ___________________________________________________ Tel: ________________________________________
(For Accounts Payable) (To call before delivery)
Email: ________________________________________________ Email: _______________________________________
COLOR SELECTIONS: _______________________________________________________________________________________
SALES TAX EXEMPTION CERTIFICATE #: ____________________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE)
NOTE: IF INSTALLATION IS BEING QUOTED, THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH FELT,
PEASTONE, SURFACING, OR WOODCHIPS. PRICING VALID FOR 30 DAYS FROM THE DATE OF QUOTATION UNLESS OTHERWISE
NOTED. ANY MODIFICATIONS TO AN ACCEPTED QUOTATION MUST BE DOCUMENTED IN WRITING OR WITH A NEW OR SEPARATE
QUOTE. VERBAL MODIFICATIONS TO PREVIOUSLY SIGNED QUOTES WILL NOT BE ACCEPTED.
Page 4 of 4
Muskegon - Margaret Drake Elliot Park (A)
Palette: Riptide
2-Color HDPE Accent Accent 2 Arch
Orange/White Azure Orange Azure
(YX) (OR) (YX)
Basic Deck HDPE Roof
Sea Mist Blue Orange Sky Blue
(ZK) (BL) (OR) (SB)
Rotoplastic Tube
Sky Blue Sky Blue
(SB) (SB)
Muskegon - Margaret Drake Elliot Park (B)
Palette: Riptide
2-Color HDPE Accent Accent 2 Arch
Orange/White Azure Orange Azure
(YX) (OR) (YX)
Basic Deck HDPE Roof
Sea Mist Blue Orange Sky Blue
(ZK) (BL) (OR) (SB)
Rotoplastic Tube
Sky Blue Sky Blue
(SB) (SB)
Muskegon - Sheldon Park (A)
Palette: Watermelon
2-Color HDPE Accent Accent 2 Arch
Spring Green/White Chartreuse Red Chartreuse
(YQ) (78) (YQ)
Basic Basic 2 Deck HDPE
White White Blue Green
(8) (8) (BL) (5)
HDPE 2 Roof Roof 2 Rotoplastic
Spring Green Red Red Red
(SG) (78) (78) (78)
Skywheel Tube
Chartreuse Red
(YQ) (78)
Muskegon - Sheldon Park (B)
Palette: Watermelon
2-Color HDPE Accent Accent 2 Arch
Spring Green/White Chartreuse Red Chartreuse
(YQ) (78) (YQ)
Basic Basic 2 Deck HDPE
White White Blue Green
(8) (8) (BL) (5)
HDPE 2 Roof Roof 2 Rotoplastic
Spring Green Red Red Red
(SG) (78) (78) (78)
Skywheel Tube
Chartreuse Red
(YQ) (78)
Muskegon - Sheldon Park (A)
Palette: Popsicle
2-Color HDPE Accent Accent 2 Arch
Gray/Black Azure Bronze Azure
(YX) (BZ) (YX)
Basic Basic 2 Deck HDPE
Vanilla Bronze Chocolate Dolphin Gray
(YJ) (BZ) (4) (DY)
HDPE 2 Roof Roof 2 Rotoplastic
Black Burgundy Champagne Burgundy
(1) (BY) (BJ) (BY)
Skywheel Tube
Burgundy Burgundy
(BY) (BY)
Muskegon - Sheldon Park (B)
Palette: Popsicle
2-Color HDPE Accent Accent 2 Arch
Gray/Black Azure Bronze Azure
(YX) (BZ) (YX)
Basic Basic 2 Deck HDPE
Vanilla Bronze Chocolate Dolphin Gray
(YJ) (BZ) (4) (DY)
HDPE 2 Roof Roof 2 Rotoplastic
Black Burgundy Champagne Burgundy
(1) (BY) (BJ) (BY)
Skywheel Tube
Burgundy Burgundy
(BY) (BY)
Muskegon - McCrae Park (A)
Palette: Macaw
2-Color HDPE Accent Arch Basic
Sky Blue/White Chartreuse Chartreuse Orange
(YQ) (YQ) (OR)
Deck HDPE Netting Rock Plastic
Blue Sky Blue Sky Blue Deep Granite
(BL) (SB) (SB) (DG)
Roof Roof 2 Rotoplastic Tube
Yellow Yellow Red Red
(92) (92) (78) (78)
Universal Plastic
Deep Granite
(DG)
Muskegon - McCrae Park (B)
Palette: Macaw
2-Color HDPE Accent Arch Basic Deck
Sky Blue/White Chartreuse Chartreuse Orange Blue
(S1) (YQ) (YQ) (OR) (BL)
HDPE Netting Rock Plastic Roof Roof 2
Sky Blue Sky Blue Deep Granite Yellow Yellow
(SB) (SB) (DG) (92) (92)
Rotoplastic Tube Universal Plastic
Red Red Deep Granite
(78) (78) (DG)
GameTime c/o Sinclair Recreation 10/13/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-01
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - Margaret Drake Elliot, Sheldon, McCrae -
Grant Check with Order
City of Muskegon Ship to Zip 49442
Attn: Kyle Karczewski
PO BOX 536
MUSKEGON, MI 49443-0536
[email protected]
Quantity Part # Description Unit Price Amount
Margaret Drake Elliot
1 RDU GameTime - Grant Eligible Fall Creek Components $141,322.00 $141,322.00
(2) 16701 -- Ada 49"Tri Punch Steel Dk
(6) 39012 -- Tot'S Leaf
(4) 80001 -- 49"Tri Punched Steel Deck
(2) 80082 -- Slide Transfer
(6) 80198 -- Conifer Post Topper
(1) 80612 -- Deck Curb
(2) 80687 -- Handhold/Kick Plate Pkg
(1) 80691 -- 90 Deg Caterpillar Attach
(1) 81488 -- Shoriz Loop Lad Link 98
(1) 81666 -- Fun Seat
(1) 81669 -- Hand Cycler
(1) 81670 -- Crunch Bar
(1) 81681 -- Turning Bar
(1) 81699 -- Bongos
(2) 90005 -- Two Piece Hex Deck, Ada Ramp Access
(1) 90058 -- 6' Cosmix Climber
(2) 90174 -- Flower Talk Tube Gr Lvl Attach (2-5)
(2) 90207 -- Overhead Ladder Access Package
(2) 90264 -- 6' Upright, Alum
(1) 90265 -- 7' Upright, Alum
(3) 90268 -- 10' Upright, Alum
(2) 90269 -- 11' Upright, Alum
(2) 90270 -- 12' Upright, Alum
(2) 90272 -- 14' Upright, Alum
(5) 90273 -- 15' Upright, Alum
(1) 90288 -- 2' Straight Tube Slide, 30" Dia
(1) 90296 -- 4'-6"/5' Wavy Tree Climber
Page 1 of 8
GameTime c/o Sinclair Recreation 10/13/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-01
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - Margaret Drake Elliot, Sheldon, McCrae -
Grant Check with Order
Quantity Part # Description Unit Price Amount
(1) 90317 -- Toad Stool Climber
(1) 90429 -- Ada Crow'S Nest Molded Steer Wheel
(1) 90505 -- 5' Single Zip Slide
(1) 90507 -- 2'-6"/3' Rumble & Roll Zip Slide
(1) 90525 -- Half Panel W/Thunderring
(1) 90545 -- 4' Wave Climber
(1) 90546 -- Climber Archway W/D-Ring & Barrier
(1) 90673 -- Ramp (Guardrail)
(1) 90674 -- Std Access Ramp Link 3 Dk Gr
(1) 90715 -- Twist Ball Run-Gadget Pnl Above Dk
(1) 90840 -- Xcelerator
(1) 91097 -- 4'/5' Double Bubble Climber
(1) 91146 -- Entryway - Guardrail
(1) 91149 -- Enclosure - Timbers (Above Deck)
(2) 91150 -- Entryway - Timbers
(2) 91151 -- Climber Entryway - Timbers
(1) 91182 -- 5' 0" Plank Climber - Timbers
(1) 91200 -- 1' 0" Transfer System - Timbers
(1) 91209 -- Climber Entryway - Barrier
(2) 91219 -- Slant Hex Roof - Timbers
(1) 91333 -- Climber Offset Entryway (Timbers)
(1) 91378 -- PS S Wave Up & On LNK (4'-4'6)
(2) 91457 -- Sensory Wave Entryway
(1) 91563 -- Flower Spinner Half Panel
(4) G90262 -- 4' Upright, Galv
(1) G90268 -- 10' Upright, Galv
(5) G90269 -- 11' Upright, Galv
(1) G90270 -- 12' Upright, Galv
(2) G90272 -- 14' Upright, Galv
1 RDU GameTime - Non Grant Eligible Components $3,641.00 $3,641.00
(1) 564 -- Curved Balance Beam
(1) 3274 -- Sensory Wave Seat
1 RDU GameTime - Swings with Seats $7,374.00 $7,374.00
Page 2 of 8
GameTime c/o Sinclair Recreation 10/13/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-01
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - Margaret Drake Elliot, Sheldon, McCrae -
Grant Check with Order
Quantity Part # Description Unit Price Amount
(1) 26119 -- Ada Xscape Swing
(2) 26120 -- Ada Xscape Swing Add-A-Bay
(4) SS8910 -- Belt Seat 3 1/2" /8' W/Clevis
(1) SS8696 -- Encl Tot Seat 3 1/2"/8' High W/Clevis
(1) SS8558 -- 3 1/2" Zero-G Chair (5-12)-Stainless
Sheldon
1 RDU GameTime - Swings with Seats $12,516.00 $12,516.00
(1) 12583 -- Ada Primetime Swing Frame, 3 1/2" Od
(4) 12584 -- Ada Primetime Swing Aab, 3 1/2" Od
(4) SS8910 -- Belt Seat 3 1/2" /8' W/Clevis
(2) SS8696 -- Encl Tot Seat 3 1/2"/8' High W/Clevis
(1) 5165 -- Expression Swing w Adaptive Seat 3 1/2
(1) SS8558 -- 3 1/2" Zero-G Chair (5-12)-Stainless
1 6202 GameTime - Mini Sky Runner (F/S) $2,237.00 $2,237.00
1 RDU GameTime - Grant Eligible Metamorphosis Components $22,140.00 $22,140.00
(1) 12023 -- 3 1/2" Uprt Ass'Y Alum 8'
(1) 12025 -- 3 1/2" Uprt Ass'Y Alum 10'
(6) 12069 -- 3 1/2"Uprt Ass'Y Alum 14'
(1) 12438 -- 24" Barrier
(6) 18201 -- 36" Tri Punched Deck P/T
(1) 18337 -- 36" Tri Transfer Platform
(1) 19001 -- Entry Way
(1) 19047 -- Tree (3; & 3'6")
(1) 19105 -- Clover Leaf (2' & 2'-6")
(1) 19121 -- Curved Zip Slide
(1) 19214 -- Rung Enclosure
(1) 19363 -- 3'-6"/4'-0" Zip Swerve Slide Right
(1) 19758 -- Umbra Hex roof
(6) 19762 -- Umbra Roof Plug
1 RDU GameTime - Non Grant Eligible Metamorphosis Components $22,689.00 $22,689.00
(1) 38003 -- Butterfly Net
(1) 38220 -- Flower Yellow Petals
(2) 38222 -- Flower Red Petals
Page 3 of 8
GameTime c/o Sinclair Recreation 10/13/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-01
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - Margaret Drake Elliot, Sheldon, McCrae -
Grant Check with Order
Quantity Part # Description Unit Price Amount
1 RDU GameTime - Bowman Unit $91,317.00 $91,317.00
(1) 13803 -- Ledge Climber
(1) 13808 -- Up Over and Around
(1) 13809 -- Get A Grip
(1) 13814 -- Leaning Ladders
(4) 80000 -- 49" Sq Punched Steel Deck
(1) 81468 -- Shoriz Ladder Link
(1) 81493 -- Rev 'S' Loop Ladder Link 98"
(1) 81587 -- Skywheel Attachment
(1) 81665 -- Seat And Table For Two
(1) 81669 -- Hand Cycler
(1) 81699 -- Bongos
(1) 90029 -- 3' Transfer Platform W/Barrier
(2) 90207 -- Overhead Ladder Access Package
(1) 90245 -- 5' & 5'-6" Chain Link Climber
(1) 90267 -- 9' Upright, Alum
(4) 90268 -- 10' Upright, Alum
(15) 90269 -- 11' Upright, Alum
(2) 90306 -- Climber Archway W/Socket & Barrier
(1) 90389 -- 2'-0" Overhead Climber Access Ladder
(1) 90391 -- 3'-0" Overhead Climber Access Ladder
(1) 90637 -- Tunnel Up
(1) 90639 -- Spiral Climber (5'-0" & 5'-6")
(1) 90701 -- Double Entrance Wilderslide Ii
(2) 90703 -- Straight Section Wilderslide Ii
(1) 90704 -- Left Curve Section Wilderslide Ii
(1) 90705 -- Right Curve Section Wilderslide Ii
(2) 90706 -- Exit Section Wilderslide Ii
(1) 90790 -- Sloped Funnel Climber Barrier (Dbl)
(1) 91097 -- 4'/5' Double Bubble Climber
(1) 91107 -- Coral Climber (3D) 5'-0"
(1) 91119 -- Play Port Bridge
(2) 91209 -- Climber Entryway - Barrier
Page 4 of 8
GameTime c/o Sinclair Recreation 10/13/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-01
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - Margaret Drake Elliot, Sheldon, McCrae -
Grant Check with Order
Quantity Part # Description Unit Price Amount
(2) 91535 -- Double Offset Archway
(2) G90268 -- 10' Upright, Galv
(1) G90269 -- 11' Upright, Galv
McCrae
1 RDU GameTime - Grant Eligible Forget Me Not Components $31,069.00 $31,069.00
(1) 12023 -- 3 1/2" Uprt Ass'Y Alum 8'
(2) 12025 -- 3 1/2" Uprt Ass'Y Alum 10'
(4) 12027 -- 3 1/2" Uprt Ass'Y Alum 12'
(4) 12069 -- 3 1/2"Uprt Ass'Y Alum 14'
(1) 12502 -- Lil Foot Slide Attachment
(2) 18200 -- 36" Sq Punched Deck P/T 1.3125
(2) 18201 -- 36" Tri Punched Deck P/T
(1) 18337 -- 36" Tri Transfer Platform
(1) 19001 -- Entry Way
(1) 19005 -- Transfer System W/Barrier (2' Rise)
(1) 19104 -- Ridge Climber
(1) 19287 -- River Rock Climber
(1) 19362 -- 3'-6"/4'-0" Zip Swerve Slide Left
(1) 19368 -- Flower Talk Tube
(1) 19476 -- Pond Explorer Panel
(2) 19757 -- Umbra Square Roof
(8) 19762 -- Umbra Roof Plug
(1) 19834 -- Flower Spinner Half Panel
(1) 19844 -- Imagination Panel
(1) 19947 -- Tic-Tac-Toe Panel
1 RDU GameTime - Non Grant Eligible Forget Me Not Components $9,859.00 $9,859.00
(4) 38221 -- Flower Blue Petals
(1) 38225 -- Hopper Rock
(1) 38233 -- Forked Balance Beam
(1) 39006 -- Babble Flower
1 RDU GameTime - Grant Eligible Fit Challenge Components $101,931.00 $101,931.00
(4) 26094 -- Triangular Shroud
(1) 26170 -- Xcelerator
Page 5 of 8
GameTime c/o Sinclair Recreation 10/13/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-01
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - Margaret Drake Elliot, Sheldon, McCrae -
Grant Check with Order
Quantity Part # Description Unit Price Amount
(1) 32023 -- Hex Pod Step (2')
(1) 32067 -- Trinet (Large) W/Socket
(1) 32003 -- Splitter W/ Crag Climber
(1) 26142 -- Single With Step
(1) 26058 -- 3 Way X-Pod Step
(1) 26079 -- Inverted Loop Ladder Overhead
(1) 81680 -- Single Seat
(1) 90145 -- 4' Corner Vine Climber Reverse
(1) 90335 -- Climber Offset Archway W/ Guardrail
(1) 80657 -- Access Attachment 4'
(1) 90033 -- 4' Transfer Platform W/Guardrail
(2) 80001 -- 49"Tri Punched Steel Deck
(1) 90336 -- Climber Offset Archway W/ Barrier
(1) 26166 -- 4'-6" Connectscape Climber
(1) 90306 -- Climber Archway W/Socket & Barrier
(1) 90043 -- 4'-6" & 5' Bubble Climber
(3) 80000 -- 49" Sq Punched Steel Deck
(1) 90579 -- Double Swerve Slide
(1) 90093 -- 5' Rockscape Climber
(1) 90418 -- Rockscape Archway Package (5' & 7')
(1) 90706 -- Exit Section Wilderslide Ii
(2) 90705 -- Right Curve Section Wilderslide Ii
(1) 90709 -- Support Wilderslide Ii
(1) 90729 -- Double Straight (2 Ft Section)
(1) 90700 -- Single Entrance Wilderslide Ii
(1) 91294 -- 7'6" - 8'0" Whirlwind
(3) 91209 -- Climber Entryway - Barrier
(1) 91247 -- 6'6" Leaf Scramble Up
(1) 91323 -- Erratic Climber 7'0"-8'0"
(1) 90023 -- 3'-0" Transfer System W/ Barrier
(5) 90272 -- 14' Upright, Alum
(2) 90270 -- 12' Upright, Alum
(3) 90269 -- 11' Upright, Alum
Page 6 of 8
GameTime c/o Sinclair Recreation 10/13/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-01
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - Margaret Drake Elliot, Sheldon, McCrae -
Grant Check with Order
Quantity Part # Description Unit Price Amount
(1) 90271 -- 13' Upright, Alum
(1) G90270 -- 12' Upright, Galv
1 RDU GameTime - Non Grant Eligible Fit Challenge Components- $4,968.00 $4,968.00
2 Bay XScape Swing with Seats
(1) 26169 -- Xscape Swing Add A Bay 3 1/2" X 8'
(1) 26119 -- Ada Xscape Swing
(2) SS8910 -- Belt Seat 3 1/2" /8' W/Clevis
(2) SS8696 -- Encl Tot Seat 3 1/2"/8' High W/Clevis
1 6200 GameTime - Sky Runner (F/S) $4,070.00 $4,070.00
Contract: OMNIA #2017001134 Sub Total $455,133.00
Grant ($202,168.98)
Freight $7,800.00
Total $260,764.02
Comments
SUPPLY ONLY
Matching Grant Funds are available until October 27th, 2023 at 12PM EST or until Grant funds
are no longer available. Approved grant application is required. In order to receive full grant
funding, a check of $260,764.02 must be received at the time of order.
This quotation is subject to policies in the current GameTime Playground Catalog and the following terms and conditions. Our
quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price
adjustment. Purchases to be supported by your written purchase order made out to GAMETIME C/O SINCLAIR
RECREATION. A 2.5% PROCESSING FEE WILL BE ADDED T O ALL ORDERS PAID VIA CREDIT CARD.
Pricing: f.o.b. factory, firm for 30 days from date of quotation unless otherwise noted on quotation. Sales tax will be added at
time of invoicing unless a tax exemption certificate is provided at time of order entry.
Shipment: Order shall ship within 10-14 weeks after GameTime's receipt and acceptance of your purchase order, color
selections, approved submittals, and receipt of deposit, if required.
NOTE: To qualify for the GameTime Grant, you must complete the application form for pre-approval. Upon approval, a Partial
Matching Grant (reflected in the pricing shown above) is good toward the purchase of a new Powerscape, PrimeTime, XScape
or Ionix Structure only. The order MUST be received no later than October 27th, with full payment to allow for processing, and
your order will ship within 8-12 weeks from date of order placement. The Grant does not apply toward Freight, Freestanding
Items, Surfacing or Installation. To qualify for the matching grant amount shown above, a check for the full amount MUST
accompany your order.
Page 7 of 8
GameTime c/o Sinclair Recreation 10/13/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-01
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - Margaret Drake Elliot, Sheldon, McCrae -
Grant Check with Order
Submittals: Our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may
exist between our quotation and the project design, the differences do not materially affect the intended use. GameTime
designs and specifications are unique and not intended to be identical in all respects to other manufacturers. We shall submit
for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied
by specifications describing materials. Once approved, these drawings and specifications shall constitute the final documents
for the project and shall take precedence over all other requirements.
Exclusions: Unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment;
acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety
surfacing; borders, drainage provisions, or any local/municipal permits or paperwork that may be required.
Acceptance of quotation:
Accepted By (printed): ______________________________ P.O. No: ______________________________________
Please make P.O.s out to GameT ime C/O Sinclair Recreation
Signature: ___________________________________________
Title: ________________________________________________ Date: ________________________________________
Facsimile: ____________________________________________ Phone: _______________________________________
Email: _______________________________________________ Purchase Amount: $260,764.02
REQUIRED ORDER INFORMATION:
Bill To: _______________________________________________ Ship To: ____________________________________
Contact: _____________________________________________ Contact: _____________________________________
Address: _____________________________________________ Address: _____________________________________
Address: _____________________________________________ Address: _____________________________________
City, State, Zip: _______________________________________ City, State, Zip: ___________________________________
Tel: ___________________________________________________ Tel: ________________________________________
(For Accounts Payable) (To call before delivery)
Email: ________________________________________________ Email: _______________________________________
COLOR SELECTIONS: _______________________________________________________________________________________
SALES TAX EXEMPTION CERTIFICATE #: ____________________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE)
NOTE: IF INSTALLATION IS BEING QUOTED, THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH FELT,
PEASTONE, SURFACING, OR WOODCHIPS. PRICING VALID FOR 30 DAYS FROM THE DATE OF QUOTATION UNLESS OTHERWISE
NOTED. ANY MODIFICATIONS TO AN ACCEPTED QUOTATION MUST BE DOCUMENTED IN WRITING OR WITH A NEW OR SEPARATE
QUOTE. VERBAL MODIFICATIONS TO PREVIOUSLY SIGNED QUOTES WILL NOT BE ACCEPTED.
Page 8 of 8
GameTime c/o Sinclair Recreation 09/29/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105105-01-02
Ph: 800-444-4954
Fax: 616-392-8634
Nelson Neighborhood - St Joseph Park - Option 1 - Grant Check with
Order
City of Muskegon Ship to Zip 49441
Attn: Kyle Karczewski
PO BOX 536
MUSKEGON, MI 49443-0536
[email protected]
Quantity Part # Description Unit Price Amount
1 RDU GameTime - Modified Blue Springs Unit $172,845.00 $172,845.00
(1) 3907 -- Bells 12" 2S
(1) 3947 -- Pachinko 12" 1S
(1) 3950 -- Roller Balls 12" 2S
(1) 4958 -- Hypno Wheel
(1) 4962 -- Echo Chamber
(1) 16465 -- Slide Transfer (Ada)
(1) 16700 -- Ada49"Sq Punch Steel Deck
(2) 80000 -- 49" Sq Punched Steel Deck
(4) 80167 -- Roof Ext 24" W/Rivet
(1) 80202 -- Tin Roof Cross Gable
(2) 80206 -- Tin Roof Hex
(1) 80612 -- Deck Curb
(1) 80687 -- Handhold/Kick Plate Pkg
(1) 80692 -- Inchworm Climber Attach
(1) 81665 -- Seat And Table For Two
(1) 81688 -- Therapeutic Rings Attch
(1) 81695 -- Train Whistle
(3) 90005 -- Two Piece Hex Deck, Ada Ramp Access
(1) 90090 -- 3' Rockscape Climber
(1) 90176 -- Ada Crow'S Nest W/ Gizmo
(1) 90183 -- Funnel Crow'S Nest W/ Barrier
(1) 90189 -- Ganza Panel
(2) 90264 -- 6' Upright, Alum
(1) 90266 -- 8' Upright, Alum
(2) 90268 -- 10' Upright, Alum
(8) 90269 -- 11' Upright, Alum
(4) 90273 -- 15' Upright, Alum
(1) 90354 -- Counter Panel
Page 1 of 5
GameTime c/o Sinclair Recreation 09/29/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105105-01-02
Ph: 800-444-4954
Fax: 616-392-8634
Nelson Neighborhood - St Joseph Park - Option 1 - Grant Check with
Order
Quantity Part # Description Unit Price Amount
(1) 90386 -- Rockscape Archway W/ Guardrail
(1) 90429 -- Ada Crow'S Nest Molded Steer Wheel
(1) 90480 -- Rung Encl Thunderring & Gr, Above Dk
(1) 90508 -- 4' Double Zip Slide, Std Dk
(1) 90534 -- 3' Rung Kickplate
(1) 90545 -- 4' Wave Climber
(1) 90546 -- Climber Archway W/D-Ring & Barrier
(1) 90578 -- Swerve Slide
(1) 90625 -- Inclined Cosmix Climber (Center)
(1) 90665 -- Inclined Cosmix Climber (Offset)
(1) 90673 -- Ramp (Guardrail)
(1) 90674 -- Std Access Ramp Link 3 Dk Gr
(1) 90757 -- 8' Wildertube 'L' Reverse
(1) 153653 -- 49" Tube Section
(1) 203582 -- Tube Entrance Section
(1) 204879 -- Footbuck Assy 40 1/16"Lg
(1) 205964 -- Curved Right Section
(1) 205964 -- Curved Right Section
(1) 206179 -- Exit Section
(1) 207772 -- Wilder Tube Section
(1) 208850 -- Hdw-Wildertube Slide
(1) 312637 -- Support Assy 82 13/16"Lg
(1) 91056 -- Ramp Link (3D) 2'-6" & 3'-0"
(2) 91137 -- Entryway - 3D
(3) 91146 -- Entryway - Guardrail
(1) 91137 -- Entryway - 3D
(1) 91291 -- 4'6" - 5'0" Whirlwind
(1) 91323 -- Erratic Climber 7'0"-8'0"
(1) 91364 -- Sensory Wave Panel w/ chimes
(1) 91379 -- PS S Wave Up & On LNK (5'-5'6)
(1) 91427 -- PS Sensory Wave Challenge Transfer 2'
(2) 91457 -- Sensory Wave Entryway
(1) 91458 -- Sensory Wave Entryway for 2' Deck
Page 2 of 5
GameTime c/o Sinclair Recreation 09/29/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105105-01-02
Ph: 800-444-4954
Fax: 616-392-8634
Nelson Neighborhood - St Joseph Park - Option 1 - Grant Check with
Order
Quantity Part # Description Unit Price Amount
(1) 91799 -- 26' Sunblox Hex Canopy
(2) G90262 -- 4' Upright, Galv
(2) G90267 -- 9' Upright, Galv
(4) G90268 -- 10' Upright, Galv
(6) G90270 -- 12' Upright, Galv
1 RDU GameTime - Swings with Seats $5,597.00 $5,597.00
(1) 5128 -- Expression Swing 3 1/2" X 8'
(1) 12583 -- Ada Primetime Swing Frame, 3 1/2" Od
(1) 18827 -- Primetime Swing Add A Bay 3 1/2" X 8'
(2) SS8910 -- Belt Seat 3 1/2" /8' W/Clevis
1 6272 GameTime - Merry-Go-All $9,407.00 $9,407.00
1 6299 GameTime - Inclusive Seesaw $8,884.00 $8,884.00
5295 EWF GT-Impax - Engineered Wood Fiber - Safety Surfacing Top Off - $1.25 $6,618.75
Includes installation of top off (blown in)
1 INSTALL Installation - Installation of Ramped Structure, Swings, See Saw, and Merry-Go-All- $53,650.00 $53,650.00
Includes unloading on site.
Does not include site preparation or excavation, removal or disposal of existing equipment,
site restoration or landscaping.
1 REMOVAL GT-Impax - Removal and disposal of existing equipment- $13,500.00 $13,500.00
Price includes removal and disposal of (1) existing two bay swing set, spring rider and (2)
existing structures. Benches to remain on site unless they interfere with proposed use zones
and require relocation.
Does not include removal or excavation of existing EWF safety surfacing.
Contract: OMNIA #2017001134 Sub Total $270,501.75
Grant ($87,503.88)
Freight $2,770.00
Total $185,767.87
Comments
Matching Grant Funds are available until October 27th, 2023 at 12PM EST or until Grant funds
are no longer available. Approved grant application is required. In order to receive full grant
funding, a check of $111,999.12 must be received at the time of order.
Does not include removal of existing surfacing, clearing of debris from existing surfacing, site restoration, or all new safety surfacing.
Page 3 of 5
GameTime c/o Sinclair Recreation 09/29/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105105-01-02
Ph: 800-444-4954
Fax: 616-392-8634
Nelson Neighborhood - St Joseph Park - Option 1 - Grant Check with
Order
This quotation is subject to policies in the current GameTime Playground Catalog and the following terms and conditions. Our
quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price
adjustment. Purchases to be supported by your written purchase order made out to GAMETIME C/O SINCLAIR
RECREATION. A 2.5% PROCESSING FEE WILL BE ADDED T O ALL ORDERS PAID VIA CREDIT CARD.
Pricing: f.o.b. factory, firm for 30 days from date of quotation unless otherwise noted on quotation. Sales tax will be added at
time of invoicing unless a tax exemption certificate is provided at time of order entry.
Shipment: Order shall ship within 10-14 weeks after GameTime's receipt and acceptance of your purchase order, color
selections, approved submittals, and receipt of deposit, if required.
NOTE: To qualify for the GameTime Grant, you must complete the application form for pre-approval. Upon approval, a Partial
Matching Grant (reflected in the pricing shown above) is good toward the purchase of a new Powerscape, PrimeTime, XScape
or Ionix Structure only. The order MUST be received no later than October 27th, with full payment to allow for processing, and
your order will ship within 8-12 weeks from date of order placement. The Grant does not apply toward Freight, Freestanding
Items, Surfacing or Installation. To qualify for the matching grant amount shown above, a check for the full amount MUST
accompany your order.
Installation: Shall be by a Certified GameTime Installer. Customer shall be responsible for scheduling coordination and site
preparation. Site should be level and permit installation equipment access. Purchaser shall be responsible for unknown
conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional
labor or material costs. Payment terms for installation is Net 10 Days.
NOTE: PRICING DOES NOT INCLUDE ANY DAVIS BACON OR PREVAILING WAGE RATES UNLESS SPECIFICALLY
IDENTIFIED ABOVE IN QUOTE. THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH
FELT, PEASTONE, SURFACING, OR WOODCHIPS, UNLESS SPECIFICALLY LISTED IN ABOVE QUOTE.
Submittals: Our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may
exist between our quotation and the project design, the differences do not materially affect the intended use. GameTime
designs and specifications are unique and not intended to be identical in all respects to other manufacturers. We shall submit
for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied
by specifications describing materials. Once approved, these drawings and specifications shall constitute the final documents
for the project and shall take precedence over all other requirements.
Exclusions: Unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment;
acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety
surfacing; borders, drainage provisions, or any local/municipal permits or paperwork that may be required.
Page 4 of 5
GameTime c/o Sinclair Recreation 09/29/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105105-01-02
Ph: 800-444-4954
Fax: 616-392-8634
Nelson Neighborhood - St Joseph Park - Option 1 - Grant Check with
Order
Acceptance of quotation:
Accepted By (printed): ______________________________ P.O. No: ______________________________________
Please make P.O.s out to GameT ime C/O Sinclair Recreation
Signature: ___________________________________________
Title: ________________________________________________ Date: ________________________________________
Facsimile: ____________________________________________ Phone: _______________________________________
Email: _______________________________________________ Purchase Amount: $185,767.87
REQUIRED ORDER INFORMATION:
Bill To: _______________________________________________ Ship To: ____________________________________
Contact: _____________________________________________ Contact: _____________________________________
Address: _____________________________________________ Address: _____________________________________
Address: _____________________________________________ Address: _____________________________________
City, State, Zip: _______________________________________ City, State, Zip: ___________________________________
Tel: ___________________________________________________ Tel: ________________________________________
(For Accounts Payable) (To call before delivery)
Email: ________________________________________________ Email: _______________________________________
COLOR SELECTIONS: _______________________________________________________________________________________
SALES TAX EXEMPTION CERTIFICATE #: ____________________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE)
NOTE: IF INSTALLATION IS BEING QUOTED, THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH FELT,
PEASTONE, SURFACING, OR WOODCHIPS. PRICING VALID FOR 30 DAYS FROM THE DATE OF QUOTATION UNLESS OTHERWISE
NOTED. ANY MODIFICATIONS TO AN ACCEPTED QUOTATION MUST BE DOCUMENTED IN WRITING OR WITH A NEW OR SEPARATE
QUOTE. VERBAL MODIFICATIONS TO PREVIOUSLY SIGNED QUOTES WILL NOT BE ACCEPTED.
Page 5 of 5
GameTime c/o Sinclair Recreation 10/16/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-03
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - McCrae Park - Grant Check with Order
City of Muskegon Ship to Zip 49442
Attn: Kyle Karczewski
PO BOX 536
MUSKEGON, MI 49443-0536
[email protected]
Quantity Part # Description Unit Price Amount
McCrae
1 RDU GameTime - Grant Eligible Forget Me Not Components $31,069.00 $31,069.00
(1) 12023 -- 3 1/2" Uprt Ass'Y Alum 8'
(2) 12025 -- 3 1/2" Uprt Ass'Y Alum 10'
(4) 12027 -- 3 1/2" Uprt Ass'Y Alum 12'
(4) 12069 -- 3 1/2"Uprt Ass'Y Alum 14'
(1) 12502 -- Lil Foot Slide Attachment
(2) 18200 -- 36" Sq Punched Deck P/T 1.3125
(2) 18201 -- 36" Tri Punched Deck P/T
(1) 18337 -- 36" Tri Transfer Platform
(1) 19001 -- Entry Way
(1) 19005 -- Transfer System W/Barrier (2' Rise)
(1) 19104 -- Ridge Climber
(1) 19287 -- River Rock Climber
(1) 19362 -- 3'-6"/4'-0" Zip Swerve Slide Left
(1) 19368 -- Flower Talk Tube
(1) 19476 -- Pond Explorer Panel
(2) 19757 -- Umbra Square Roof
(8) 19762 -- Umbra Roof Plug
(1) 19834 -- Flower Spinner Half Panel
(1) 19844 -- Imagination Panel
(1) 19947 -- Tic-Tac-Toe Panel
1 RDU GameTime - Non Grant Eligible Forget Me Not Components $9,859.00 $9,859.00
(4) 38221 -- Flower Blue Petals
(1) 38225 -- Hopper Rock
(1) 38233 -- Forked Balance Beam
(1) 39006 -- Babble Flower
1 RDU GameTime - Grant Eligible Fit Challenge Components $101,931.00 $101,931.00
(4) 26094 -- Triangular Shroud
(1) 26170 -- Xcelerator
(1) 32023 -- Hex Pod Step (2')
Page 1 of 4
GameTime c/o Sinclair Recreation 10/16/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-03
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - McCrae Park - Grant Check with Order
Quantity Part # Description Unit Price Amount
(1) 32067 -- Trinet (Large) W/Socket
(1) 32003 -- Splitter W/ Crag Climber
(1) 26142 -- Single With Step
(1) 26058 -- 3 Way X-Pod Step
(1) 26079 -- Inverted Loop Ladder Overhead
(1) 81680 -- Single Seat
(1) 90145 -- 4' Corner Vine Climber Reverse
(1) 90335 -- Climber Offset Archway W/ Guardrail
(1) 80657 -- Access Attachment 4'
(1) 90033 -- 4' Transfer Platform W/Guardrail
(2) 80001 -- 49"Tri Punched Steel Deck
(1) 90336 -- Climber Offset Archway W/ Barrier
(1) 26166 -- 4'-6" Connectscape Climber
(1) 90306 -- Climber Archway W/Socket & Barrier
(1) 90043 -- 4'-6" & 5' Bubble Climber
(3) 80000 -- 49" Sq Punched Steel Deck
(1) 90579 -- Double Swerve Slide
(1) 90093 -- 5' Rockscape Climber
(1) 90418 -- Rockscape Archway Package (5' & 7')
(1) 90706 -- Exit Section Wilderslide Ii
(2) 90705 -- Right Curve Section Wilderslide Ii
(1) 90709 -- Support Wilderslide Ii
(1) 90729 -- Double Straight (2 Ft Section)
(1) 90700 -- Single Entrance Wilderslide Ii
(1) 91294 -- 7'6" - 8'0" Whirlwind
(3) 91209 -- Climber Entryway - Barrier
(1) 91247 -- 6'6" Leaf Scramble Up
(1) 91323 -- Erratic Climber 7'0"-8'0"
(1) 90023 -- 3'-0" Transfer System W/ Barrier
(5) 90272 -- 14' Upright, Alum
(2) 90270 -- 12' Upright, Alum
(3) 90269 -- 11' Upright, Alum
(1) 90271 -- 13' Upright, Alum
(1) G90270 -- 12' Upright, Galv
Page 2 of 4
GameTime c/o Sinclair Recreation 10/16/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-03
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - McCrae Park - Grant Check with Order
Quantity Part # Description Unit Price Amount
1 RDU GameTime - Non Grant Eligible Fit Challenge Components- $4,968.00 $4,968.00
2 Bay XScape Swing with Seats
(1) 26169 -- Xscape Swing Add A Bay 3 1/2" X 8'
(1) 26119 -- Ada Xscape Swing
(2) SS8910 -- Belt Seat 3 1/2" /8' W/Clevis
(2) SS8696 -- Encl Tot Seat 3 1/2"/8' High W/Clevis
1 6200 GameTime - Sky Runner (F/S) $4,070.00 $4,070.00
Contract: OMNIA #2017001134 Sub Total $151,897.00
Grant ($68,806.98)
Freight $2,600.00
Total $85,690.02
Comments
SUPPLY ONLY
Matching Grant Funds are available until October 27th, 2023 at 12PM EST or until Grant funds
are no longer available. Approved grant application is required. In order to receive full grant
funding, a check of $85,690.02 must be received at the time of order.
This quotation is subject to policies in the current GameTime Playground Catalog and the following terms and conditions. Our
quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price
adjustment. Purchases to be supported by your written purchase order made out to GAMETIME C/O SINCLAIR
RECREATION. A 2.5% PROCESSING FEE WILL BE ADDED T O ALL ORDERS PAID VIA CREDIT CARD.
Pricing: f.o.b. factory, firm for 30 days from date of quotation unless otherwise noted on quotation. Sales tax will be added at
time of invoicing unless a tax exemption certificate is provided at time of order entry.
Shipment: Order shall ship within 10-14 weeks after GameTime's receipt and acceptance of your purchase order, color
selections, approved submittals, and receipt of deposit, if required.
NOTE: To qualify for the GameTime Grant, you must complete the application form for pre-approval. Upon approval, a Partial
Matching Grant (reflected in the pricing shown above) is good toward the purchase of a new Powerscape, PrimeTime, XScape
or Ionix Structure only. The order MUST be received no later than October 27th, with full payment to allow for processing, and
your order will ship within 8-12 weeks from date of order placement. The Grant does not apply toward Freight, Freestanding
Items, Surfacing or Installation. To qualify for the matching grant amount shown above, a check for the full amount MUST
accompany your order.
Page 3 of 4
GameTime c/o Sinclair Recreation 10/16/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-03
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - McCrae Park - Grant Check with Order
Submittals: Our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may
exist between our quotation and the project design, the differences do not materially affect the intended use. GameTime
designs and specifications are unique and not intended to be identical in all respects to other manufacturers. We shall submit
for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied
by specifications describing materials. Once approved, these drawings and specifications shall constitute the final documents
for the project and shall take precedence over all other requirements.
Exclusions: Unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment;
acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety
surfacing; borders, drainage provisions, or any local/municipal permits or paperwork that may be required.
Acceptance of quotation:
Accepted By (printed): ______________________________ P.O. No: ______________________________________
Please make P.O.s out to GameT ime C/O Sinclair Recreation
Signature: ___________________________________________
Title: ________________________________________________ Date: ________________________________________
Facsimile: ____________________________________________ Phone: _______________________________________
Email: _______________________________________________ Purchase Amount: $85,690.02
REQUIRED ORDER INFORMATION:
Bill To: _______________________________________________ Ship To: ____________________________________
Contact: _____________________________________________ Contact: _____________________________________
Address: _____________________________________________ Address: _____________________________________
Address: _____________________________________________ Address: _____________________________________
City, State, Zip: _______________________________________ City, State, Zip: ___________________________________
Tel: ___________________________________________________ Tel: ________________________________________
(For Accounts Payable) (To call before delivery)
Email: ________________________________________________ Email: _______________________________________
COLOR SELECTIONS: _______________________________________________________________________________________
SALES TAX EXEMPTION CERTIFICATE #: ____________________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE)
NOTE: IF INSTALLATION IS BEING QUOTED, THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH FELT,
PEASTONE, SURFACING, OR WOODCHIPS. PRICING VALID FOR 30 DAYS FROM THE DATE OF QUOTATION UNLESS OTHERWISE
NOTED. ANY MODIFICATIONS TO AN ACCEPTED QUOTATION MUST BE DOCUMENTED IN WRITING OR WITH A NEW OR SEPARATE
QUOTE. VERBAL MODIFICATIONS TO PREVIOUSLY SIGNED QUOTES WILL NOT BE ACCEPTED.
Page 4 of 4
GameTime c/o Sinclair Recreation 10/16/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-04
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - Sheldon Park - Grant Check with Order
City of Muskegon Ship to Zip 49442
Attn: Kyle Karczewski
PO BOX 536
MUSKEGON, MI 49443-0536
[email protected]
Quantity Part # Description Unit Price Amount
Sheldon
1 RDU GameTime - Swings with Seats $12,516.00 $12,516.00
(1) 12583 -- Ada Primetime Swing Frame, 3 1/2" Od
(4) 12584 -- Ada Primetime Swing Aab, 3 1/2" Od
(4) SS8910 -- Belt Seat 3 1/2" /8' W/Clevis
(2) SS8696 -- Encl Tot Seat 3 1/2"/8' High W/Clevis
(1) 5165 -- Expression Swing w Adaptive Seat 3 1/2
(1) SS8558 -- 3 1/2" Zero-G Chair (5-12)-Stainless
1 6202 GameTime - Mini Sky Runner (F/S) $2,237.00 $2,237.00
1 RDU GameTime - Grant Eligible Metamorphosis Components $22,140.00 $22,140.00
(1) 12023 -- 3 1/2" Uprt Ass'Y Alum 8'
(1) 12025 -- 3 1/2" Uprt Ass'Y Alum 10'
(6) 12069 -- 3 1/2"Uprt Ass'Y Alum 14'
(1) 12438 -- 24" Barrier
(6) 18201 -- 36" Tri Punched Deck P/T
(1) 18337 -- 36" Tri Transfer Platform
(1) 19001 -- Entry Way
(1) 19047 -- Tree (3; & 3'6")
(1) 19105 -- Clover Leaf (2' & 2'-6")
(1) 19121 -- Curved Zip Slide
(1) 19214 -- Rung Enclosure
(1) 19363 -- 3'-6"/4'-0" Zip Swerve Slide Right
(1) 19758 -- Umbra Hex roof
(6) 19762 -- Umbra Roof Plug
1 RDU GameTime - Non Grant Eligible Metamorphosis Components $22,689.00 $22,689.00
(1) 38003 -- Butterfly Net
(1) 38220 -- Flower Yellow Petals
(2) 38222 -- Flower Red Petals
1 RDU GameTime - Bowman Unit $91,317.00 $91,317.00
Page 1 of 4
GameTime c/o Sinclair Recreation 10/16/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-04
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - Sheldon Park - Grant Check with Order
Quantity Part # Description Unit Price Amount
(1) 13803 -- Ledge Climber
(1) 13808 -- Up Over and Around
(1) 13809 -- Get A Grip
(1) 13814 -- Leaning Ladders
(4) 80000 -- 49" Sq Punched Steel Deck
(1) 81468 -- Shoriz Ladder Link
(1) 81493 -- Rev 'S' Loop Ladder Link 98"
(1) 81587 -- Skywheel Attachment
(1) 81665 -- Seat And Table For Two
(1) 81669 -- Hand Cycler
(1) 81699 -- Bongos
(1) 90029 -- 3' Transfer Platform W/Barrier
(2) 90207 -- Overhead Ladder Access Package
(1) 90245 -- 5' & 5'-6" Chain Link Climber
(1) 90267 -- 9' Upright, Alum
(4) 90268 -- 10' Upright, Alum
(15) 90269 -- 11' Upright, Alum
(2) 90306 -- Climber Archway W/Socket & Barrier
(1) 90389 -- 2'-0" Overhead Climber Access Ladder
(1) 90391 -- 3'-0" Overhead Climber Access Ladder
(1) 90637 -- Tunnel Up
(1) 90639 -- Spiral Climber (5'-0" & 5'-6")
(1) 90701 -- Double Entrance Wilderslide Ii
(2) 90703 -- Straight Section Wilderslide Ii
(1) 90704 -- Left Curve Section Wilderslide Ii
(1) 90705 -- Right Curve Section Wilderslide Ii
(2) 90706 -- Exit Section Wilderslide Ii
(1) 90790 -- Sloped Funnel Climber Barrier (Dbl)
(1) 91097 -- 4'/5' Double Bubble Climber
(1) 91107 -- Coral Climber (3D) 5'-0"
(1) 91119 -- Play Port Bridge
(2) 91209 -- Climber Entryway - Barrier
(2) 91535 -- Double Offset Archway
Page 2 of 4
GameTime c/o Sinclair Recreation 10/16/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-04
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - Sheldon Park - Grant Check with Order
Quantity Part # Description Unit Price Amount
(2) G90268 -- 10' Upright, Galv
(1) G90269 -- 11' Upright, Galv
Contract: OMNIA #2017001134 Sub Total $150,899.00
Grant ($61,593.39)
Freight $2,600.00
Total $91,905.61
Comments
SUPPLY ONLY
Matching Grant Funds are available until October 27th, 2023 at 12PM EST or until Grant funds
are no longer available. Approved grant application is required. In order to receive full grant
funding, a check of $91,905.61 must be received at the time of order.
This quotation is subject to policies in the current GameTime Playground Catalog and the following terms and conditions. Our
quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price
adjustment. Purchases to be supported by your written purchase order made out to GAMETIME C/O SINCLAIR
RECREATION. A 2.5% PROCESSING FEE WILL BE ADDED T O ALL ORDERS PAID VIA CREDIT CARD.
Pricing: f.o.b. factory, firm for 30 days from date of quotation unless otherwise noted on quotation. Sales tax will be added at
time of invoicing unless a tax exemption certificate is provided at time of order entry.
Shipment: Order shall ship within 10-14 weeks after GameTime's receipt and acceptance of your purchase order, color
selections, approved submittals, and receipt of deposit, if required.
NOTE: To qualify for the GameTime Grant, you must complete the application form for pre-approval. Upon approval, a Partial
Matching Grant (reflected in the pricing shown above) is good toward the purchase of a new Powerscape, PrimeTime, XScape
or Ionix Structure only. The order MUST be received no later than October 27th, with full payment to allow for processing, and
your order will ship within 8-12 weeks from date of order placement. The Grant does not apply toward Freight, Freestanding
Items, Surfacing or Installation. To qualify for the matching grant amount shown above, a check for the full amount MUST
accompany your order.
Submittals: Our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may
exist between our quotation and the project design, the differences do not materially affect the intended use. GameTime
designs and specifications are unique and not intended to be identical in all respects to other manufacturers. We shall submit
for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied
by specifications describing materials. Once approved, these drawings and specifications shall constitute the final documents
for the project and shall take precedence over all other requirements.
Page 3 of 4
GameTime c/o Sinclair Recreation 10/16/2023
176 E Lakewood Blvd Quote #
Holland, MI 49424 105189-01-04
Ph: 800-444-4954
Fax: 616-392-8634
2023 Grant Playgrounds - Sheldon Park - Grant Check with Order
Exclusions: Unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment;
acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety
surfacing; borders, drainage provisions, or any local/municipal permits or paperwork that may be required.
Acceptance of quotation:
Accepted By (printed): ______________________________ P.O. No: ______________________________________
Please make P.O.s out to GameT ime C/O Sinclair Recreation
Signature: ___________________________________________
Title: ________________________________________________ Date: ________________________________________
Facsimile: ____________________________________________ Phone: _______________________________________
Email: _______________________________________________ Purchase Amount: $91,905.61
REQUIRED ORDER INFORMATION:
Bill To: _______________________________________________ Ship To: ____________________________________
Contact: _____________________________________________ Contact: _____________________________________
Address: _____________________________________________ Address: _____________________________________
Address: _____________________________________________ Address: _____________________________________
City, State, Zip: _______________________________________ City, State, Zip: ___________________________________
Tel: ___________________________________________________ Tel: ________________________________________
(For Accounts Payable) (To call before delivery)
Email: ________________________________________________ Email: _______________________________________
COLOR SELECTIONS: _______________________________________________________________________________________
SALES TAX EXEMPTION CERTIFICATE #: ____________________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE)
NOTE: IF INSTALLATION IS BEING QUOTED, THERE WILL BE A BACKCHARGE FOR THE INSTALLATION TO BE DONE THROUGH FELT,
PEASTONE, SURFACING, OR WOODCHIPS. PRICING VALID FOR 30 DAYS FROM THE DATE OF QUOTATION UNLESS OTHERWISE
NOTED. ANY MODIFICATIONS TO AN ACCEPTED QUOTATION MUST BE DOCUMENTED IN WRITING OR WITH A NEW OR SEPARATE
QUOTE. VERBAL MODIFICATIONS TO PREVIOUSLY SIGNED QUOTES WILL NOT BE ACCEPTED.
Page 4 of 4
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 24, 2023 Title: Equipment Purchases
Submitted By: Joe Buckingham, Supervisor Department: Equipment
Brief Summary:
Staff requests authorization to purchase five (5) fleet vehicles from Berger Chevrolet to replace and
supplement DPW and fleet administration vehicles for a total of $193,308.
Detailed Summary & Background:
The Equipment Division is seeking approval to replace five (5) administration vehicles from Berger
Chevrolet using MiDeal state pricing. The vehicles will replace and supplement DPW and fleet
administration vehicles and are within the budgeted amounts for purchases this fiscal year.
Goal/Focus Area/Action Item Addressed:
Goal 4 Key Focus Area: Sustainability in Financial Practices & Infrastructure
Amount Requested: $193,308 Budgeted Item:
Yes No N/A
Fund(s) or Account(s): 642-563 (Equipment) Budget Amendment Needed:
Yes No N/A
Recommended Motion:
I move approval for staff to purchase five (5) fleet vehicles from Berger Chevrolet to replace and
supplement DPW and fleet administration vehicles for a total of $193,308.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/24/23 Title: Request to rezone 162 E Apple, 170 E
Apple, 974 Spring, 971 Jay, and
151/157/171/181 Allen
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to rezone 162 E Apple Ave, 170 E Apple Ave, and 974 Spring St from B-
2, Convenience & Comparison Business to FBC, Neighborhood Core and to rezone
151/157/171/181 Allen Ave and 971 Jay St from R-3, High Density Single Family Residential to
FBC, Neighborhood Core, by General Capital Acquisitions, LLC.
Detailed Summary & Background: The properties are being rezoned to allow for affordable
apartments. The Planning Commission recommended approval of the request by a 7-0 vote.
Goal/Focus Area/Action Item Addressed: Economic development, housing and business/diverse
housing types/increase variety of housing types.
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: To approve the request to rezone 162 E Apple, 170 E Apple, 974 Spring,
971 Jay, and 151/157/171/181 Allen to Form Based Code, Neighborhood Core.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
PLANNING COMMISSION PACKET EXCERPT
October 12, 2023
Hearing, Case 2023-25: Request to rezone 162 E Apple Ave, 170 E Apple Ave, and 974 Spring St from
B-2, Convenience & Comparison Business to FBC, Neighborhood Core and to rezone 151/157/171/181
Allen Ave and 971 Jay St from R-3, High Density Single Family Residential to FBC, Neighborhood Core,
by General Capital Acquisitions, LLC.
SUMMARY
1. The properties are zoned R-3, High-Density Single-Family Residential and B-2, Convenience &
Comparison Business. They compromise about 1.7 acres of land.
2. The only property that still contains a structure is 162 E Apple Ave, which contains a vacant
commercial building. The house at 964 Spring St, at the corner of Spring/Allen, is not included in
the project.
3. The applicant is seeking a rezoning in an effort to construct affordable residential apartments. The
development plans will include a 53-unit senior housing development.
4. The properties just to the north of this project, across Allen Ave, were recently rezoned to FBC,
NC as well in anticipation of a similar housing development, but are not yet depicted as so on the
zoning map.
5. Notice was sent to all properties within 300 feet of this address. At the time of this writing, staff
had not received any comments from the public.
Development Area
Zoning Map
Aerial Map
Allowed Building Types in FBC, NC (Detached and Duplexes not Allowed)
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 162 E Apple, 170 E
Apple, 974 Spring, 971 Jay, and 151/157/171/181 Allen to Form Based Code, Neighborhood Core.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 162 E Apple, 170 E Apple,
974 Spring, 971 Jay, and 151/157/171/181 Allen to Form Based Code, Neighborhood Core.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
CERTIFICATE
(Rezoning of 162 E Apple, 170 E Apple, 974 Spring, 971 Jay, and 151/157/171/181 Allen to Form Based Code,
Neighborhood Core)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does
hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission
of the City of Muskegon, at a regular meeting of the City Commission on the 24th day of October, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2023 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on October 24, 2023, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for 162 E Apple, 170 E Apple, 974
Spring, 971 Jay, and 151/157/171/181 Allen to Form Based Code, Neighborhood Core.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2023
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/24/23 Title: Request to rezone 550 W Grand Ave
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to rezone the property at 550 W Grand Ave from FBC, Urban Residential
to FBC, Neighborhood Core, by General Capital Acquisitions, LLC.
Detailed Summary & Background: The properties are being rezoned to allow for affordable
apartments. The Planning Commission recommended approval of the request by a 7-0 vote.
Goal/Focus Area/Action Item Addressed: Economic development, housing and business/diverse
housing types/increase variety of housing types.
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: To approve the request to rezone the property at 550 W Grand Ave to
Form Based Code, Neighborhood Core.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
PLANNING COMMISSION PACKET EXCERPT
October 12, 2023
Hearing, Case 2023-26: Request to rezone the property at 550 W Grand Ave from FBC, Urban Residential
to FBC, Neighborhood Core, by General Capital Acquisitions, LLC.
SUMMARY
1. The property is the site of the former Nelson School. Its zoned Form Based Code, Urban
Residential. The parcel measures 9.5 acres and the building measures 77,975 sf.
2. The applicant is seeking a rezoning in an effort to construct affordable residential apartments. The
development plans will include a 52-unit workforce housing development.
3. The Form Based Code, Neighborhood Core designation allows a variety of housing options,
ranging from rowhouses to large multiplexes, with a maximum height of five stories.
4. Notice was sent to all properties within 300 feet of this address. At the time of this writing, staff
had not received any comments from the public.
550 W Grand Ave
Zoning Map
Aerial Map
Allowed Building Types in FBC, NC (Detached and Duplexes not Allowed)
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 550 W Grand Ave to
Form Based Code, Neighborhood Core.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 550 W Grand Ave to
Form Based Code, Neighborhood Core.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
CERTIFICATE
(Rezoning of 550 W Grand Ave to Form Based Code, Neighborhood Core)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does
hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission
of the City of Muskegon, at a regular meeting of the City Commission on the 24th day of October, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2023 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on October 24, 2023, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for 550 W Grand Ave to Form Based
Code, Neighborhood Core.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2023
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 24, 2023 Title: General Capital Spring Street Senior
Housing Contract for Housing Exemption
(PILOT)
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: City Staff has negotiated and reviewed a Payment in Lieu of Taxes and Municipal
Services agreement for commission consideration for a new construction 52-unit Workforce
affordable housing complex at and around 162 Apple Avenue.
Detailed Summary & Background:
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000 rental units priced under
$1,430 a month, staff has made overtures and established relationships with several new and
existing LIHTC developers. General Capital has already successfully completed two new
construction facilities in our community, and is seeking to complete a third with the Berkshire
Spring Street Project. This site will support 53 affordable senior apartments.
General Capital is seeking a Payment in lieu of Taxes (PILOT) of 7% of net shelter rents. This
should equal roughly $30,100 per year for the city to divide between taxing jurisdictions. General
Capital is also requesting a 3% Municipal Services Charge, which is detailed in another agenda
item in the packet.
Note that this item does not yet include the legal description exhibit that we would usually see with
the document, and that is due to a lot split survey that is forthcoming and will be added to the
document when complete.
Goal/Focus Area/Action Item Addressed: Goal 2.1: Diverse Housing Types, Goal 4.3 Increased
Revenue
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: Motion to approve the Contract for Housing Exemption with Spring Street
Limited Dividend Housing Association Limited Partnership and authorize the mayor and clerk to
sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 24, 2023 Title: General Capital Spring Street Senior
Housing Municipal Services Agreement
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: City Staff has negotiated and reviewed a Payment in Lieu of Taxes and Municipal
Services agreement for commission consideration for a new construction 53-unit Senior affordable
housing complex at and around 162 E. Apple Avenue.
Detailed Summary & Background:
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000 rental units priced under
$1,430 a month, staff has made overtures and established relationships with several new and
existing LIHTC developers. General Capital has already successfully completed two new
construction facilities in our community, and is seeking to complete a third with the Spring Street
Berkshire Apartments. This site will support 53 affordable senior apartments.
General Capital is seeking a Municipal Services Charge of 3% of net shelter rents. This should
equal roughly $15,000 per year for the city to keep to defray costs of public service delivery to the
site. General Capital is also requesting a 7% Payment in lieu of Taxes agreement, which is
detailed in another agenda item in the packet.
Goal/Focus Area/Action Item Addressed: Goal 2.1: Diverse Housing Types, Goal 4.3 Increased
Revenue
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: Motion to approve the Municipal Services Agreement with GENCAP SPRING
STREET 53 LIMITED DIVIDEND HOUSING ASSOCIATION, LLC and authorize the mayor and clerk to
sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 24, 2023 Title: General Capital Nelson School
Family/Workforce Contract for Housing
Exemption (PILOT)
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: City Staff has negotiated and reviewed a Payment in Lieu of Taxes and Municipal
Services agreement for commission consideration for a new construction 52-unit Workforce
affordable housing complex at and around the Nelson School property, 550 West Grand Avenue.
Detailed Summary & Background:
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000 rental units priced under
$1,430 a month, staff has made overtures and established relationships with several new and
existing LIHTC developers. General Capital has already successfully completed two new
construction facilities in our community, and is seeking to complete a third with the Nelson School
Apartments. This site will support 52 affordable workforce apartments.
General Capital is seeking a Payment in lieu of Taxes (PILOT) of 5% of net shelter rents. This
should equal roughly $24,000 per year for the city to divide between taxing jurisdictions. General
Capital is also requesting a 3% Municipal Services Charge, which is detailed in another agenda
item in the packet.
Note that this item does not yet include the legal description exhibit that we would usually see with
the document, and that is due to a lot split survey that is forthcoming and will be added to the
document when complete. Specifically, this lot split will leave the sports field and playground on
site under the ownership of MPS and open to the public.
Goal/Focus Area/Action Item Addressed: Goal 2.1: Diverse Housing Types, Goal 4.3 Increased
Revenue
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: Motion to approve the Contract for Housing Exemption with GENCAP
NELSON LIMITED DIVIDEND HOUSING ASSOCIATION, LLC and authorize the mayor and clerk to
sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 24, 2023 Title: General Capital Nelson School
Family/Workforce Housing Municipal Services
Agreement
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: City Staff has negotiated and reviewed a Payment in Lieu of Taxes and Municipal
Services agreement for commission consideration for a new construction 52-unit Workforce
affordable housing complex at and around the Nelson School property, 550 West Grand Avenue.
Detailed Summary & Background:
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000 rental units priced under
$1,430 a month, staff has made overtures and established relationships with several new and
existing LIHTC developers. General Capital has already successfully completed two new
construction facilities in our community, and is seeking to complete a third with the Nelson School
Apartments. This site will support 52 affordable workforce apartments.
General Capital is seeking a Municipal Services Charge of 3% of net shelter rents. This should
equal roughly $15,000 per year for the city to keep to defray costs of public service delivery to the
site. General Capital is also requesting a 5% Payment in lieu of Taxes agreement, which is
detailed in another agenda item in the packet.
Goal/Focus Area/Action Item Addressed: Goal 2.1: Diverse Housing Types, Goal 4.3 Increased
Revenue
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: Motion to approve the Municipal Services Agreement with GENCAP NELSON
LIMITED DIVIDEND HOUSING ASSOCIATION, LLC and authorize the mayor and clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 24, 2023 Title: Pivotal Development Harbor View
Family/Workforce Housing Contract for
Housing Exemption (PILOT)
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: City Staff has negotiated and reviewed a Payment in Lieu of Taxes and Municipal
Services agreement for commission consideration for a new construction 46-unit Senior affordable
housing complex at and around 122 East Muskegon Avenue.
Detailed Summary & Background: Pursuant to our 5 Year Housing Needs Assessments call for
over 1,000 rental units priced under $1,430 a month, staff has made overtures and established
relationships with several new and existing LIHTC developers. Pivotal Development is one of the
largest Low Income Housing Development Tax Credit developers in the Midwest, and are seeking
to complete their first Muskegon area project with the Harbor View Lofts. This site will support 46
affordable workforce apartments.
Pivotal is seeking a PILOT payment of 5% of net shelter rents. This should equal roughly $18,000
per year for the city to keep to defray costs of public service delivery to the site. Pivotal is also
requesting a 3% Municipal Services Agreement, which is detailed in another agenda item in the
packet.
Goal/Focus Area/Action Item Addressed: Goal 2.1: Diverse Housing Types, Goal 4.3 Increased
Revenue
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: Motion to approve the Contract for Housing Exemption with HARBOR VIEW
LIMITED DIVIDEND HOUSING ASSOCIATION LLC and authorize the mayor and clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
CITY OF MUSKEGON
CONTRACT FOR HOUSING EXEMPTION
This Agreement between HARBOR VIEW LIMITED DIVIDEND HOUSING
ASSOCIATION LLC, a Michigan
limited liability company (the "Sponsor") and CITY OF MUSKEGON, 933 Terrace Street,
Muskegon, Michigan (the "City") is made pursuant to the following terms:
RECITALS
A. The City has adopted Chapter 82, Article II "Taxation" of the City Code of
Ordinances, providing for tax exemption (the "Ordinance”) and a service charge in lieu of taxes for a
housing project for low income persons and families to be financed with a Federally-aided Mortgage
Loan or an advance or grant from the Authority pursuant to the provisions of the State Housing
Development Authority Act of 1966 (1966 PA 346, as amended; MCL 125.1401, et seq.) (the "Act");
B. It is acknowledged that it is a proper public purpose of the State of Michigan and its
political subdivisions to provide housing for its low-income senior persons and families and to
encourage the development of such housing by providing for a service charge in lieu of property taxes
in accordance with the Act. The City is authorized by this Act to establish or charge the service charge
to be paid in lieu of taxes by any or all classes of housing exempt from taxation under this Act at any
amount it chooses, not to exceed the taxes that would be paid but for this Act. It is further
acknowledged that such housing for low-income persons and families is a public necessity, and as the
City will be benefited and improved by such housing, the encouragement of the same by providing
real estate tax exemption for such housing is a valid public purpose. It is further acknowledged that
the continuance of the provisions of this Ordinance for tax exemption and the service charge in lieu
of all ad valorem taxes during the period contemplated in this Ordinance are essential to the
determination of economic feasibility of the housing projects that is constructed with financing
extended in reliance on such tax exemption.
The City acknowledges that the Sponsor has offered, subject to receipt of an allocation of
Low Income Housing Tax Credits, to construct, own and operate a housing project identified as
Harbor View on certain property located at and around 122 W Muskegon Avenue, Muskegon,
Michigan in the City (the "Project") to serve low income persons, and that the Sponsor has offered to
pay the City on account of this housing project an annual service charge for public services in lieu of
all ad valorem property taxes.
C. Sponsor has assumed an agreement to purchase a site in the City of Muskegon (122
W. Muskegon Avenue) for the construction of a proposed low-income housing project as defined in
City Section 82-46 of the Ordinance.
D. Sponsor and an affiliate of Sponsor, to be formed, have or will enter into an agreement
to form a limited dividend housing association limited liability company to function as
owner of the proposed low-income housing Project. The owning entity to be formed will be identified
as HARBOR VIEW LIMITED DIVIDEND HOUSING ASSOCIATION LLC.
E. The City encourages construction and financing of the said low-income housing
project which is identified by the working name of Harbor View.
F. To further enable and encourage the construction of the housing project, Sponsor
and the City enter into this Agreement.
G. The legal description of the Project is set forth in Exhibit A attached to this Agreement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Definitions.
1.1 "Authority" means the Michigan State Housing Development Authority.
1.2. "Annual Shelter Rent" means the total collections during an agreed annual
period from or paid on behalf of all occupants of a housing project representing rent or
occupancy charges, exclusive of Utilities.
1.3. "Contract Rents" means the total Contract Rents (as defined by the U.S.
Department of Housing and Urban Development in regulations promulgated pursuant to
Section 8 of the U.S. Housing Act of 1937, as amended) received in connection with the
operation of a housing project during an agreed annual period, exclusive of Utilities.
1.4. "Low Income Persons and Families" means persons and families eligible to
move into a housing project.
1.5 "Low Income Housing Tax Credits" means credits allocated under Section 42
of the Internal Revenue Code ("LIHTC")
1.6. "Mortgage Loan" means a Federally-Aided Mortgage or loan or grant made or
to be made by the Authority to the Sponsor for the construction and/or permanent financing of
the housing project, and secured by a mortgage on the housing project.
1.7. “Net Shelter Rent” means all collected rents on the subject project property
accounting for point-in-time vacancies.
1.8. "Sponsor" means HARBOR VIEW LIMITED DIVIDEND HOUSING
ASSOCIATION LLC, and any
entity that receives or assumes a Mortgage Loan.
1.9. "Utilities" means charges for gas, electric, water, sanitary sewer and other
utilities furnished to the occupants that are paid by the housing project.
2
1.9 “ Low Income" means persons and families whose head of household is income
eligible according to MSHDA income standards set by the AMI Limits for Muskegon County
PMSA.
2. Grant of Exemption. As contemplated and pursuant to the Act, the State Housing
Development Authority (the "Authority"), the City hereby grants an exemption from all ad valorem
property taxes attributable to the buildings which consist of rental units offered to eligible low-income
seniors and families as defined above.
3. Term of Exemption. This exemption shall continue for the period the housing units
remain subject to income and rent restrictions pursuant to Section 42 of Internal Revenue Service Codes
of 1986, as amended (IRS Codes), or the Authority Regulatory Agreement (the “Regulatory
Agreement”) not to exceed 25 years from the time MSHDA has issued an 8609 for the project. The
City agrees to be contractually bound by this Agreement to honor the exemption status of the proposed
project as provided herein and in this Agreement for the entire period during which the Project is
financed by the Authority is subject to the Regulatory Agreement, provided that the said Mortgage
Loan or the Regulatory Agreement continues outstanding as more particularly set forth in Section 82-
50(3)of the Ordinance, not to exceed 25 years from the time MSHDA has issued an 8609 for the
project.
4. Responsibilities of the Sponsor. The Sponsor agrees to perform the following:
4.1 The Sponsor shall pay the service charge and payment in lieu of all ad valorem
taxes on or before July 1, of each year during the time the exemption is in effect. The service
charge shall equal five percent (5%) percent of the Net Shelter Rent charged for all of the
LIHTC certified units in the Project for the preceding calendar year, exclusive of the utility
charges paid by the Project.
4.2 The Sponsor agrees to file all information required by the Ordinance and
further to meet its obligations to the Authority in connection with the Authority’s
administration of the low income housing tax credit program.
4.3 In lieu of the requirement to submit a statement of Annual Shelter Rent and/or
contract rents within 30 days after December 31, as required by the Ordinance, Sponsor shall
submit an annual audit by April 1st. If not timely filed, and 30 days after notice to Sponsor of
said delinquency, a penalty of 1.25% of the service charge shall be imposed. This penalty shall
be collectible in the same manner provided in Section 82-54 of the Ordinance.
5. Interpretation of Financing. The City agrees that the use of low income housing tax
credits constitutes financing of the loan by the Authority in fulfillment of the requirements of Section
82-50(3) of the Ordinance. [project will not be financed by an Authority loan but will have a
permanent loan secured by a mortgage which will meet the requirement]
6. Contractual Effect of Ordinance. Notwithstanding the provisions of section 15(a)(5)
3
of the Act to the contrary, a contract between the City and the Sponsor with the Authority as third
party beneficiary under the contract, to provide tax exemption and accept payments in lieu of taxes,
as previously described, is effectuated by enactment of this Ordinance.
4
7. Payment of Service Charge. The annual service charge in lieu of taxes as determined
under this Ordinance shall be payable in the same manner as general property taxes are payable to the
City and distributed to the several units levying the general property tax in the same proportion as
prevailed with the general property tax in the previous calendar year. The annual payment for each
operating year shall be paid on or before July lst of the following year. Collection procedures shall be
in accordance with the provisions of the General Property Tax Act (1893 PA 206, as amended; MCL
211.1, et seq.).
8. Limitation on the Payment of Annual Service Charge. Notwithstanding Section 3, the
service charge to be paid each year in lieu of taxes for the part of the housing project that is tax exempt
but which is occupied by other than Low Income Persons and Families as defined in section 1 shall be
equal to the full amount of the taxes which would be paid on that portion of the Project if the Project
were not tax exempt.
9. Counterparts. This Agreement may be executed in several counterparts and an executed
copy hereof may be relied upon as an original.
10. Binding and Benefit. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective heirs, administrators, personal representatives, successors and
assigns.
11. Effective Date. The effective date of this Agreement is the date that Sponsor or its
assignee completes construction and receives a temporary or permanent certificate of occupancy from
the City for the Property.
12. Severability. The various sections and provisions of this Agreement shall be deemed
to be severable, and should any section or provision of this Agreement be declared by any court of
competent jurisdiction to be unconstitutional or invalid the same shall not affect the validity of this
Agreement as a whole or any section or provision of this Agreement, other than the section or provision
so declared to be unconstitutional or invalid.
13. Inconsistent Ordinances. All ordinances or parts of ordinances inconsistent or in
conflict with the provisions of this Agreement are of no effect to the extent of such inconsistency or
conflict.
14. Choice of Law; Venue. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the State of Michigan. The
parties agree that for purposes of any dispute in connection with this Agreement, the Muskegon County
Circuit Court shall have exclusive personal and subject matter jurisdiction and venue.
IN WITNESS WHEREOF, the parties have signed this Agreement on the following page, on
the dates indicated.
5
CITY OF MUSKEGON
By:
Ken Johnson
Its: Mayor
Dated:
By:
Ann Meisch
Its: City Clerk
Dated:
HARBOR VIEW LIMITED DIVIDEND HOUSING
ASSOCIATION LLC,
a Michigan limited liability company
By: PHP Harbor View LLC,
an Ohio limited liability company
Its: Managing Member
By: Pivotal GP Holding LLC,
a Georgia limited liability company
Its: Sole Member
By:
Name:
Its: Authorized Signer
EXHIBIT A
LEGAL DESCRIPTION
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 331 EX ELY 59 FT
TH'OF ALSO EX N 175 FT
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 24, 2023 Title: Pivotal Development Harbor View
Family/Workforce Housing Municipal Services
Agreement
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: City Staff has negotiated and reviewed a Payment in Lieu of Taxes and Municipal
Services agreement for commission consideration for a new construction 46-unit workforce/family
affordable housing complex at and around 122 East Muskegon Avenue.
Detailed Summary & Background: Pursuant to our 5 Year Housing Needs Assessments call for
over 1,000 rental units priced under $1,430 a month, staff has made overtures and established
relationships with several new and existing LIHTC developers. Pivotal Development is one of the
largest Low Income Housing Development Tax Credit developers in the Midwest, and are seeking
to complete their first Muskegon area project with the Harbor View Lofts. This site will support 46
affordable workforce apartments.
Pivotal is seeking a Municipal Services Agreement equal to 3% of net shelter rents. This should
equal roughly $10,800 per year for the city to keep to defray costs of public service delivery to the
site. Pivotal is also requesting a 5% Payment in lieu of Taxes Agreement, which is detailed in
another agenda item in the packet.
Goal/Focus Area/Action Item Addressed: Goal 2.1: Diverse Housing Types, Goal 4.3 Increased
Revenue
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): N/A Budget Amendment Needed:
Yes No N/A
Recommended Motion: Motion to approve the Municipal Services Agreement with HARBOR VIEW
LIMITED DIVIDEND HOUSING ASSOCIATION LLC and authorize the mayor and clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
MUNICIPAL SERVICES AGREEMENT
THIS MUNICIPAL SERVICES AGREEMENT (“Agreement”) is entered into on
this___ day of O c t o b e r , 2023 between HARBOR VIEW LDHA LLC , a
Michigan limited liability company its successors and/or assigns (the “Developer”) and
the CITY OF MUSKEGON, 933 Terrace Street, Muskegon, MI 49440 (the “City”) is
made pursuant to the following terms:
RECITALS
A. Developer has assumed an agreement to purchase a site in the City of Muskegon
known as 122 W. Muskegon Avenue for the construction of a proposed low-income housing
project (the “Project”).
B. The parties recognize that due to the high concentration of persons residing at
the Project that the City will be providing a higher level and greater amount of Municipal Services
(as defined in this Agreement) to the Project.
C. The City, through its Police and Fire Departments and otherwise, provides
Municipal Services within the City. The Project will have special needs for these types of
Municipal Services and Developer acknowledges that such needs may be greater than typically
situated residential developments.
D. The Developer desires to guarantee that certain Municipal Services will be provided
to the Project during the term that the Payment in Lieu of Tax (hereinafter referred to as the
“Contract for Housing Exemption”) Ordinance for this Project is in place, such Municipal Services
to include, but not be limited to:
1. Emergency services, including police and fire services specifically administered
through the City, and, on public streets and sidewalks, maintenance, repair, snow removal,
and street lighting; also to include other matters as the City deems necessary;
2. Other miscellaneous services as may, from time to time, be mutually agreed to for
the benefit of the Project;
3. Said municipal services shall be provided in the customary way and in accordance
with all laws, rules and regulations of the United States of America, State of Michigan,
County of Muskegon and City of Muskegon or other applicable jurisdictions or bodies.
(All of the above collectively referred to as “Municipal Services”)
4. Nothing in this Agreement shall be deemed to waive any defense to claims based
on sovereign or governmental immunity.
AGREEMENT
The parties agree as follows:
1. Provision of Services. The City will provide the Municipal Services.
2. Payment. The Developer shall pay a service charge on or before July 1, of each
year during the time the CONTRACT FOR HOUSING EXEMPTION is in effect (the “Municipal
Service Fee”). The Municipal Service Fee shall be three (3%) percent of the net rent adjusted for
vacancies received annually, excluding project paid utilities, starting during the calendar year that
a unit in the Project is placed in service. The first year shall be pro-rated based on that portion of
the City’s fiscal year (July 1 – June 30) that any unit is ready to be placed in service.
3. Term. Payment for Municipal Services shall commence during the calendar year
the CONTRACT FOR HOUSING EXEMPTION Ordinance becomes effective and continue for
as long as the CONTRACT FOR HOUSING EXEMPTION is in effect.
4. Audit. Developer shall submit, upon request, a copy of the annual audit of the
Project prepared by an independent CPA’s along with the payment of the Municipal Service Fee.
5. Exclusive Benefit. The obligations of the Developer hereunder are imposed solely
and exclusively for the benefit of the City and no other person or entity shall have the standing to
enforce such obligations or be deemed to be beneficiaries of such obligations.
6. Remedies. The Developer agrees that if it does not perform its obligations under
this Agreement the City is entitled to pursue any and all remedies legal or equitable that it is entitled
to under Michigan law. The Developer agrees to be liable for all costs of collection including
reasonable attorney's fees and costs incurred by the City in the enforcement of the terms of this
Agreement, if Developer is found to be in default of this Agreement by a court of competent
jurisdiction.
7. Assignment. Upon the written consent of the City, the Developer may transfer or
assign its rights and obligations under this Agreement to a buyer (“Transferee”) of the Project. The
Transferee must agree to assume the Developer’s obligations under this Agreement and the
Development Agreement which has been executed by the Developer with the City. Upon
assignment and assumption of this Agreement by the Transferee (or an affiliate, as provided
below), the Developer shall be relieved of any further liabilities or obligations accruing under this
Agreement or the Development Agreement. Notwithstanding the foregoing, the Developer may
assign this Agreement, without the written consent of the City, to an affiliate of Developer
(provided that such affiliate agrees to assume the Developer's obligations hereunder and provided
that the Developer and assignee give prior notice of the assignment to the City with evidence that
the assignee has agreed to assume the obligations of the Developer).
8. Severability. If any term or condition of this Agreement is found to be void,
invalid, or unenforceable, the validity or enforceability of the remaining terms and conditions shall
not be affected or impaired and will continue in full force and effect.
9. Notices. All notices under this Agreement must be in writing and sent to the
respective parties as follows:
If to Developer:
Harbor View Limited Dividend Housing Association LLC
9100 Centre Pointe Drive, Suite 210
West Chester, Ohio 45069
Attn: Nick McKee
If to the City:
City of Muskegon
Attn: City Manager
933 Terrace Street
Muskegon, MI 49440
Every notice must be in writing and sent by one of the following methods:
a. Personal delivery, in which case delivery shall be deemed to occur the day of the
delivery;
b. Certified or registered mail, postage prepaid, return receipt requested, in which case
delivery shall be deemed to occur the day it is officially recorded by the U.S. Postal Service
that is has delivered it to the intended recipient; or
c. Next day delivery by a recognized private delivery service such as Federal Express,
providing proof of mailing and delivery comparable to certified or registered mail, return
receipt requested, in which case delivery shall be deemed to occur upon delivery as
recorded by the delivery service.
Either party may change the address provided in this paragraph for itself or its attorney by
providing notice of such change to the other party as required in this paragraph.
10. No Waiver. No delay, omission, or failure of the City to act under this Agreement
or to insist upon strict compliance with any term and condition of this Agreement, and no custom
or practice of the parties at variance with the terms and conditions of this Agreement shall
constitute a waiver of City’s right to demand exact compliance with this Agreement. No waiver
of any right or remedy of City shall be construed as a bar to or a waiver of any such right or
remedy on any future occasion.
11. Headings. The headings in this Agreement have only been inserted for
convenience and shall not affect the meaning or interpretation of this Agreement. No heading
shall have any legal significance of any nature whatsoever.
12. Binding Effect. This Agreement shall be binding on the parties, their heirs,
successors, and assigns.
13. Amendments. There shall be no modification or amendments to this Agreement,
including this section, unless they are in writing and signed by all the parties to this Agreement.
14. Governing Law. This Agreement has been executed in the State of Michigan, and
shall be governed by Michigan law.
15. Complete Agreement. This Agreement contains the entire agreement between
the parties and supersedes all prior oral or written representations, negotiations and agreement on
the subject matter stated herein.
{Signatures on next page}
Municipal Services Agreement
Signature Page
IN WITNESS WHEREOF, this Municipal Services Agreement is executed as of the day and year
first written above.
CITY:
CITY OF MUSKEGON
Dated: _____________, 2023 By:
Ken Johnson, Mayor
Dated: _ ___________, 2023 By:
Ann Meisch, City Clerk
DEVELOPER:
HARBOR VIEW LIMITED DIVIDEND HOUSING
ASSOCIATION LLC,
a Michigan limited liability company
By: PHP Harbor View LLC,
an Ohio limited liability company
Its: Managing Member
By: Pivotal GP Holding LLC,
a Georgia limited liability company
Its: Sole Member
By:
Name:
Its: Authorized Signer
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 24, 2023 Title: Froebel School Sales Agreement to
Samaritas
Submitted By: Jake Eckholm Department: Development Services
Brief Summary: City staff is proposing a sale of Froebel School, located at 417 Jackson Street, to
Samaritas for $1,000.00 contingent on the award of Low Income Housing Tax Credits for their
proposed adaptive reuse development at the site.
Detailed Summary & Background:
City staff have worked with Samaritas and our legal counsel to draft the attached purchase
agreement. Note the amount is very nominal, but given the amount of damage to the building and
remediation necessary we feel it represents a reasonable market value. The replacement value of
the building is likely exceeded by the needed repairs, and if it weren’t for the prospect of doing an
affordable housing project on the site and the potential for federal Low Income Housing Tax
Credits to offset the project we would not be able to convey the building at all.
Given the extensive likely presence of asbestos and other remediation-worthy materials along with
the large substructure, our early estimates on removal of the building are very cost prohibitive. This
low purchase price presents an opportunity to save the building for a high priority adaptive reuse
and simultaneously avoid our current carried costs and potential future demolition expenses.
Goal/Focus Area/Action Item Addressed: Goal 1.4 Improved Public Spaces, Goal 2.1 Increased
Housing Variety Goal 4.3 Increased Revenue
Amount Requested: $0 Budgeted Item:
Yes No N/A
Fund(s) or Account(s): TBD Budget Amendment Needed: No
Yes No N/A
Recommended Motion: Motion to approve the Sales Agreement for 417 Jackson to Samaritas for
$1,000.00 as presented.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
BUY AND SELL AGREEMENT
FOR VACANT LAND
Office of ____________________NAI Wisinski of West Michigana_, Broker, ___________Grand
Rapids_________________(city), Michigan Phone: ____616-292-1828___
Fax: 616-776-0101____________
Email: [email protected]_____________________________________ Offer Date: __8/14/2023____________,_________(time)
1. Agency Disclosure. The undersigned Buyer and Seller each acknowledge the Broker named above is acting as (choose one):
Subagent of the Seller X Agent of the Buyer Dual Agent (with written, informed consent of both Buyer and Seller) Other
(specify): ____________________________________
2. Buyer’s Offer. The undersigned Buyer hereby offers and agrees to purchase property located in the City of Muskegon, County, Michigan,
Commonly known as 417 JACKSON AVE, MUSKEGON, MI 49442. Permanent Parcel Number 61-24-205-024-0001-00 and legally described as
follows:
(the “Land”), together with all fixtures and improvements situated on the Land (the “Improvements”), all of which is collectively referred to herein as
the “Premises”, except the following:
CITY OF MUSKEGON REVISED PLATE OF 1903 BLKS 25 & 26 ALSO BLK 27 EXCEPT LOTS 6 & 7 ALSO BLK 24
3. Purchase Price. The purchase price for the Property is: ONE THOUSAND Dollars ($1,000.00).
4. Payment of Purchase Price and Financing. Complete subparagraph “A” and subparagraph “B”.
Terms of Payment. The purchase price shall be paid at the closing by Buyer to Seller as indicated by “X” below (mark one box or the other under
this subparagraph “A”).
X Cash. Buyer shall pay the full purchase price to Seller upon execution and delivery of Quit Claim Deed and performance by Seller of
the closing obligations specified in this agreement.
Land Contract. Buyer shall pay the full purchase price to Seller pursuant to the terms and conditions stated in the Commercial Alliance of
REALTORS® Land Contract form, unless the parties mutually agree upon a different form of land contract, upon performance by Seller of
the closing obligations specified in this Agreement. The Land Contract shall provide a down payment of $____________________ and
payment of the balance $______________________ in ____________ installments of $____________________ or more, at Buyer’s
option, including interest at the rate of _______% per annum computed monthly, interest to start on date of closing, and first payment to
become due ____________ after date of closing. The entire unpaid balance will become due and payable _____________________
months after closing. Seller understands that consummation of the sale or transfer of the Premises shall not relieve Seller of any liability
that Seller may have under the mortgage(s) to which the Premises are subject, unless otherwise agreed to by the lender or required by law
or regulation.
Financing. Indicate by an “X” below which applies (mark one box or the other under this subparagraph “B”).
No Financing Contingency. Buyer’s obligation to purchase the Premises is not contingent upon Buyer obtaining financing for all or any
portion of the purchase price.
X Financing Contingency. Buyer’s obligation to purchase the Premises is contingent upon Buyer obtaining financing for the purchase of the
Premises that is acceptable to Buyer, in Buyer’s sole and absolute discretion, within March 31, 2026 (____) days of the Effective Date of
this Agreement (the “Financing Contingency Period”). Buyer agrees to diligently pursue in good faith obtaining financing for the purchase of
the Premises Buyer is obligated to apply for low income housing tax credits in 2023 and if necessary 2024. . If after making such diligent
effort Buyer fails to obtain financing for the purchase of the Premises that is acceptable to Buyer within the Financing Contingency Period,
then Buyer may terminate this Agreement without liability and receive a refund of any deposit by delivering a written notice of termination to
Seller in accordance with this Agreement within the Financing Contingency Period. If Buyer does not deliver a written notice of termination
to Seller within the Financing Contingency Period, then Buyer shall be deemed to have waived this financing contingency.
5. Survey. In addition, (select one of the following):
X A new survey:
ALTA showing all easements of record, improvements and encroachments, if any, and completed to the most current
ALTA/NSPS Land Title Survey minimum requirements; or
X boundary survey with iron corner stakes and with all easements of record, improvements and encroachments, if any; or
A recertified survey; or
No new or recertified survey;
shall be X obtained by Buyer at Buyer’s expense; or provided by Seller to Buyer at Seller’s expense, within Ninety (90) days after the title
insurance commitment referenced in this Agreement has been provided by Seller to Buyer under the terms of Title Insurance paragraph
contained in this Agreement. If Seller is responsible to provide a new or recertified survey under this paragraph and fails to do
Property Address___417 Jackson Ave______________________________________________
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so within the required time, then Buyer may order the required survey at Seller’s expense. If any matter disclosed in the new or recertified survey (or
absent either, an existing survey) adversely and materially affects the value of the Premises or Buyer’s intended use of the Premises, Buyer shall give
seller written notice of the matter within ten (10) days after copies of both such survey and the title commitment (and all exception documents identified
in the title commitment) referenced in this written Agreement are delivered to Buyer. If Seller fails to cure the matter within ten (10) days of receiving
notice (the “Survey Cure Period”), Buyer shall have the right to terminate this Agreement by giving Seller written notice within ten (10) days
after the expiration of the Survey Cure Period, otherwise Buyer’s right to terminate this Agreement pursuant to this paragraph shall be deemed to
have been waived. Other:
6. Title Insurance. At Seller’s expense, Seller shall provide Buyer with a standard ALTA owner’s policy of title insurance in the amount of the purchase
price, effective as of the date of closing. A commitment to issue such policy insuring marketable title (as defined in this Agreement) vested in Buyer,
including a tax status report, shall be ordered within seven (7) days after the Effective Date, and shall be delivered, with copies of all title exception
documents, as soon as feasible thereafter. (Note that some title commitments do not report on the status of oil, gas, or mineral rights.)If any matter
disclosed by the title commitment adversely and materially affects the value of the Premises or Buyer’s intended use of the Premises, Buyer shall
give Seller written notice of the matter within ten (10) days after copies of both the title commitment (and all exception documents identified in the title
commitment) and survey referenced in this Agreement are delivered to Buyer. If Seller fails to cure the matter within thirty (30) days of receiving
written notice (the “Title Commitment Cure Period”), Buyer shall have the right to terminate this Agreement by giving Seller written notice within ten
(10) days after the expiration of the Title Commitment Cure Period, otherwise Buyer’s right to terminate this Agreement pursuant to this paragraph
shall be deemed to have been waived. Other:
7. Inspections. By signing this Agreement, Buyer is representing that the Buyer is aware that professional services are commercially available at a fee
by experts selected by Buyer. The Buyer has elected to arrange and pay for services/investigations, including, but not limited to, the following: No
Inspections X Soil Borings X Zoning X Site Plan Approval X Utilities X Permitting Other (specify):
The Buyer shall have the right to terminate this Agreement if the due diligence results are not acceptable to the Buyer by giving Seller written notice
within _one hundred twenty , (120) days after the Effective Date of this Agreement, otherwise the right to terminate shall be deemed to have been
waived. Buyer agrees that Buyer is not relying on any representation or statement made by Seller or any real estate salesperson (whether made
intentionally or negligently) regarding any aspect of the Property or this sale transaction, except as may be expressly set forth in this Agreement, a
written amendment to this Agreement, or a disclosure statement separately signed by the Seller. Accordingly, Buyer agrees to accept the Property
“as is” and “with all faults” (whether obvious or concealed) except as otherwise expressly provided in the documents specified in the preceding
sentence. Other:
8. Closing Adjustments. The following adjustments shall be made between the parties by the close of business on the closing date, with Buyer
receiving a credit or assuming responsibility, as the case may be, for amounts attributable to time periods following the closing date: a. Prepaid rent
and Additional Rent (as defined in the paragraph);
b. Interest on any existing indebtedness assumed by Buyer;
c. Charges for any transferable service contracts assigned to Buyer described in Exhibit D;
d. Utility deposits;
e. Security deposits;
h. Additional Rent (as defined below).
If any tenant is late, delinquent or otherwise in default in the payment of rent on the closing date, Seller shall assign to Buyer the claim for and the right
to collect the rent; Buyer shall pay such past due rent to Seller promptly upon receipt; but Buyer shall not be obligated to file suit to collect such rent
and shall reassign the claim to Seller on demand. If any tenants are required to pay percentage rent, charges for real estate taxes, insurance, common
area maintenance expenses, or other charges of a similar nature (“Additional Rent”), and any Additional Rent is collected by Buyer after closing
attributable in whole or in part to any period prior to closing, Buyer shall promptly pay to Seller Seller’s proportionate share of the Additional Rent. Other:
Property Address__417 Jackson Ave_______________________________________________
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9. Special Assessments, and deferred assessments, whether due in installments or otherwise, which are due and payable on or before the closing shall
be paid by the Seller. All other special assessments, including deferred assessments, for improvements, now installed, not yet installed, or in the process
of being installed, that are first due and payable after the closing shall be paid by Buyer. Other:
10. Conveyance. Upon performance by Buyer of the closing obligations specified in this Agreement, Seller shall convey the marketable title to the Property
to Buyer by Quit Claim deed or agree to convey marketable title by land contract or assignment, as required by this Agreement, including oil, gas and
other mineral rights owned by Seller, if any, subject only to existing zoning ordinances, and the following matters of record: building and use restrictions,
easements, oil and gas leases, and reservations, if any. As used herein, “marketable title” means marketable title within the meaning of the Michigan
40-Year Marketable Title Act (Mich. Comp. Laws §§ 565.101 et seq.).
The following paragraph applies only if the Property includes unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) any/all division(s) under Section 108 (2), (3) and (4) of the Michigan Land
Division Act. (if no number is inserted, the right to make divisions under the sections referenced above stays with any remainder of the parent parcel
retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the number stated; however, Seller and/or Broker do not
warrant that the number of divisions stated is actually available.) If this sale will create a new division, Seller’s obligations under this Agreement are
contingent on Seller’s receipt of municipal approval, on or before closing of sale (date), of the proposed division to create the Premises. Other:
11. Warranties of Buyer. Except as otherwise provided or acknowledged in this Agreement, Buyer represents to Seller as follows: a. The performance
of the obligations of Buyer under this Agreement will not violate any contract, indenture, statute, ordinance, judicial or administrative order or judgment
applicable to Buyer.
b. There is no litigation or proceeding pending, or to Buyer’s knowledge threatened, against or involving Buyer, and Buyer does not know or have reason
to know of any ground for any such litigation or proceeding, which could have an adverse impact on Buyer’s ability to perform, or Seller’s interests,
under this Agreement.
c. In entering into this Agreement, Buyer has not relied upon any written or verbal representations made by Seller or any representative of Seller, including
any real estate salesperson, regarding the Property or any aspect of this transaction, which are not expressly set forth in this Agreement.
d. Other:
12. Warranties of Seller. Except as otherwise provided or acknowledged in this Agreement, Seller represents to, and agrees with Buyer as follows:
a. Seller’s interest in the Property shall be transferred to Buyer on the closing date, free from liens, encumbrances and claims of others. b. The
performance of the obligations of Seller under this Agreement will not violate any contract, indenture, statute, ordinance, judicial or administrative
order or judgment applicable to Seller or the Property.
c. There is no litigation or proceeding pending or to Seller’s knowledge threatened against or involving Seller or the Property, and Seller does not
know or have reason to know of any ground for any such litigation or proceeding which could have an adverse impact on Seller’s ability to
perform under this Agreement or that could adversely affect Buyer’s title or use of the Property.
d.
e. If a statement(s) of income and expense with respect to the operation of the Property is (are) described in Exhibit B, such statement(s) is (are)
accurate for the period(s) designated in the statement(s).
f. The information concerning written leases and tenancies not arising out of written leases described in Exhibit B is accurate as of the Effective Date,
and there are no leases or tenancies with respect to the Premises other than those described in Exhibit B (the “Leases”). The warranties in this
paragraph do not apply to oil and gas leases, if any. Except as otherwise described in the documents that will be delivered pursuant to the index
of Exhibits:
(1) All of the Leases are in full force and effect, no party thereto is in material default thereunder, and none of them have been modified,
amended, or extended beyond what will be delivered per Exhibit B; with respect to renewal or extension options, options to purchase the
Premises, advance payments in excess of one month, common area maintenance and utility fees, and security deposits, these items are
set forth in the written leases described in Exhibit B.
(2) The rents set forth are being collected on a current basis and there are no arrearages;
(3) No real estate brokerage commission will become owing in the event of any tenant’s exercise of any existing option to renew the term of
any lease or purchase of the Premises.
g. With respect to underlying land contracts or mortgages, the sale will not accelerate indebtedness, increase interest rates, or impose penalties
and sanctions.
h. Seller is without personal knowledge as to the presence on the Property of any toxic or hazardous substances or of any underground storage
tanks.
i. Other: Pers knowledge limited to City of Muskegon without investigation
Property Address___417 Jackson Ave______________________________________________
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13. Damage to Business. If between the Effective Date and the closing date, all or any part of the Property is damaged by fire or natural elements or
other causes beyond Seller’s control that cannot be repaired prior to the closing date, or any part of the Property is taken pursuant to any power of
eminent domain, Seller shall immediately notify Buyer or such occurrence, and either Seller or Buyer may terminate this Agreement by written notice
to the other within fifteen (15) days after the date of damage or taking. If neither elects to terminate this Agreement, there shall be no reduction in the
purchase price and, at closing, Seller shall assign to Buyer whatever rights Seller may be with respect to any insurance proceeds or eminent domain
award.
14. Closing. The closing shall be held on or before March 31, 2026 (date) and as promptly as practical after all necessary documents
have been prepared. An additional period of fifteen (15)days shall be allowed for closing to accommodate delays in title work or the correction of
title defects and/or survey problems which can be readily correctable, delays in obtaining any required inspections, surveys or repairs, delays in
completing Environmental Site Assessments, Baseline Environmental Assessment or Due Care Plan/Section 7a Compliance Analysis (if such
assessments or plans were ordered in a timely manner), or if the terms of purchase require participation of a lender and the lender has issued a
commitment consistent with the requirement but is unable to participate in the closing on or before the required date. Other:
15. Possession. Seller shall tender to Buyer possession of the Property upon completion of the closing, subject to all existing leases and rights of
tenants in possession. Other:
16. Seller’s Closing Obligations. At closing, Seller shall deliver the following to Buyer:
a. The Quit Claim deed, land contract or assignment of land contract required by this Agreement.
b. A bill of sale for any Personal Property (described in Exhibit “D”).
c. A written assignment by Seller of Seller’s interest in all leases and a transfer to Buyer of all security deposits, accompanied by the original or a true
copy of each lease.
d. An assignment of all Seller’s rights under any Service Contracts described in Exhibit C which are assignable by their terms and which Buyer wishes
to assume, together with an original or true copy of each Service Contract assigned.
e. A notice to any tenants advising the tenants of the sale and directing that future payments be made to Buyer. f. An accounting of operating expenses
including, but not limited to, CAM, taxes, insurance and Additional Rent, collected in advance or arrears, spent or not yet spent by Seller, showing an
accurate allocation between the parties pursuant to the leases. g. Payment of the County and State real estate transfer tax.
h. Any other documents required by this Agreement to be delivered by Seller.
17. Buyer’s Closing Obligations. At closing, Buyer shall deliver to Seller the following:
a. The cash portion of the purchase price specified in this Agreement shall be paid by cashier’s check or other immediately available funds, as
adjusted by the apportionments and assignments in accordance to this Agreement.
b. A written assumption by Buyer of the obligations of Seller under the leases arising after closing, including an acknowledgement of the receipt of all
security deposits.
c. Any other documents required by this Agreement to be delivered by Buyer.
18. 1031 Tax Deferred Exchange. Upon either party’s request, the other party shall cooperate and reasonably assist the requesting party in structuring
the purchase and sale contemplated by this Agreement as part of a tax deferred, like-kind exchange under Section 1031 of the Internal Revenue
code of 1986, as amended; provided, however, that in connection therewith, the non-requesting party shall not be required to (a) incur any additional
costs or expenses; (b) take legal title to additional real property (i.e. the requesting party’s “replacement property” or “relinquished property”); or
(c) agree to delay the closing.
19. Notices. Any notice required or permitted to be given hereunder shall be deemed to have been properly given, if in writing and delivered to the parties
at the addresses shown below, and shall be deemed received (a) upon delivery, if delivered in person or by facsimile transmission, with receipt
thereof confirmed by printed facsimile acknowledgement, (b) one (1) business day after having been deposited for next day overnight delivery with
a nationally recognized overnight courier service, (c) two (2) business days after having been deposited in any U.S. post office or mail depository
and sent by certified mail, postage paid, return receipt requested, or (d) upon sending, if sent by email (with a confirmation copy sent the same
day by overnight delivery).
20. Authority of the Parties. Each of the undersigned individuals who have signed this Agreement on behalf of Seller and Buyer entities represent and
warrant that he/she is authorized to sign this Agreement on behalf of such party and to bind such party to the requirements of this Agreement.
21. Additional Acts. Buyer and Seller agree to execute and deliver such additional documents and to perform such additional acts after the closing as
may become necessary to effectuate the transfers contemplated by this Agreement.
22. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the sale of the Property. All contemporaneous or prior
negotiations have been merged into this Agreement. This Agreement may be modified or amended only by written instrument signed by the parties
to this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan.
23. Earnest Money. Buyer shall deposit $ 0_________________________ with __not applicable___________________________, Escrow Agent, [insert
name of Broker, Title Company or other] with this offer or X within _ten_________________(_10____)days after acceptance of this offer,
evidencing Buyer’s good faith, to be held by the Escrow Agent and to apply to the purchase price or the down payment portion thereof where
applicable. If this offer is not accepted, or the title is not marketable, or if the purchase is contingent upon conditions specified that cannot be met,
this deposit shall be promptly refunded. If the Buyer defaults, all deposits made may be forfeited as liquidated damages at Seller’s election, or
alternatively, Seller may retain the deposits as part payment of the purchase price and pursue Seller’s legal or equitable remedies against Buyer.
If the sale is not closed according to its terms, the selling Broker may notify Buyer(s) and Seller(s) of Escrow Agent’s intended disposition of earnest
deposit, and all parties shall be deemed to have agreed to the disposition of the earnest money deposit unless Escrow Agent is notified of a court
action pending concerning this sale or disposition of earnest money within thirty (30) days after notice to the parties.
Property Address__417 JACKSON AVE_______________________________________________
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24. Disclosure of Price and Terms. The purchase price and the terms of this sale may be disclosed by the Commercial Alliance of REALTORS®
Multiple Listing Service (CARWM) in the ordinary conduct of its business. Deletion of this paragraph shall not be considered a counter offer that would
require a counter acceptance.
25. Credit Reports. Buyer consents that, if not otherwise prohibited, the Broker(s) may give Seller information about the Buyer contained in a
credit report that may be furnished to the Broker(s) by a credit reporting agency.
26. Advice of Counsel. Buyer acknowledges that the Broker has recommended that the parties retain an attorney or attorneys to review the terms of
this Agreement.
27. Environmental.
A. Notice to buyers and sellers (environmental risks).
Whenever real property is acquired or occupied, the buyer incurs some degree of risk with regard to potential environmental contamination and/or
protected natural resources on the property. Various federal, state, and local laws may impose liability upon the buyer for the remediation of the
contamination even though the buyer did not cause it, or may restrict the buyer’s ability to fully develop or utilize the property. Such risk can be
minimized through the performance of environmental due diligence. Additionally, sellers are advised that they may have an obligation to provide
certain environmental information and/or disclosures to prospective buyers. The failure to provide such information or disclosures may subject a
seller to potential liability or result in the loss of certain liability protections.
No real estate brokers/salespersons in this transaction possess the expertise necessary to assess the nature or extent of these environmental
risks or to determine the presence of environmental contamination or protected natural resources. The real estate brokers/salespersons involved
in this transaction do not make independent investigations as to environmental contamination or protected natural resources with respect to any
property, and they make no representations regarding the presence or absence, now or in the past, of environmental contamination. It is therefore
prudent for each party to this transaction to seek legal and technical counsel from professionals experienced in environmental matters to provide
an evaluation of the environmental risks associated with the transaction.
B. Environmental reports and assessments.
(1) Within _thirty__________(_30___) days of the Effective Date, Seller shall deliver to Buyer copies of any existing reports, data, plans, permits,
notices and/or information in Seller’s possession to the knowledge of City of Muskegon without investigation relating to environmental matters
pertaining to the Premises (“Seller’s Environmental Documents”).
(2) Buyer shall have a period of __ninety__________(_90__) days after the Effective Date to evaluate environmental matters relating to the Premises
(“Environmental Due Diligence Period”). Buyer and Buyer’s agents shall have the right to enter upon the Premises during the Environmental
Due Diligence Period during reasonable business hours for the purpose of conducting, at Buyer’s expense, any environmental assessments
of the Premises that Buyer deems appropriate, which assessments may include, but shall not be limited to, a Phase I Environmental Site
Assessment, Transaction Screen, and/or evaluation of other regulated conditions or matters such as wetlands, asbestos containing materials,
mold, or lead based paint (“Environmental Assessments”). The Environmental Assessments may not include the collection or analysis of
samples of soil, groundwater, soil gas, indoor air, surface water, building components or any other environmental medium unless Buyer
obtains prior written consent from Seller, which consent shall not be unreasonably withheld, delayed or conditioned. Buyer agrees that the
Environmental Assessments shall not unreasonably interfere with the rights of Seller or any tenants in possession and Seller agrees to
reasonably cooperate and to request that its tenants reasonably cooperate with the Environmental Assessments.
(3) Buyer shall have the right to terminate this Agreement if Seller’s Environmental Documents or the Environmental Assessments are not acceptable
to Buyer by delivering written notice to Seller prior to the expiration of the Environmental Due Diligence Period. If Buyer determines that any
additional environmental due diligence activities (including, but not limited to, any additional environmental investigations, reports, approvals
or permits) are warranted, then Buyer may provide Seller with a proposed amendment to this Agreement to extend the Environmental Due
Diligence Period to allow Buyer to conduct such activities. If Buyer does not deliver a termination notice or proposed amendment to Seller
prior to the expiration of the Environmental Due Diligence Period, then Buyer shall be deemed to have waived any objections to environmental
matters relating to the Premises. If Buyer provides Seller with a proposed amendment to this Agreement, then Seller shall have a period of
__thirty__________(_30___) days to execute or negotiate mutually acceptable terms for such amendment, otherwise Buyer may, but shall
not be obligated to, terminate this Agreement by delivering written notice to Seller with two (2) days after Seller’s deadline for executing or
negotiating an amendment to this Agreement.
(4) If the Environmental Assessments cause any damage to the Premises, Buyer agrees to reasonably restore the Premises to the condition that
existed prior to such damage. The restoration obligation does not require the remediation of any existing environmental condition. Buyer shall
indemnify, defend and hold Seller and Broker harmless from and against any damage to persons or property caused by Buyer or Buyer’s
agents in conducting the Environmental Assessments.
C. Nondisclosure.
(1) If Seller’s Environmental Documents or the Environmental Assessments identify the Land as a “facility” as defined in Part 201 of Michigan’s
Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended (“NREPA”) or a “site” as defined in Part 213 of
NREPA, then Buyer may conduct a Baseline Environmental Assessment (“BEA”) and/or a Due Care Plan (“DCP”); provided, however, that
Buyer may not submit or otherwise disclose such BEA, DCP, or similar report (e.g., a response activity plan) to the Michigan Department of
Environmental, Great Lakes, and Energy prior to closing unless Buyer obtains prior written consent from Seller.
(2) If Buyer exercises its right to terminate this Agreement pursuant to subparagraph b(3) above, Buyer shall not disclose Seller’s Environmental
Documents or the Environmental Assessments to any third party unless required by mandatory disclosure pursuant to legal process. At
Seller’s request, Buyer shall provide copies of any Environmental Assessments to Seller.
D. Other:
Property Address__417 Jackson Ave_______________________________________________
©Commercial Alliance of REALTORS®, 2019/2020
Revision Date 5/2019
Buyer’s Initials Seller’s Initials
Buy and Sell Agreement for Vacant Land Page 6 of 7
28. Brokerage Fee. Seller and/or Buyer agree(s) to pay the broker(s) involved in this transaction a brokerage fee as specified in any agency agreement
or other written agreement between them. In the event no such agreement exists, Buyer X Seller agrees to pay a brokerage fee
of __$0.00____________________________________________. This brokerage fee shall be paid in full promptly after it is earned, but not later
than closing. Unless otherwise previously agreed, Buyer and/or Seller agree(s) that the brokerage fee may be shared by the recipient with any
cooperating broker who participates in the sale, in such amount as the recipient decides, without further disclosure to or consent from Buyer and/or
Seller. Seller and Buyer agree that the broker(s) involved in this transaction is/are an intended third party beneficiary entitled to enforce the
obligation set forth herein to pay the brokerage fee. Other:
29. Other Provisions:
A) Ofer is contingent upon:
1. Site Plan approval of Buyer’s prepared site plan by the municipality.
2. Samaritas development partner to obtain MSHDA approval of LIHTC funding not later than March 31, 2026, in the event of any of
the contingencies are not properly satisfied at the Buyer’s sole discretion, then Buy/Sell is null and void and Buyer has no further obligation
under the Buy/Sell agreement and Buyer’s Earnest Money deposit is returned immediately.
B) Seller to provide copies of all available site plan engineering reports.
C) Buyer may freely assign this purchase agreement to a related entity of its choice for the purpose of developing affordable housing.
D) Buyer to share all testing reports generated during the due diligence period in the event buyer does not purchase the property
E) Property/Building is sold “As Is”
32. Time. Time is of the essence in this Agreement. In any case where a date for performance by either party or a deadline falls on a Saturday, Sunday
or federal government holiday, the time for performance or the deadline, as applicable, shall automatically extend until 11:59 p.m. on the next business
day. As used in this Agreement, a “business day” shall mean a day other than Saturday, Sunday or a federal government holiday. All other references
to “days” in this Agreement shall refer to calendar days. The term “Effective Date” as used in this Agreement shall be the date upon which this
Agreement is fully executed (as described below).
30. Index of Exhibits. Seller to furnish within ____________(____) days from Effective Date unless specified below:
Not Attached Exhibit Subject Exhibit to be
Applicable # furnished within
_30___ number
of days
X A Disclosure Regarding Real Estate Agency Relationships
X B Income and Expense with respect to the operation of the Premises
X C Written leases and any tenancies not arising out of written leases
X D Service Contracts
X F Addendum
31. By signing below, Buyer acknowledges having read this Agreement and authorizes delivery of this Agreement to Seller. If this Agreement is
signed by Seller without any modifications, the date Seller signs becomes the Effective Date. Buyer gives Broker above named until
_____5pm___________________(time) ___10 days after offer date_______________________________________________________(date) to
obtain Seller’s written acceptance of the Buyer’s offer.
Buyer: ___Pinnacle Ventures, LLC___________________________ Buyer: _____________________________________________
(print name o individual or entity) (print name of individual or entity)
Signature: ______________________________________ Signature: __________________________________________
Its: _Manager____________________________________________ Its: _________________________________________________
(if Buyer is an entity) (if Buyer is an entity)
Buyer’s Address: _______________________________________ Bus. Phone: ____________________ Fax: ________________
______________________________________________________ Email: ______________________________________________
Property Address_417 Jackson Ave________________________________________________
©Commercial Alliance of REALTORS®, 2019/2020
Revision Date 5/2019
Buyer’s Initials Seller’s Initials
Buy and Sell Agreement for Vacant Land Page 7 of 7
32. SELLER’S ACCEPTANCE Date: _____________________ Time: ____________________ The above offer is hereby accepted as written modified
as follows:
By signing below, Seller acknowledges having read and authorizes delivery of this Agreement to Buyer. If this Agreement is signed by Seller
without any modifications, the date Seller signs becomes the Effective Date. If this Agreement is signed by Seller subject to any modifications, Seller
gives Broker above named until ___________________________ (time) ________________________________________(date) to obtain Buyer’s
written acceptance of Seller’s counter offer.
Seller: ___CITY OF MUSKEGON____________________________________ Seller: _____________________________________________
(print name of individual or entity) (print name of individual or entity)
Signature: _______________________________________ Signature: __________________________________________
Its: _____________________________________________ Its: ________________________________________________
(if Seller is an entity) (if Seller is an entity)
Seller’s Address: ________________________________________ Bus. Phone: ____________________ Fax: ________________
______________________________________________________ Email: ______________________________________________ 36.
BUYER’S RECEIPT OF ACCEPTANCE Date: ______________________ Time: ____________________
Buyer acknowledges receipt of Seller’s acceptance of Buyer’s offer. If Seller’s acceptance of Buyer’s offer was subject to a counter offer, Buyer agrees
to accept the terms of the counter offer:
as written (with all other terms and conditions of Buyer’s offer remaining unchanged); or modified as follows:
If Buyer is accepting a counter offer from Seller as written, the date Buyer signs below becomes the Effective Date. If Buyer is accepting Seller’s counter
offer subject to any modifications, Buyer gives Broker above named until _____________ (time) ______________________________________(date) to
obtain Seller’s written acceptance of Buyer’s counter offer.
Buyer: __________________________________________ Buyer: _____________________________________________
\(print name of individual or entity) (print name of individual or entity)
Signature: ______________________________________ Signature: __________________________________________
Its: _____________________________________________ Its:________________________________________________
(if Buyer is an entity) (if Buyer is an entity)
33. SELLER’S RECEIPT OF ACCEPTANCE Date: ___________________________, Time: __________________
Seller acknowledges receipt of a copy of Buyer’s acceptance of Seller’s counter offer (if Seller made a counter offer), or Seller agrees to accept the terms
of Buyer’s counter offer as written. If Seller is accepting the terms of Buyer’s counter offer as written, then the date Seller signs below becomes the Effective
Date.
Seller: __________________________________________ Seller: ____________________________________________
(print name of individual or entity) (print name of individual or entity)
Signature: _______________________________________ Signature: __________________________________________
Its: _____________________________________________ Its: ________________________________________________
(if Seller is an entity) (if Seller is an entity)
Property Address__417 Jackson Ave_______________________________________________
©Commercial Alliance of REALTORS®, 2019/2020
Revision Date 5/2019
Buyer’s Initials Seller’s Initials
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 24, 2023 Title: PRO Housing Grant Public Hearing
Submitted By: Stevie Parcell Department: Economic Development/CNS
Brief Summary:
The Development Services Division is seeking input from the public regarding the PRO Housing Application.
Detailed Summary & Background:
The Pro Housing Grant is intended to identify and remove obstacles to the production and
preservation of affordable housing such as: gaps in resources available for development,
deteriorating infrastructure, challenges to preserving existing housing stock, and many more. The
City is requesting $10 million for the following eligible activities that will benefit only those residents
at or below 80% of area median income:
- $3.5 million to establish a Housing Preservation Fund
o $1.5 million for rental rehabilitation
o $2 million for owner-occupied housing
- $6 million to finance the construction or rehabilitation of affordable housing
o $1 million for acquisition/rehabilitation/resale projects and nonprofit capacity building
o $4.5 million for construction of new units
o $.5 million for acquisition of land or real property for development
- $500,000 for homebuyer down payment assistance
The plan is available for review in person in Room 202 of Muskegon City Hall, 933 Terrace Street,
Muskegon, MI 49440, and online.
Comments are accepted by email to Stevie Parcell at [email protected], by phone
at (231) 724-6775, and by mail to the following address:
Attn: Stevie Parcell
933 Terrace Street
Muskegon, MI 49440
Comments will be accepted from Thursday, October 12th 2023 through Friday, October 27th, 2023.
Goal/Focus Area/Action Item Addressed:
2027 Goal 2 Action item 2022-2.4
Amount Requested: N/A Budgeted Item:
Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A
Recommended Motion: To close the public hearing and record comments provided.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/24/2023 Title: Inclusive Rebrand
Submitted By: Deborah Santiago-Sweet Department: Manager’s Office
Brief Summary: Staff is requesting authorization to approve a contract with Kindred Marketing, in
the amount of $50,000 for the completion of an inclusive rebranding for the City of Muskegon.
Detailed Summary & Background:
An RFP was issued on August 28, 2023 for an Inclusive Rebrand for the city. The city is seeking a
creative agency to develop an inclusive brand for its rebranding initiative. The selected agency's
objective will be to develop a comprehensive rebranding strategy for the city. The agency will be
responsible for building a brand kit that addresses the following goals:
• Improve Muskegon’s image
• Stimulate economic development
• Unite the community through an inclusive process
• Develop a comprehensive citywide brand strategy and roll-out plan
• Create a dynamic new brand identity
• Demonstrate Muskegon’s connection and community
The current city logo was created decades ago and no brand guidelines, brand story or brand kit
exist. In 2015, the city embarked on a rebranding journey and ultimately no consensus logo was
selected. Currently, the City of Muskegon uses variations of the old logo, individual department
logos, random colors and fonts, and the Watch Muskegon brand kit for city material.
Goal/Focus Area/Action Item Addressed: Goal 3: Community Connection | Update and implement
internal communication policies
Amount Requested: Up to $50,000 Budgeted Item:
Yes No N/A
Fund(s) or Account(s): 101-103-801 Budget Amendment Needed:
Yes No N/A
Recommended Motion: I move to authorization staff to approve a contract with Kindred Marketing,
in the amount of $50,000 for the completion of an inclusive rebranding for the City of Muskegon.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
CITY OF MUSKEGON
MUSKEGON, MICHIGAN
REQUEST FOR PROPOSALS FOR AN INCLUSIVE REBRAND
August 28, 2023
City of Muskegon
933 Terrace St
Muskegon, MI 49440
REQUEST FOR PROPOSAL: Inclusive Rebrand
BACKGROUND
The City of Muskegon continues to undergo an urban revival. We are reclaiming our waterfront from past industrial
uses, revitalizing urban core neighborhoods, and reinvesting in a new downtown after demolition of a 1970’s era
shopping mall. Our vision to be a national destination for waterfront living and commerce has reached a new level.
Currently over $1.6 billion dollars is being invested along the lakeshore with more projects in the planning stages.
2023 marks another key turning point in Muskegon’s economic sustainability. The deep-water port of Muskegon
Lake and Lake Michigan are two crowning natural resource jewels critical to helping revitalize and refresh our
beautiful waterfront community.
The city’s branding initiative underscores our city’s mission statement and equity vision statement.
MISSION: Muskegon, The Premier Shoreline City Offering a Vibrant, Affordable and Ethnically Diverse City Where
Citizens Feel Safe, Enjoy Their Neighborhoods and Have Access to Their City Government.
EQUITY VISION: Muskegon is an ethnically diverse city where we embrace differences and value relationships,
access to city services and programs is universal, and people are engaged in community building. The diversity of
our community is reflected in city businesses, events, boards, commissions and staff.
The current City of Muskegon logo was created several decades ago and currently no brand guidelines, brand story
or brand kit exist. To that end, the city would like to pursue development of a brand. The current logo includes a
sailboat, a musical instrument, and the iconic Hackley Administration clock tower, all colored purple and light blue
(see in Appendix A).
In 2015, the city embarked on a rebranding journey and collaborated with the marketing consultant firm, Revel Inc
located in Muskegon, MI. The city selected Revel Inc based on their previous work in the community, and the city
never conducted a formal bidding process. Creative design options were developed by Revel and then presented to
staff, staff edits were made and then the community was asked to give their feedback in order to inform the
selection of a final version. The process of achieving a consensus design became a challenge. Ultimately, no
consensus logo was selected. Appendix B includes the previous logos created for the City of Muskegon that were
never used. These logos can provide insight into the city’s branding history, how it has changed over time, and the
branding strategies to move forward.
The City of Muskegon uses the current logo, random various colors and fonts, and the Watch Muskegon brand kit
(see Appendix f) for city material.
Currently, the City of Muskegon is beginning a rebranding initiative with a clearer objective. The aim is to create an
inclusive brand which embodies the essence of the City of Muskegon’s mission and reflects our equity statement.
PROJECT OBJECTIVE
The City of Muskegon is seeking a creative agency to develop an inclusive brand for its rebranding initiative. The
selected agency's objective will be to develop a comprehensive rebranding strategy for the City of Muskegon. The
agency will be responsible for building a brand kit that addresses the following goals:
• Improve Muskegon’s image
• Stimulate economic development
• Unite the community through an inclusive process
• Develop a comprehensive citywide brand strategy and roll-out plan
• Create a dynamic new brand identity
• Demonstrate Muskegon’s connection and community
SCOPE OF WORK
The chosen agency will develop a rebranding kit and launch plan for the City of Muskegon with an inclusive process
that highlights the City of Muskegon’s history and residents.
Rebrand Kit Should Include:
• Development of a City of Muskegon logo and logo variations
• Use of our West Michigan’s Shoreline City tagline
o Note this is also our website URL
• Sub logos for individual departments (see appendix C for example from Lancaster, CA)
o Unique logo and badge creation for the City of Muskegon Police Department (see appendix D for
current logo and badge) and
o Updated digital versions of Muskegon Fire Department logo and assets
• Brand Assets and Patterns
• Brand Story and Persona
• Color Palette Creation
o Design a versatile color palette with high contrasting hues to provide the City with greater
flexibility in creating branded material
o Ensure that colors are high-visibility to adhere to literacy accessibility
• Brand Guidelines
o Ensure the brand guidelines detail how the existing City of Muskegon brands (Trinity Health
Arena, Western Market, Farmers Market) should work together (see Appendix E)
o Ensure the brand guidelines detail how the city should use the Watch Muskegon brand assets
alongside the new branding
o Use standard, easy-to read fonts to improve literacy accessibility and ensure web fonts are
selected
Campaign Launch
o Design template for stationary items such as business cards, nametags, etc.
o Integrate the brand into the city’s website
o Formulate a launch plan to roll out the rebranding campaign effectively in the following fiscal year
(July 1, 2024 – June 30, 2025)
Community Input Process
o Incorporate community feedback and engagement in the rebranding process to ensure inclusivity.
Engage with stakeholders in the beginning of the rebranding process, prior to design, to
determine major themes and tones to be used in the brand kit.
o Work alongside the City of Muskegon’s Community Engagement team to gather intentional input
from residents, business owners, youth, and organizations from all areas of the city.
RFP SCHEDULE
RFP Posted: August 28, 2023
Proposals Due: Proposals are due by 2:00p.m. local time on Tuesday, September 12, 2023. They must be sealed and
delivered to: Muskegon City Hall, City Clerk’s Office, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443.
Proposal envelopes should be marked “Inclusive Rebrand.”
PRE-PROPOSAL QUESTIONS
Please direct all questions to Deborah Sweet [email protected]
REQUESTED INFORMATION TO BE SUBMITTED
Corporate Information
• Years in operation
• Number of staff and years of experience for each
• Summary of your organization and structure
o Include your major areas of expertise. Examples: web development, videography, SEO etc.
• Outline of other services your company provides
• Equivalent information for any additional partners in the bid
Additional Information
• A list of up to three similar projects which the firm has completed in the past, including the completion
date and the contact persons for each project.
• A description of any information, materials, or services which the firm would expect the City to supply or
perform to complete the plan.
• Establish a time-line or work plan including a schedule of proposed meetings with a detail on the amount
and level of assistance needed from city staff to complete the plan.
• A complete cost estimate including a "Not-to-Exceed" cost. All costs associated with the successful
completion of this plan must be included in the submitted proposal.
• The firm shall provide a description of the brand kit, community input, and campaign launch that will be
expected upon completion.
• Provide a preliminary overview of your approach of working with the City of Muskegon
• Describe how you would intend to approach and deliver a brand that reflects the city in terms of diversity,
inclusivity, and acceptance.
AGENCY SELECTION CRITERIA
Award shall be made to the qualified vendor whose proposal is determined to be the most advantageous to the
city, taking into consideration the evaluation criteria set forth in the request for proposals, by the City Commission.
Agency selection will be the sole responsibility of the City of Muskegon and will be undertaken at the sole
discretion of the City of Muskegon in accordance with the selection criteria below.
• Agency approach and client services.
• Relevant experience in branding campaigns.
• Proposed pricing.
The City’s purchasing policy is established to ensure purchasing activities that are fair and equitable, maximize
purchasing value for public funds, and to maintain a procurement system of quality and integrity throughout the
procurement process. These policies and procedures are intended to ensure that all city funds are expended in
accordance with sound business practices, recorded in compliance with acceptable accounting procedures, and
meet the requirements of federal and state agencies that may assist in the financing activities of the City of
Muskegon.
LOCAL PREFERENCE
The City Commission may give preference to local vendors as follows.
• Vendors located in the City of Muskegon may be awarded purchases or contracts when the lowest
qualified local bid/price is within 2% or less of the lowest qualified non-local bid.
• An additional 0.5% difference in bid amount (for a total of 2.5%) will be considered for those qualified
vendors located in the City of Muskegon which are not-for-profit and provide social services to City of
Muskegon residents.
• Vendors located in Muskegon County may be awarded purchases or contracts when the lowest qualified
local bid/price is within 1% or less of the lowest non-local bid.
• For purchases under $1,000, local vendors shall be solicited unless valid reasons determine this is not in
the best interest of the City.
DISADVANTAGED CONTRACTOR GOALS
The City Commission establishes goals for disadvantaged contractor participation in each trade as follows.
• 14% minority owned businesses
• 7% female owned businesses
A Disadvantaged Contractor Affidavit listing all disadvantaged contractors that were contacted to participate on the
project as sub-contractors must be submitted by each bidder. The affidavit must clearly state why each potential
subcontractor was not considered for inclusion in the project. A disadvantaged contractor refers to businesses that
are owned and controlled by minorities, women, and other socially and economically disadvantaged persons.
CANCELATION OF BIDS OR REQUESTS FOR PROPOSALS
A bid, request for proposal, or other solicitation may be canceled, and any or all bids or proposals may be rejected
in whole or in part when it is in the best interest of the city, as determined by the Division Head and supported by
the City Manager. Each solicitation issued by the city shall include this notification.
INSURANCE REQUIREMENTS
Vendors and contractors will be required to carry adequate insurance coverage.
Appendix A | City of Muskegon Logo Variations
Appendix B | Past Draft City of Muskegon Designs
Appendix C | Sub Logo Examples
Appendix D | City of Muskegon Police Department
Appendix E | Existing City Department Logos
Appendix F | Watch Muskegon Brand Kit
City of Muskegon Inclusive Rebrand Scoring Sheet | Completed 9/19/2023
Rank based on scoring Fourth Fifth Third Second First
Score Type Weighted Raw Weighted Raw Weighted Raw Weighted Raw Weighted Raw
Scoring Criteria / Company Name Weight Simply Brandish Rebranding Experts This is Worthwhile Redhead Creative Cons. Kindred
Agency approach and client services. 40.00 40 1 40 1 80 2 160 4 200 5
Relevant experience in branding campaigns. 35.00 105 3 105 3 105 3 140 4 140 4
Proposed pricing. (budgeted amount is $50,000) 25.00 125 5 25 1 75 3 125 5 125 5
Total Scores 100.00 270 9 170 5 260 8 425 13 465 14
Business Location Rockford Chicago Grand Rapids Lansing Muskegon
RFP Budget $ 33,760.00 $ 148,600.00 $ 70,000.00 $ 48,000.00 $ 48,950 - 58,950
Minority/Female/Local Unsure or NA Unsure or NA Female Female Local
Scoring Guide 1 2 3 4 5
Covers all areas
Covers most of the
Does not cover or deliverable areas, Covers all Covers all area of deliverables,
unclear no video deliverable areas, the deliverables, offers video
deliverables, no production no video high-quality production, high-
video, low quality mentioned, production proposal and quality proposal,
and generalized generalized mentioned, okay passion for the and passion for
Agency approach and client services. proposal. proposal proposal community the community.
No city/
government 1 example of 2+ examples of
branding, but city/ government city/ government
Mention of other large branding and branding and
No mention of smaller branding branding community community
Relevant experience in branding campaigns. branding campaigns experience knowledge. knowledge.
Proposed pricing. (approved budget is $50,000) $100k+ $85k+ $70k+ $60k+ ~$50k
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 24, 2023 Title: Purchase Option for Windward Pointe
Submitted By: Jonathan Seyferth Department: City Manager’s Office
Brief Summary: City Staff has worked with the City Attorney and Parkland Properties to draft an
option agreement giving the City of Muskegon the exclusive right to purchase an area
encompassing ten (10) lots at a reduced rate on the Windward Pointe PUD to install a new public
park and Muskegon Lake access at the end of the Lincoln Street extension in the development.
Detailed Summary & Background:
City staff has been working to enhance public access to Muskegon Lake in the Windward Pointe
Planned Unit Development (PUD) submitted by Parkland Properties. During those conversations
with Parkland, the site plan evolved to include considerably more public access points than in the
original draft. However, those access points are mostly at the end of public rights of ways or
smaller in area. To gain higher quality public access, staff proposed purchasing up to ten (10)
lakefront parcels adjacent to a public parklet at the end of Lincoln Street originally intended for
single-family houses.
Staff pointed out that if we were to purchase some of the lots intended for single-family houses,
Parkland would not need to run as many utility stubs and other infrastructure to these lots and
potentially could leave them out of their Master Condo Agreement, saving further costs. Parkland
agreed to a rate of $148,750 per lot, representing a 15% reduction in the average projected sale
price on all waterfront lots in the PUD.
The sites highlighted in RED on the attached screen grab of a portion of the PUD reflect the lots
the City would have the option to buy. The option would commence at the closing date between
Parkland and Pure Muskegon on the property, and the City would have two (2) years to execute
these purchases.
The staff anticipates that the PUD will come to the City Commission for consideration at your
meeting on November 14th.
Goal/Focus Area/Action Item Addressed: Goal 1.4 Improved Public Spaces, Goal 4.3 Increased
Revenue
Amount Requested: $1,487,500 Budgeted Item:
Yes No N/A
Fund(s) or Account(s): TBD Budget Amendment Needed: No
Yes No N/A
Recommended Motion: Motion to approve the Option Agreement between the City of Muskegon
and Parkland Properties as presented and to authorize the mayor and clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
Information Technology Yes
Other Division Heads No
Communication
Legal Review
OPTION
For value received, for a two (2) year period commencing upon Parkland Acquisition Six, LLC’s
(“Parkland’s”) acquisition of title to the property described on attached Exhibit A, the City of
Muskegon (“City”) shall have the right and option to elect to purchase all or a portion of the ten
(10) lot area immediately adjacent to Park P9 (two lots to the west of P9 and eight lots to the east
of P9), as long as the purchased area is contiguous to Park P9 and other purchased lots, for the
price of $148,750 per lot. Exercise of this option shall be given in writing to Parkland by certified
mail, return receipt requested, before the conclusion of the two-year period and shall be deemed
to be given when postmarked. If City does not elect to exercise such option, the City’s option under
this paragraph shall terminate and Parkland may sell the property to others. Time is of the essence.
Closing shall occur within thirty days following the exercise of the option. At Closing, Parkland
shall convey marketable title of the property by warranty deed to the City, subject to easements
and restrictions of record, in exchange for the purchase price. Any use of the property by the City
will be limited to public park purposes.
Dated: October ___, 2023 Offered By: PARKLAND ACQUISITION
SIX, LLC, a Michigan limited liability
company
By: __________________________
Jonathan L. Rooks
Its: Manager
Dated: October____, 2023 Accepted By: CITY OF MUSKEGON,
MICHIGAN, a Michigan Municipal
Corporation
By:___________________________
Kenneth D. Johnson
Its: Mayor
STATE OF MICHIGAN )
)
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me this ____ day of October, 2023 by
Jonathan L. Rooks, Manager, Parkland Acquisition Six, LLC, a Michigan limited liability
company, on behalf of the company, and Kenneth D. Johnson, Mayor, City of Muskegon, a
Michigan Municipal Corporation.
________________________________
Notary Public, _________ County, MI
Acting in Muskegon County, MI
My commission expires: __________