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CITY OF MUSKEGON CITY COMMISSION MEETING APRIL 12, 2022 @ 5:30 P.M. MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 AGENDA □ CALL TO ORDER: □ PRAYER: □ PLEDGE OF ALLEGIANCE: □ ROLL CALL: □ HONORS, AWARDS, AND PRESENTATIONS: □ PUBLIC COMMENT ON AGENDA ITEMS: □ CONSENT AGENDA: A. Approval of Minutes City Clerk B. Taste of Muskegon Liquor License City Clerk C. Poverty Exemption Policy Update City Treasurer D. ARPA Standard Allowance Finance E. Amity Avenue Bridge Public Works F. H92036 – Houston, 9th Street to 3rd Street – Contract Award Public Works G. Staffing Services Agreement (BGCML) Public Works H. Staffing Service Agreement (enCompass) Public Works I. Equity Vision Statement City Manager J. Youth Programming – COVID Community and Neighborhood Services K. Youth Programming (Training) – COVID Community and Neighborhood Services L. Sale – 207 E. Walton, 283 E. Walton, and 692 W. Grand Planning M. Sale of the West Half of 1991 Clinton to be combined with 1974 Peck Street Planning Page 1 of 2 N. Sale – 1258 Wesley, 1364 Morgan, 1419 Ducey, 1428 Ducey, 1536 Ducey, 1539 Ducey, 1556 Albert, 1561 Albert, and 1488 Ducey Planning O. Placer.ai Software Subscription Renewal Development Services P. Arena Event Support City Manager Q. Musketawa Trail Project – Change Order #002 DPW/Engineering R. Community Relations Committee Recommendations City Clerk □ PUBLIC HEARINGS: A. Industrial Facilities Tax Abatement Transfer – Lakeside Surfaces, LLC Planning B. 2022 Annual Action Plan Hearing Community and Neighborhood Services □ UNFINISHED BUSINESS: A. Amendment to the Ride Muskegon Agreement City Manager □ NEW BUSINESS: A. Amendment to the PUD at 1000 W Western (Hartshorn Village) Planning B. City of Muskegon Housing Study and Needs Assessment RFP Development Services □ ANY OTHER BUSINESS: □ PUBLIC COMMENT ON NON-AGENDA ITEMS: ► Reminder: Individuals who would like to address the City Commission shall do the following: ► Fill out a request to speak form attached to the agenda or located in the back of the room. ► Submit the form to the City Clerk. ► Be recognized by the Chair. ► Step forward to the microphone. ► State name and address. ► Limit of 3 minutes to address the Commission. ► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.) □ CLOSED SESSION: □ ADJOURNMENT: ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724- 6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705. Page 2 of 2 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: Approval of Minutes Submitted By: Ann Marie Meisch, MMC Department: City Clerk Brief Summary: To approve the minutes of the March 7, 2022 Worksession and March 8, 2022 Regular Meeting. Detailed Summary: N/A Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: To approve the minutes. For City Clerk Use Only: Commission Action: CITY OF MUSKEGON CITY COMMISSION WORKSESSION Monday, March 7, 2022 5:30 p.m. City Commission Chambers 933 Terrace Street, Muskegon, MI 49440 MINUTES 2022-19 Present: Mayor Johnson, Vice Mayor German, Commissioners Gorman, Emory, St.Clair, Hood, and Ramsey Attorney General Opinion on Open Meetings Act City Attorney, John Schrier, presented information on the recent opinion from Michigan’s Attorney General on the Open Meetings Act. Staff shared ideas on how to accommodate more public participation at city board and commission meetings and is seeking input from the commission on which proposals to pursue. Social Sandbox Concert Series Fundraiser Request Mr. Terry Puffer, through his non-profit organization, Lakeshore Legacy Project, is proposing a recurring concert series to take place downtown at the Downtown Muskegon Development Corporation owned lot known as the Social Sandbox. The organization is requesting the City agree to match their fundraising efforts to put on the concerts. Mr. Puffer is proposing a concert series citing the city’s Downtown Development Authority in the document but is asking for any eligible city funds to assist as match dollars. Staff is proposing that the commission determine willingness and limitation, if any, to assisting with this event. Mr. Puffer was in attendance to present information on the program and to answer questions. This item will appear on the agenda on Tuesday, March 8, 2022 for further consideration. Ride Muskegon Operating Agreement City staff updated the proposed operating agreement with Ride Muskegon, LLC to operate a scooter rental business in the City and we are seeking approval. Ride Muskegon, LLC is locally owned and operated. We have incorporated a number of changes requested by the City Commission last year. This is latest the agreement can reasonably be approved if they are to acquire the scooters in time for the summer season. We are finalizing a list of locations and will have that available for the Commission meeting. This item will appear on the March 8, 2022 agenda for further consideration. Neighborhood Engagement Training Proposal Information was presented on a proposal to offer training that will educate our neighbors on communication with staff, boards, and elected officials with the goal of strengthening the representation and voice of our neighbors, especially those who rarely participate. Laketon/Lakeshore Trail Connector Staff is working towards submittal of a grant application to provide funding for construction of a new non-motorized trail within the City along Sanford and Terrace Streets that would serve as a connector between the Laketon and Lakeshore Trails. A resolution of support for the grant application is on the agenda for tomorrow night and staff is seeking commission/community feedback prior to the adoption and submittal. Government Alliance on Race and Equity (GARE) Update Staff presented updated information on progress with the Government Alliance on Race and Equity work. The leadership team has completed the pre-work and is working with the consultant who is leading the Ottawa County team through the GARE program. The Core Team is meeting more frequently to complete the assignments given by the consultant. Our must recent effort is working toward creating an equity vision statement. The team considered: • How do you define equity? • What are the desired results? • What would the results look like? • What are desired outcomes? Our draft equity vision statement began with the city’s current vision statement and was built through the exercises noted above. Current vision statement: Muskegon, the Premier Shoreline Offering a Vibrant, Affordable and Ethnically Diverse City where Citizens Feel Safe, Enjoy Their Neighborhoods and Have Access to Their City Government. Draft equity vision statement: Muskegon is an ethnically diverse city where everyone is valued as an individual, access to city services and programs is universal, people are engaged in community building, and the diversity of the community is reflected in the city’s businesses, events, boards, commissions, and staff. Reorganization Staff is seeking input on potential changes to the city staff’s organization. The division heads have been discussing changes to the staff organization with particular emphasis on changes to community engagement. Other small changes to Public Safety and Development Services are planned as well. There are three main options being presented to address community engagement, each with their own merits. Option 1: Create a new Community Support and Engagement Division which would include three main functions – communications, city clerk, and parks and recreation Option 2: Create a Parks and Recreation Department within the Municipal Services Division. Enhance communication efforts through additional staff in the Clerk’s office. Option 3: Create new Community Support and Engagement Division which would oversee the City Clerk, small business incubators, and community engagement. Enhance park management by adding an assistant parks supervisor. The leadership team seeks input from the commission on the best direction forward to enhance our outreach to and connection with the community. Leadership will work together to determine details, phasing, and timing for implementation. Each option will have budget impacts that need to be considered. Commissioners seemed to favor Option 1. Height Overlay District The Imagine Muskegon Lake plan suggests creating a height overlay district on Nelson Street to allow three-story houses to increase lake visibility. The Lakeside Form Based Code allows three story residential buildings in the Lakeside Mixed Residential contact area. The code was written in 2019 and used the Imagine Muskegon Lake recommendation in the development of the ordinance. Staff is looking for approval from the Commission to go to the next Beachwood-Bluffton neighborhood meeting to discuss this proposal. Public Comment: Public comments were received. Adjournment: The Worksession meeting adjourned at 9:15 p.m. Respectfully Submitted, Ann Marie Meisch, MMC – City Clerk CITY OF MUSKEGON CITY COMMISSION MEETING MARCH 8, 2022 @ 5:30 P.M. MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, March 8, 2022. Pastor Tom Beetham, Lakeside Baptist Church, opened the meeting with prayer, after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Ken Johnson, Vice Mayor Willie German, Jr., Commissioners, Teresa Emory, Rachel Gorman, Rebecca St.Clair, Eric Hood, and Michael Ramsey, Deputy City Manager LeighAnn Mikesell, City Attorney John Schrier, and City Clerk Ann Meisch. HONORS, AWARDS, AND PRESENTATIONS: Muskegon County Bicycling Coalition Ray McLeod, President of the Muskegon County Bicycling Coalition, spoke to the City Commission. He and his wife started a couple of bicycling groups for all types of cyclists. The group advocates by offering assistance with “passing” ordinances and providing input on 5-year plans to cities in the area. They appreciate the Lakeshore Trail and the Laketon Trail. The Coalition supports the Lakeshore/Laketon Connector Trail that is on the agenda for a vote tonight. The trails are also used by people that don’t consider themselves cyclists but do use the trails and use their bikes as everyday transportation. They will also benefit from this infrastructure. PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received. 2022-20 CONSENT AGENDA: A. Approval of Minutes City Clerk SUMMARY OF REQUEST: To approve the minutes of the February 7, 2022 Worksession Meeting and the February 8, 2022 Regular Meeting. STAFF RECOMMENDATION: To approve the minutes. Page 1 of 10 B. Water Intake System Cleaning & Inspection Public Works SUMMARY OF REQUEST: Staff is requesting authorization to contract with Lindahl Marine to clean and inspect the water intake system at the Water Filtration Plant. The Water Filtration Plant intake system permits the flow of water from Lake Michigan into the water plant for treatment. This system includes a 60” diameter pipeline that originates at the Water Plant and terminates at the bottom of Lake Michigan, where it is protected with a crib structure. The project is divided into two parts. The first part is an inspection using an ROV to verify the integrity of over 5,000 feet of pipe. The second part involves a professional diver performing an inspection and cleaning of the crib structure. Growth of mussels on the crib structure is common, and this growth can eventually lead to a reduction in water flow. The diver will also remove sediment and debris from the bottom of a portion of the pipe, which helps maintain adequate water flow and also improves water quality. The intake system was last inspected in 2017. Sealed bids were accepted until February 15, 2022. Three bids were received, although one did not meet the requirements of the RFP. Staff recommends that Lindahl Marine be awarded the contract as the lowest bidder with a proposal that meets the requirements of the RFP. This project was budgeted as part of the FY 2021-2022 capital improvements projects at the Water Filtration Plant. Contractor Price Lindahl Marine $49,000.00 Great Lakes Dock & Materials $81,287.00 AMOUNT REQUESTED: $49,000 AMOUNT BUDGETED: $75,000 FUND OR ACCOUNT: 591-92034-5346 STAFF RECOMMENDATION: Authorize staff to contract with Lindahl Marine in the amount of $49,000 for services related to the cleaning and inspection of the water intake system at the Water Filtration Plant. C. Liquid Sodium Hypochlorite – Changer Order #005 Public Works – Filtration SUMMARY OF REQUEST: Staff is requesting authorization to accept the temporary price increase of liquid sodium hypochlorite from Alexander Chemical. The Water Filtration Plan uses sodium hypochlorite in the production of drinking water. The application of sodium hypochlorite is one of several crucial processes used to inactivate or remove pathogens from the water. Since 1996, the Water Filtration Plan has obtained this treatment chemical at a significant cost savings Page 2 of 10 by soliciting competitive bids jointly with the cities of Grand Haven, Grand Rapids, Holland, Muskegon Heights, and Wyoming. The sodium hypochlorite supply chain was initially disrupted from a shutdown of industrial manufacturing due to Covid-19. Major production facilities in the Gulf Coast region experienced a series of natural disasters that further disrupted the industry. By early 2021, major suppliers were declaring force majeure. Production facilities in other locations experienced equipment failures and other problems. It is expected the market will not stabilize for another 24 months. This combination of events led the EPA to provide guidance on how water utilities could use the Department of Commerce or the Defense Production Act to obtain treatment chemicals if their supply was interrupted. Our supplier of liquid sodium hypochlorite, Alexander Chemical, has been able to obtain a limited supply of these materials in order to keep us supplied. However, it has come at an increased cost due to rising material prices. At the November 9, 2021 meeting, the Commission approved a change order from Alexander Chemical for a temporary price increase from $205.58 per ton to $290 per ton. An increase from $290 per ton to $320 per ton was approved at the staff level in December 2021. Alexander Chemical is requesting another temporary price increase to $370 per ton until the market stabilizes, and they have agreed to maintain this price through the first quarter. Grand Rapids holds the master agreement for the purchasing cooperative and has already approved this change order. The cooperative does not believe that soliciting other bids would provide reduced pricing. This is an industry-wide problem, and these challenges exist for any company supplying this product. Prior to this increase, the Water Filtration Plant spent $62,592.72 to procure liquid sodium hypochlorite. If this temporary price increase remains in effect for the remainder of the fiscal year, it is estimated an additional $77,000 will be spent, bringing the FY21-22 total cost to $139,592.72. Liquid sodium hypochlorite is included in the budget, but the actual amount spent will depend on the volume of the water treated, the quality of the source water, and the duration of any temporary price increases. This additional request will be addressed in a budget reforecast if necessary. Staff has reviewed the available options and there are no alternatives that would result in a different outcome or a price savings for the city. AMOUNT REQUESTED: $139,592.72 (estimate) AMOUNT BUDGETED: $72,864.00 ($18,118.70 over last request) FUND OR ACCOUNT: 591-60558-5219 STAFF RECOMMENDATION: Authorize staff to purchase liquid sodium hypochlorite from Alexander chemical at a temporary increased price of $370.00 per ton and authorize the City Manager to approve any subsequent Page 3 of 10 change orders through the remainder of the next 12 months. D. Laketon/Lakeshore Trail Connector Grant Resolution Public Works SUMMARY OF REQUEST: Staff is seeking formal resolution of support to submit a grant application to MDOT/MDNR for the Laketon/Lakeshore Trail Connector (LLTC) Project. Staff is seeking funds through two programs to provide the base funding for construction of a new non-motorized trail named the Laketon/Lakeshore Trail Connector. The trail would be constructed in the road right-of-way along Sandford Street and Terrace Street between Laketon Avenue and Shoreline Drive linking the Laketon Trail and the Lakeshore Trails. Grant funding is being pursued through two programs TAP (MDOT – Transportation Alternatives Program) and RTP (MDNR – Recreational Trails Program). If successful this grant could provide 60-70% of the funding necessary for the project. If successful construction would begin as early as 2024. Staff is recommending approval of the resolution of support. STAFF RECOMMENDATION: Approve the resolution of support for the MDOT/MDNR grant application and Authorize the Clerk to sign. G. Arena Participation Agreements City Manager SUMMARY OF REQUEST: Staff is seeking approval of the participation agreements. We have been working with the LCC to convert the arena liquor license from a Civic Center License to a DDC license. This has been a cumbersome process, but was necessary to properly operate Rad Dad’s and Carlisle’s in the space. We are in the home stretch. As part of the change, we were required to convert the existing leases into participation agreements – this is the appropriate terminology to match the activities at he arena. We are seeking approval. STAFF RECOMMENDATION: Approve the participation agreements for Rad Dad’s Tacos and Tequila and Carlisle’s Goods and Leisure. H. Summer Concert Series, Social Sandbox Economic Development - REMOVED I. Community Relations Committee Recommendations City Clerk SUMMARY OF REQUEST: To concur with the CRC recommendations to make appointments. The CRC recommends making the following appointments: Board of Review – Sherry Burt (Citizen) – term expiring 1/31/2024 Farmers Market Advisory Board – Kelly Balta (Seasonal Crafter/Artisan) – Page 4 of 10 term expiring 1/31/2025 Housing Code Board of Appeals – Ed Simmons (Citizen) – term expiring 1/31/2025 STAFF RECOMMENDATION: To concur with the recommendation of the CRC to accept the appointments to Board of Review, Farmers Market Advisory Board, and Housing Board of Appeals. Motion by Commissioner Gorman, second by Commissioner Emory, to accept the consent agenda as presented, minus items E and F. ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Hood, Ramsey, German, and Gorman Nays: None MOTION PASSES 2022-21 REMOVED FROM CONSENT AGENDA: E. 435 Isabella Renovation City Manager SUMMARY OF REQUEST: Staff is seeking approval to fund the renovation of 435 Isabella Avenue. This property was originally acquired via tax foreclosure as a project for Community and Neighborhood Services to undertake a renovation as part of the HOME Program. It was eventually determined that the house needed too much work. We had Tim Harvey take a look at it and he feels comfortable renovating the home and maintaining it as a two-unit property. Currently, there are three living units. We feel there is an opportunity to add a third unit if the FBC zoning were secured, as the large garage has a second floor that would convert to a studio apartment. For now, we intend to renovate the main house at a cost of approximately $220,000. This would include all new systems (HVAC, plumbing, and electrical). This would also include upgraded exterior finishes (windows, LP siding, etc.) AMOUNT REQUESTED: $220,000.00 AMOUNT BUDGETED: $0 FUND OR ACCOUNT: Public Improvement STAFF RECOMMENDATION: Approve the renovation budget for 435 Isabella at $220,000, and amend the FY 2021-22 Public Improvement Fund Budget to include the project during the fiscal year. Motion by Vice Mayor German, second by Commissioner St. Clair, to approve the renovation budget for 435 Isabella at $220,000, and amend the FY 2021-22 Public Improvement Fund Budget to include the project during the fiscal year. ROLL VOTE: Ayes: St.Clair, Johnson, Hood, Ramsey, German, Gorman, and Emory Page 5 of 10 Nays: None MOTION PASSES F. Rezoning 653 Yuba Street Planning SUMMARY OF REQUEST: Staff initiated request to rezone a portion of the property at 653 Yuba Street from R-1, Low Density Single Family Residential to B-4, General Business. The Planning Commission recommended approval o the rezoning by a 6-0 vote. STAFF RECOMMENDATION: To approve the request to rezone a portion of the property at 653 Yuba Street from R-1, Low Density Single Family Residential to B-4, General Business. Motion by Vice Mayor German, second by Commissioner St. Clair, to approve the request to rezone a portion of the property at 653 Yuba Street from R-1, Low Density Single Family Residential to B-4 General Business. ROLL VOTE: Ayes: Johnson, Hood, Ramsey, Gorman, Emory, and St. Clair Nays: German MOTION PASSES 2nd READING REQUIRED 2022-22 PUBLIC HEARINGS: A. Commercial Rehabilitation District – 130 E Apple Ave Planning SUMMARY OF REQUEST: Pursuant to Public Act 210 of 2005, as amended, the Forrest Group of West Michigan LLC has requested the establishment of a Commercial Rehabilitation District. The creation of the district will allow the building owner to apply for a Commercial Rehabilitation Certificate, which will freeze the taxable value of the building and exempt the new real property investment from local taxes. The school operating tax and the State Education Tax (SET) are still levied on the new investment. Land and personal property cannot be abated under this act. Once the Commission approves the establishment of the district, the County has up to 28 days to accept or reject the establishment of the district. If the County does not reject it, then the applicant may apply for the Commercial Rehabilitation Certificate. STAFF RECOMMENDATION: To approve the request to establish a Commercial rehabilitation District at 130 E. Apple Avenue. PUBLIC COMMENTS RECEIVED: Talonda Haver, part of the Forrest Group of West MI, asking for establishment of Commercial District – building has been vacant for nine years. Costly repairs are needed to the property. Motion by Commissioner Ramsey, second by Commissioner Hood, to close the Page 6 of 10 public hearing and approve the request to establish a Commercial Rehabilitation District. ROLL VOTE: Ayes: Hood, Ramsey, German, Gorman, Emory, St.Clair, and Johnson Nays: None MOTION PASSES 2022-23 UNFINISHED BUSINESS: A. Ride Muskegon Operating Agreement City Manager SUMMARY OF REQUEST: City staff updated the proposed operating agreement with Ride Muskegon, LLC to operate a scooter rental business in the City and we are seeking approval. Staff is recommending approval of the operating agreement. Ride Muskegon, LLC is locally owned and operated. We have incorporated a number of the changes requested by the City Commission last year. This is the latest the agreement can reasonably be approved if they are to acquire the scooters in time for the summer season. We are finalizing a lost of locations and will have that available for the Commission meeting. STAFF RECOMMENDATION: Approve the operating agreement and authorize the City Manager to sign. Motion by Commissioner Gorman, second by Commissioner Ramsey, to approve the operating agreement and authorize the City Manager to sign. ROLL VOTE: Ayes: Ramsey, German, Gorman, and Hood Nays: Emory, St.Clair, and Johnson MOTION PASSES Motion by Commissioner St.Clair, second by Commissioner Emory, for staff to return to the City Commission with proposed final attachments to the Ride Muskegon Operating Agreement for adoption. ROLL VOTE: Ayes: German, Gorman, Emory, St.Clair, Johnson, Hood, and Ramsey Nays: None MOTION PASSES 2022-24 NEW BUSINESS: A. 2nd Quarter Budget Reforecast Finance SUMMARY OF REQUEST: At this time staff is asking for approval of the 2nd Quarter Budget Reforecast for the FY 2021-22 budget year as presented. Page 7 of 10 General Fund Revenues: Finance adjusted numerous accounts. Some of the notable increases in revenue are listed below: Traffic Fines & Fees were increased from $200,000 to $235,000. This increase is mostly due to enforcement of paid beach parking. The General Fund has received an uptick in contributions in the 4805 Fund. Originally, we budgeted $20,000. The 2nd Quarter reforecast is now $130,000. The Contributions/Grant account originally had nothing budgeted. However, we received several grants from our Michigan Municipal Risk Management Authority to purchase police equipment. The new budget amount is now $75,000. Marihuana Street Lights contribution line items has been increased to $67,000 the original budgeted amount was $30,000. As of December 2021, we have received almost $40,000 in contributions for street lights from Marihuana businesses. Expenses: The most notable expenditure increase in the General Fund is in Park Maintenance. The DPW Director asked to increase his budget by $289,000 mostly for seasonal labor. The $700,000 for Reese & Beukema was on the wrong budget line and now it is on the right project number. As of December 31st, our Expenditures are exceeding our Revenues by $1,793,854. WATER AND SEWER FUNDS Sewer Expenses: Again, we are reducing Muskegon County Wastewater Treatment costs to $5,400,000 based on the current projections. The original amount budgeted for 20/21 was $6,000,000 and then was reduced to $5,500,000 in the 1st Quarter. STAFF RECOMMENDATION: To approve the 2nd Quarter FY 2021-22 Budget Reforecast as presented. Motion by Commissioner Ramsey, second by Commissioner Emory, to approve the 2nd Quarter FY2021-22 Budget Reforecast as presented. ROLL VOTE: Ayes: Gorman, Emory, St.Clair, Johnson, Hood, Ramsey, and German Nays: None Page 8 of 10 MOTION PASSES B. Amendment to the Marihuana Facilities Overlay District – Temporary Marihuana Events Planning SUMMARY OF REQUEST: Staff initiated request to amend Section 2331 of the zoning ordinance to allow temporary marihuana events at 470 W. Western Avenue and 1800 Peck Street. The Planning Commission made two separate motions on the case. The first was to make a recommendation to the City Commission to approve the request at 470 W. Western Avenue, which passed by a 6-1 vote. The second was to make a recommendation to the City Commission to approve the request at 1800 Peck Street, which passed by a 4-3 vote. STAFF RECOMMENDATION: To approve the request to amend Section 2331 of the zoning ordinance to allow temporary marihuana events at 470 W. Western Avenue and 1800 Peck Street. Motion by Commissioner Ramsey, second by Commissioner St.Clair, to approve the request to amend Section 2331 of the zoning ordinance to allow temporary marihuana events at 470 W. Western Avenue. ROLL VOTE: Ayes: Emory, St.Clair, Johnson, Hood, Ramsey, German, and Gorman Nays: None MOTION PASSES Motion by Commissioner Ramsey, second by Commissioner St.Clair, to approve the request to amend Section 2331 of the zoning ordinance to allow temporary marihuana events at 1800 Peck Street. ROLL VOTE: Ayes: St.Clair, Johnson, Ramsey, German, and Emory Nays: Hood and Gorman MOTION PASSES 2nd READING REQUIRED FOR 1800 PECK STREET 2022-25 ANY OTHER BUSINESS: As a matter of housekeeping – Mayor Johnson would entertain a motion to officially accept the resignation of Frank Peterson, City Manager. Motion by Commissioner St.Clair, second by Commissioner Emory, to officially accept the resignation of Franklin J. Peterson as City Manager effective April 1, 2022. ROLL VOTE: Ayes: Johnson, Hood, Ramsey, German, Gorman, Emory, and St.Clair Nays: None Page 9 of 10 MOTION PASSES Also, under Any Other Business, Commissioner Ramsey asked about the tracking of Social District cup and sticker sales. Staff explained that they are tracked. He believes he misheard something. Mayor Johnson asked if the Governor has signed the law allowing special event licenses in the social district. There will be more discussion about possibly extending the district at a later date. Also, Commissioner St.Clair asked if it was necessary to formally accept the resignation of the Public Safety Director, it is not. The position is appointed by the City Manager. There was discussion regarding the interview panel for the Public Safety Director and the opportunity to meet candidates at a meet and greet event. PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were received. ADJOURNMENT: The City Commission adjourned at 7:55 p.m. Respectfully Submitted, Ann Marie Meisch, MMC - City Clerk Page 10 of 10 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: Taste of Muskegon Liquor License Submitted By: Ann Meisch Department: City Clerk Brief Summary: The Muskegon City Clerk’s Office is seeking commission approval to apply for a special liquor license for beer, wine, and spirit service for the Taste of Muskegon being held in Hackley Park on Friday, June 10, 2022 and Saturday, June 11, 2022. Detailed Summary: Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To authorize the City Clerk’s office to apply for a special liquor license for the Taste of Muskegon. For City Clerk Use Only: Commission Action: Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 4/12/2022 Title: Poverty Exemption Policy Update Submitted By: Sarah Wilson Department: City Treasurer Brief Summary: The State has updated its requirements regarding poverty exemptions, and we need to update our policy in order to comply. Detailed Summary: We are required to have a commission-approved “Poverty Exemption Policy” for the Board of Review to follow when approving or denying poverty exemption applications. The last update to the policy was in 2019. The current policy with the suggested changes is attached, and is a part of our larger Financial Policies document. The State of Michigan has determined that allowing Boards of Review to deviate from poverty exemption policies for “substantial and compelling reasons” is no longer permissible under MCL 211.7u. That statement in the policy must be removed. Additionally, it is suggested by staff that the Commission consider adding the highlighted language to the policy, which would limit the poverty exemption in certain instances. This change would still allow those on a fixed income over the age of 65 or who are disabled to receive 100% of the benefit exemption. This particular change is not required by the State, but it is an option that is available to ensure the exemption benefits are awarded to those that are most in need. Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): Recommended Motion: To approve the Poverty Exemption Policy with amended language as presented. For City Clerk Use Only: Commission Action: XXV. POVERTY EXEMPTION INCOME GUIDELINES The guidelines shall include but not be limited to the specific income and asset levels of the claimant and all persons residing in the residence. To be eligible, a person shall do all of the following on an annual basis: 1) Be an owner of and occupy as a principal residence the property for which an exemption is requested. 2) File a claim with the City Assessor or Board of Review, accompanied by Federal and State Income tax returns for all persons residing in the residence, or a form 4988, if applicable. 3) Produce a valid driver’s license or other form of positive identification if requested. 4) Produce a deed, land contract, or other evidence of ownership of the property for which an exemption is requested if requested. 5) Meet the Federal poverty income guidelines as defined and determined annually by the United States Office of Management and Budget (or its successor). 6) Total household assets, except for the principal residence being claimed, essential household goods, and one motor vehicle, may not exceed one quarter (25%) of the Federal poverty guideline for the entire household. Assets include, but are not limited to real estate, motor vehicles, recreational vehicles and equipment, time shares, certificates of deposit, savings accounts, checking accounts, stocks, bonds, life insurance, retirement funds, antiques and collectibles, etc. Assets do not include basic essential household goods such as furniture, appliances, dishes and clothing. The value of assets will not be reduced by the amount of any indebtedness owed on such assets, or any indebtedness otherwise owed by the applicant or members of the household. The Board of Review shall follow the above stated policy and Federal guidelines in granting or denying an exemption, unless the Board of Review determines there are substantial and compelling reasons why there should be a deviation from the policy and Federal guidelines and these are communicated in writing to the claimant. Relief granted the first year of exemption approval is 100%. Unless the applicant has a fixed income and is over the age of 65 or permanently disabled; the taxable value reduction will be 50% in subsequent years 2 through 4; the taxable value reduction will be 25% in year 5 and thereafter. Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: ARPA Standard Allowance Submitted By: Kenneth Grant Department: Finance Brief Summary: The US Treasury allows municipalities to use a standard amount up to $10 million for revenue loss with streamlined reporting requirements. Detailed Summary: The Final Rule from the US Treasury allows agencies to select the standard allowance for revenue loss which is $10,000,000 for governmental services with streamlined reporting requirements. Amount Requested: $10,000,000.00 Amount Budgeted: Fund(s) or Account(s): 482 Fund(s) or Account(s):101 Recommended Motion: I recommend that we use to the full $10 million standard allowance police and fire salaries along other governmental services starting from January 2022. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: ARPA Standard Deduction Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule April 12, 2022 The City of Muskegon was allocated $22,881,894 from U.S. Department of the Treasury for the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) as a part of the American Rescue Plan. The final rule offers a standard allowance for revenue loss of up to $10,000,000. Recipients that select the standard allowance may use the funds to pay for governmental services with streamlined reporting requirements. This provides the City with the most spending flexibility along with minimum reporting and tracking. I feel it is in the City’s best interest use to the $10,000,000 standard allowance on police and fire salaries. The remaining $12,881,894 funds has to go to the following areas: a) Public Health/Negative Economic Impacts: Recipients must use the award funds to provide assistance to households b) Premium Pay-recipients may provide premium pay retrospectively for work performed at any time since the start of the COVID 19 public health emergency c) Revenue Loss-Based on a calculation of lost revenue that begins with the recipient’s revenue in the last full fiscal year prior to the COVID 19 public health emergency and includes the 12-month period ending December 31, 2020. d) Investments in Water, Sewer, and Broadband-the recipients must use the funds to make necessary investment in water, sewer, and broadband. Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: Amity Avenue Bridge Submitted By: Leo Evans Department: Public Works Brief Summary: Staff is requesting authorization to apply for State of Michigan FY2025 local bridge funds for a project to remove the Amity Avenue Bridge and rebuild an at-grade road through the area. A resolution of support is required to include with the application. Detailed Summary: Staff applied for this same project during the last two cycles and have both times been just outside the fundable range. Staff feels that resubmitting the project for consideration is still our best option within this program. Staff plans to take an extra step and lobby directly at the selection meeting to have this project considered. Costs are estimated at approximately $598,000 for the project, with the city requesting to provide matching funds of $90,000 towards the construction costs and also an estimated $100,000 in engineering costs for a total city commitment of $190,000. The costs for this project would be borne in future fiscal years and only if the project is selected for funding. Amount Requested: $190,000 Amount Budgeted: $190,000 Fund(s) or Account(s): 202-TBD-5346/5355 Fund(s) or Account(s): 202-TBD-5346/5355 Recommended Motion: Approve the resolution of support and authorize the Mayor and Clerk to sign and commit to funding the required match and engineering costs in future fiscal years if the project is selected. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: City of Muskegon RESOLUTION SUPPORT OF APPLICATION FOR BRIDGE PRESERVATION FUNDS WHEREAS, Muskegon City Commissioners desire to promote safety and fiscal responsibility for the residents and visitors of our great city; and WHEREAS, Muskegon City Commissioners acknowledge there is no longer a need for the bridge carrying Amity Street over the abandoned railroad; and WHEREAS, Muskegon City Commissioners agree that removing the Amity bridge and rebuilding the roadway on fill reduces the future costs of maintenance; and NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners support the application for federal and state bridge preservation funds and commit to funding required match dollars for removal of the bridge. Dated this ______ of _______ 20__. ________________________________ Ken Johnson Mayor _________________________________ Ann Marie Meisch City Clerk Amity Bridge and surrounding area $ MA RS EM H E ST AV ER AY WHITE CL AL AVE D ST E ST AV RA R TE MU TH BA B S RP E BO OAK AVE YU W HY RN E ST ST E AV AV E ON N E G TO SK AL CE MU W DA ORCHARD AVE SP E AV R RI LE ST NG Y RT M WOOD ST ST EMERALD ST AMITY AVE AMITY BRIDGE FORK ST PIN E ST TE ST RR ALLEN AVE A CE JAY ST TE RR AC ES SANFORD ST APPLE AVE T E AV D AM OR SO C BR N PECK ST CO PH E OS AV IA E IA AR ST W E ST LA AV DE NA IO ADA AVE Engineering Department © 0 190 380 760 1,140 1,520 Feet Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: H92036 Houston, 9th to 3rd – contract award Submitted By: Joel Brookens Department: Public Works Brief Summary: Staff is requesting authorization to approve a contact with McCormick Sand, Inc. in the amount of $1,412,968.15. Detailed Summary: Bids were solicited for a construction project to reconstruct Houston Ave from 9th to 3rd, along with replacing the water main, water services and appurtenant parts. McCormick Sand provided the low bid. The bid tabulation is attached. Amount Requested: $1,412,968.15 Amount Budgeted: $1,600,000 (w/Engineering) Fund(s) or Account(s): Fund(s) or Account(s): 202-92036 202-92036 ($800K) 590-92036 590-92036 ($800K) FY 22/23 Budget Recommended Motion: Authorize staff to approve a contact with McCormick Sand in the amount of $1,412,968.15 Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: 1.10 BID TABULATION City of Muskegon Project Engineer: F. PEASE Date: 2/9/2022 Engineering Department Project Number: H92036 Project description: Houston, 9th to 3rd Engineer's Estimate: $ 1,445,401.50 Engineer Estimate Mc Cormick Sand Jackson Merkey Wadel K&R Line Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 1100001 Mobilization, Max 10% LSUM 1 $ 100,000.00 $ 100,000.00 $ 98,000.00 $ 98,000.00 $ 150,000.00 $ 150,000.00 $ 165,000.00 $ 165,000.00 $ 175,000.00 $ 175,000.00 2 2030015 Sewer, Rem, Less than 24 inch Ft 159 $ 15.00 $ 2,385.00 $ 10.00 $ 1,590.00 $ 14.10 $ 2,241.90 $ 11.00 $ 1,749.00 $ 20.00 $ 3,180.00 3 2037050 Dr Structure, Rem, Modified Ea 16 $ 400.00 $ 6,400.00 $ 400.00 $ 6,400.00 $ 378.50 $ 6,056.00 $ 350.00 $ 5,600.00 $ 300.00 $ 4,800.00 4 2040055 Sidewalk, Rem Syd 4041 $ 7.00 $ 28,287.00 $ 5.00 $ 20,205.00 $ 5.15 $ 20,811.15 $ 4.50 $ 18,184.50 $ 7.00 $ 28,287.00 5 2047011 Pavt, Rem, Modified Syd 10307 $ 8.00 $ 82,456.00 $ 3.00 $ 30,921.00 $ 4.20 $ 43,289.40 $ 7.95 $ 81,940.65 $ 6.00 $ 61,842.00 6 2057002 Machine Grading, Modified Sta 27.4 $ 2,000.00 $ 54,800.00 $ 2,000.00 $ 54,800.00 $ 3,746.00 $ 102,640.40 $ 3,500.00 $ 95,900.00 $ 2,150.00 $ 58,910.00 7 2080020 Erosion Control, Inlet Protection, Fabric Drop Ea 16 $ 100.00 $ 1,600.00 $ 80.00 $ 1,280.00 $ 95.00 $ 1,520.00 $ 100.00 $ 1,600.00 $ 150.00 $ 2,400.00 8 3020020 Aggregate Base, 8 inch Syd 9000 $ 8.00 $ 72,000.00 $ 11.00 $ 99,000.00 $ 8.50 $ 76,500.00 $ 11.60 $ 104,400.00 $ 11.50 $ 103,500.00 9 3060021 Maintenance Gravel, LM Cyd 150 $ 15.00 $ 2,250.00 $ 30.00 $ 4,500.00 $ 0.01 $ 1.50 $ 6.00 $ 900.00 $ 45.00 $ 6,750.00 10 4020600 Sewer, Cl E, 12 inch, Tr Det B Ft 212 $ 40.00 $ 8,480.00 $ 36.00 $ 7,632.00 $ 46.90 $ 9,942.80 $ 70.00 $ 14,840.00 $ 57.00 $ 12,084.00 11 4021204 Sewer Tap, 12 inch Ea 2 $ 200.00 $ 400.00 $ 500.00 $ 1,000.00 $ 662.50 $ 1,325.00 $ 400.00 $ 800.00 $ 500.00 $ 1,000.00 12 4027001 Sewer, PVC SDR 35, 8 inch, Tr Det B Ft 160 $ 30.00 $ 4,800.00 $ 28.00 $ 4,480.00 $ 41.00 $ 6,560.00 $ 50.00 $ 8,000.00 $ 54.00 $ 8,640.00 13 4027001 Sewer, Ductile Iron, CL 52, 12 inch, Tr Det B Ft 345 $ 65.00 $ 22,425.00 $ 85.00 $ 29,325.00 $ 98.90 $ 34,120.50 $ 110.00 $ 37,950.00 $ 95.00 $ 32,775.00 14 4027001 Sewer, Ductile Iron, CL 52, 10 inch, Tr Det B Ft 82 $ 60.00 $ 4,920.00 $ 78.00 $ 6,396.00 $ 94.50 $ 7,749.00 $ 108.00 $ 8,856.00 $ 93.00 $ 7,626.00 15 4027001 Sewer, Ductile Iron, CL 52, 8 inch, Tr Det B Ft 28 $ 55.00 $ 1,540.00 $ 60.00 $ 1,680.00 $ 86.70 $ 2,427.60 $ 100.00 $ 2,800.00 $ 92.00 $ 2,576.00 16 4030004 Dr Structure Cover, Adj, Case 1, Modified Ea 3 $ 650.00 $ 1,950.00 $ 1,000.00 $ 3,000.00 $ 562.00 $ 1,686.00 $ 700.00 $ 2,100.00 $ 950.00 $ 2,850.00 17 4030210 Dr Structure, 48 inch dia Ea 2 $ 1,500.00 $ 3,000.00 $ 2,800.00 $ 5,600.00 $ 2,049.00 $ 4,098.00 $ 2,500.00 $ 5,000.00 $ 1,800.00 $ 3,600.00 18 4030312 Dr Structure, Tap, 12 inch Ea 3 $ 300.00 $ 900.00 $ 400.00 $ 1,200.00 $ 331.00 $ 993.00 $ 700.00 $ 2,100.00 $ 450.00 $ 1,350.00 19 4037050 Catch Basin 4 Ft Dia Special Detail Ea 9 $ 1,700.00 $ 15,300.00 $ 2,200.00 $ 19,800.00 $ 2,145.00 $ 19,305.00 $ 2,500.00 $ 22,500.00 $ 1,700.00 $ 15,300.00 20 4037050 Dr Structure Cover, Type K, Modifed Ea 15 $ 750.00 $ 11,250.00 $ 620.00 $ 9,300.00 $ 1,023.00 $ 15,345.00 $ 1,000.00 $ 15,000.00 $ 1,150.00 $ 17,250.00 21 4037050 Catch Basin 2 Ft Dia Special Detail Ea 5 $ 1,500.00 $ 7,500.00 $ 1,900.00 $ 9,500.00 $ 1,419.00 $ 7,095.00 $ 2,000.00 $ 10,000.00 $ 1,000.00 $ 5,000.00 22 4037050 Dr Structure Cover, Type B, Modified Ea 4 $ 700.00 $ 2,800.00 $ 440.00 $ 1,760.00 $ 816.00 $ 3,264.00 $ 750.00 $ 3,000.00 $ 950.00 $ 3,800.00 23 5010025 Hand Patching Ton 10 $ 150.00 $ 1,500.00 $ 100.00 $ 1,000.00 $ 100.00 $ 1,000.00 $ 100.00 $ 1,000.00 $ 100.00 $ 1,000.00 24 5012025 HMA, 4EML Ton 2086 $ 85.00 $ 177,310.00 $ 99.20 $ 206,931.20 $ 101.50 $ 211,729.00 $ 99.00 $ 206,514.00 $ 102.00 $ 212,772.00 25 8017011 Driveway, Nonreinf Conc, 6 Inch, Modified Syd 604 $ 45.00 $ 27,180.00 $ 40.00 $ 24,160.00 $ 36.40 $ 21,985.60 $ 33.00 $ 19,932.00 $ 45.00 $ 27,180.00 26 8017011 Driveway, Nonreinf Conc, 8 inch, Modified Syd 67 $ 60.00 $ 4,020.00 $ 52.00 $ 3,484.00 $ 47.60 $ 3,189.20 $ 44.00 $ 2,948.00 $ 50.00 $ 3,350.00 27 8020038 Curb and Gutter, Conc, Det F4 Ft 6029 $ 14.00 $ 84,406.00 $ 13.00 $ 78,377.00 $ 15.60 $ 94,052.40 $ 9.00 $ 54,261.00 $ 17.00 $ 102,493.00 28 8030010 Detectable Warning Surface Ft 220 $ 35.00 $ 7,700.00 $ 32.00 $ 7,040.00 $ 32.50 $ 7,150.00 $ 32.00 $ 7,040.00 $ 32.00 $ 7,040.00 29 8030030 Curb Ramp Opening, Conc Ft 369 $ 25.00 $ 9,225.00 $ 20.00 $ 7,380.00 $ 21.50 $ 7,933.50 $ 20.00 $ 7,380.00 $ 26.00 $ 9,594.00 30 8030044 Sidewalk, Conc, 4 inch Sft 23887 $ 4.00 $ 95,548.00 $ 3.35 $ 80,021.45 $ 3.20 $ 76,438.40 $ 2.80 $ 66,883.60 $ 4.10 $ 97,936.70 31 8030046 Sidewalk, Conc, 6 inch Sft 1807 $ 5.00 $ 9,035.00 $ 4.00 $ 7,228.00 $ 3.90 $ 7,047.30 $ 3.50 $ 6,324.50 $ 5.25 $ 9,486.75 32 8030048 Sidewalk, Conc, 8 inch Sft 255 $ 6.00 $ 1,530.00 $ 4.50 $ 1,147.50 $ 4.40 $ 1,122.00 $ 4.00 $ 1,020.00 $ 6.50 $ 1,657.50 33 8032002 Curb Ramp, Conc, 6 inch Sft 2814 $ 6.00 $ 16,884.00 $ 7.00 $ 19,698.00 $ 5.95 $ 16,743.30 $ 5.50 $ 15,477.00 $ 6.50 $ 18,291.00 34 8110024 Pavt Mrkg, Ovly Cold Plastic, 6 inch, Crosswalk Ft 1120 $ 3.00 $ 3,360.00 $ 3.00 $ 3,360.00 $ 2.65 $ 2,968.00 $ 2.50 $ 2,800.00 $ 2.50 $ 2,800.00 35 8110044 Pavt Mrkg, Ovly Cold Plastic, 18 inch, Stop Bar Ft 129 $ 6.00 $ 774.00 $ 6.00 $ 774.00 $ 8.95 $ 1,154.55 $ 8.50 $ 1,096.50 $ 8.50 $ 1,096.50 Bid Tabulation 1 of 3 City of Muskegon Project Engineer: F. PEASE Date: 2/9/2022 Engineering Department Project Number: H92036 Project description: Houston, 9th to 3rd Engineer's Estimate: $ 1,445,401.50 Engineer Estimate Mc Cormick Sand Jackson Merkey Wadel K&R Line Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 36 8120012 Barricade, Type III, High Intensity, Double Sided, Lighted, Furn Ea 22 $ 80.00 $ 1,760.00 $ 110.00 $ 2,420.00 $ 110.00 $ 2,420.00 $ 110.00 $ 2,420.00 $ 100.00 $ 2,200.00 37 8120013 Barricade, Type III, High Intensity, Double Sided, Lighted, Oper Ea 22 $ 5.00 $ 110.00 $ 5.00 $ 110.00 $ 5.00 $ 110.00 $ 5.00 $ 110.00 $ 1.00 $ 22.00 38 8120026 Pedestrian Type II Barricade, Temp Ea 12 $ 100.00 $ 1,200.00 $ 100.00 $ 1,200.00 $ 100.00 $ 1,200.00 $ 100.00 $ 1,200.00 $ 65.00 $ 780.00 39 8120100 Dust Palliative, Applied Ton 30 $ 50.00 $ 1,500.00 $ 0.10 $ 3.00 $ 25.00 $ 750.00 $ 50.00 $ 1,500.00 $ 550.00 $ 16,500.00 40 8120170 Minor Traf Devices LSUM 1 $ 2,000.00 $ 2,000.00 $ 12,600.00 $ 12,600.00 $ 14,379.80 $ 14,379.80 $ 15,200.00 $ 15,200.00 $ 13,600.00 $ 13,600.00 41 8120252 Plastic Drum, Fluorescent, Furn Ea 128 $ 25.00 $ 3,200.00 $ 25.00 $ 3,200.00 $ 25.00 $ 3,200.00 $ 25.00 $ 3,200.00 $ 30.00 $ 3,840.00 42 8120253 Plastic Drum, Fluorescent, Oper Ea 128 $ 1.00 $ 128.00 $ 5.00 $ 640.00 $ 5.00 $ 640.00 $ 5.00 $ 640.00 $ 0.10 $ 12.80 43 8120350 Sign, Type B, Temp, Prismatic, Furn Sft 963 $ 5.00 $ 4,815.00 $ 3.00 $ 2,889.00 $ 3.00 $ 2,889.00 $ 3.00 $ 2,889.00 $ 7.00 $ 6,741.00 44 8120351 Sign, Type B, Temp, Prismatic, Oper Sft 963 $ 1.00 $ 963.00 $ 1.00 $ 963.00 $ 1.00 $ 963.00 $ 1.00 $ 963.00 $ 0.10 $ 96.30 45 8120352 Sign, Type B, Temp, Prismatic, Spec, Furn Sft 128 $ 7.00 $ 896.00 $ 6.00 $ 768.00 $ 6.00 $ 768.00 $ 6.00 $ 768.00 $ 10.00 $ 1,280.00 46 8120353 Sign, Type B, Temp, Prismatic, Spec, Oper Sft 128 $ 1.00 $ 128.00 $ 1.00 $ 128.00 $ 1.00 $ 128.00 $ 1.00 $ 128.00 $ 0.10 $ 12.80 47 8160062 Topsoil Surface, Furn, 4 inch Syd 5277 $ 4.00 $ 21,108.00 $ 4.00 $ 21,108.00 $ 5.15 $ 27,176.55 $ 7.00 $ 36,939.00 $ 3.00 $ 15,831.00 48 8167011 Hydroseeding Syd 5277 $ 0.50 $ 2,638.50 $ 1.00 $ 5,277.00 $ 0.95 $ 5,013.15 $ 1.50 $ 7,915.50 $ 1.00 $ 5,277.00 49 8237001 Watermain, DI, 16 inch, Tr Det G, Modified Ft 10 $ 90.00 $ 900.00 $ 120.00 $ 1,200.00 $ 344.50 $ 3,445.00 $ 240.00 $ 2,400.00 $ 200.00 $ 2,000.00 50 8237001 Watermain, DI, 8 inch, Tr Det G, Modified Ft 2690 $ 65.00 $ 174,850.00 $ 61.00 $ 164,090.00 $ 77.80 $ 209,282.00 $ 72.00 $ 193,680.00 $ 77.00 $ 207,130.00 51 8237001 Watermain, DI, 6 inch, Tr Det G, Modified Ft 186 $ 60.00 $ 11,160.00 $ 58.00 $ 10,788.00 $ 71.90 $ 13,373.40 $ 95.00 $ 17,670.00 $ 70.00 $ 13,020.00 52 8237001 Water Service, 1 inch, Copper Type K Ft 2047 $ 40.00 $ 81,880.00 $ 27.00 $ 55,269.00 $ 35.00 $ 71,645.00 $ 35.00 $ 71,645.00 $ 38.00 $ 77,786.00 53 8237001 Water Service, Private Property, 1 inch Ft 1077 $ 50.00 $ 53,850.00 $ 35.00 $ 37,695.00 $ 26.00 $ 28,002.00 $ 35.00 $ 37,695.00 $ 58.00 $ 62,466.00 54 8237001 Water Service, 2 inch, Copper Type K Ft 98 $ 60.00 $ 5,880.00 $ 45.00 $ 4,410.00 $ 50.00 $ 4,900.00 $ 55.00 $ 5,390.00 $ 57.00 $ 5,586.00 55 8237001 Water Service, Private Property, 2 inch Ft 56 $ 70.00 $ 3,920.00 $ 40.00 $ 2,240.00 $ 40.00 $ 2,240.00 $ 55.00 $ 3,080.00 $ 90.00 $ 5,040.00 56 8237050 Bend, 8 inch, 45 Degree, DI MJ Ea 14 $ 400.00 $ 5,600.00 $ 900.00 $ 12,600.00 $ 687.00 $ 9,618.00 $ 700.00 $ 9,800.00 $ 850.00 $ 11,900.00 57 8237050 Bend, 8 inch, 90 Degree, DI MJ Ea 1 $ 400.00 $ 400.00 $ 600.00 $ 600.00 $ 735.00 $ 735.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 58 8237050 Water Service, Building Connection, 1 inch Ea 55 $ 1,200.00 $ 66,000.00 $ 800.00 $ 44,000.00 $ 600.00 $ 33,000.00 $ 640.00 $ 35,200.00 $ 1,300.00 $ 71,500.00 59 8237050 Corporation Stop, 1 inch Ea 62 $ 350.00 $ 21,700.00 $ 400.00 $ 24,800.00 $ 850.00 $ 52,700.00 $ 700.00 $ 43,400.00 $ 700.00 $ 43,400.00 60 8237050 Curb Stop and Box, 1 inch Ea 55 $ 350.00 $ 19,250.00 $ 750.00 $ 41,250.00 $ 760.00 $ 41,800.00 $ 820.00 $ 45,100.00 $ 800.00 $ 44,000.00 61 8237050 Meter Pit Complete Ea 7 $ 1,300.00 $ 9,100.00 $ 700.00 $ 4,900.00 $ 1,100.00 $ 7,700.00 $ 900.00 $ 6,300.00 $ 1,600.00 $ 11,200.00 62 8237050 Hydrant, 6 inch, Standard Ea 5 $ 3,000.00 $ 15,000.00 $ 3,500.00 $ 17,500.00 $ 3,865.00 $ 19,325.00 $ 4,200.00 $ 21,000.00 $ 3,700.00 $ 18,500.00 63 8237050 Reducer, 8 inch X 6 inch, DI MJ Ea 2 $ 475.00 $ 950.00 $ 1,500.00 $ 3,000.00 $ 766.50 $ 1,533.00 $ 650.00 $ 1,300.00 $ 650.00 $ 1,300.00 64 8237050 Sleeve, 6 inch, Long, DI MJ Ea 1 $ 800.00 $ 800.00 $ 1,000.00 $ 1,000.00 $ 1,900.00 $ 1,900.00 $ 1,270.00 $ 1,270.00 $ 1,275.00 $ 1,275.00 65 8237050 Sleeve, 16 inch, Long, DI MJ Ea 2 $ 1,500.00 $ 3,000.00 $ 1,800.00 $ 3,600.00 $ 4,522.00 $ 9,044.00 $ 2,900.00 $ 5,800.00 $ 2,600.00 $ 5,200.00 66 8237050 Tee, 16 inch x 8 inch, DI MJ Ea 1 $ 1,000.00 $ 1,000.00 $ 1,700.00 $ 1,700.00 $ 2,991.00 $ 2,991.00 $ 3,000.00 $ 3,000.00 $ 2,400.00 $ 2,400.00 67 8237050 Tee, 8 inch X 8 inch, DI MJ Ea 3 $ 800.00 $ 2,400.00 $ 900.00 $ 2,700.00 $ 1,262.00 $ 3,786.00 $ 1,100.00 $ 3,300.00 $ 1,050.00 $ 3,150.00 68 8237050 Tee, 8 inch x 6 inch, DI MJ Ea 7 $ 500.00 $ 3,500.00 $ 850.00 $ 5,950.00 $ 1,187.00 $ 8,309.00 $ 1,050.00 $ 7,350.00 $ 1,000.00 $ 7,000.00 69 8237050 Valve, 8 inch, Gate, with Box Ea 9 $ 2,000.00 $ 18,000.00 $ 2,800.00 $ 25,200.00 $ 2,112.00 $ 19,008.00 $ 2,300.00 $ 20,700.00 $ 2,400.00 $ 21,600.00 70 8237050 Valve, 6 inch, Gate, with Box Ea 7 $ 1,500.00 $ 10,500.00 $ 1,800.00 $ 12,600.00 $ 1,428.00 $ 9,996.00 $ 1,800.00 $ 12,600.00 $ 1,850.00 $ 12,950.00 71 8237050 Cut and Cap, 6 inch Watermain Ea 1 $ 500.00 $ 500.00 $ 700.00 $ 700.00 $ 971.50 $ 971.50 $ 650.00 $ 650.00 $ 1,300.00 $ 1,300.00 Bid Tabulation 2 of 3 City of Muskegon Project Engineer: F. PEASE Date: 2/9/2022 Engineering Department Project Number: H92036 Project description: Houston, 9th to 3rd Engineer's Estimate: $ 1,445,401.50 Engineer Estimate Mc Cormick Sand Jackson Merkey Wadel K&R Line Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 72 8237050 Cap, 6 inch, DI MJ Ea 6 $ 300.00 $ 1,800.00 $ 250.00 $ 1,500.00 $ 635.50 $ 3,813.00 $ 650.00 $ 3,900.00 $ 650.00 $ 3,900.00 73 8237050 Cap, 8 inch, DI MJ Ea 1 $ 400.00 $ 400.00 $ 300.00 $ 300.00 $ 766.00 $ 766.00 $ 700.00 $ 700.00 $ 750.00 $ 750.00 74 8237050 Corporation Stop, 2 inch Ea 3 $ 1,000.00 $ 3,000.00 $ 1,000.00 $ 3,000.00 $ 1,459.00 $ 4,377.00 $ 1,125.00 $ 3,375.00 $ 1,000.00 $ 3,000.00 75 8237050 Curb Stop and Box, 2 inch Ea 3 $ 1,000.00 $ 3,000.00 $ 1,000.00 $ 3,000.00 $ 1,312.00 $ 3,936.00 $ 1,180.00 $ 3,540.00 $ 1,100.00 $ 3,300.00 76 8237050 Sleeve, 8 inch, Long, DI MJ Ea 11 $ 500.00 $ 5,500.00 $ 900.00 $ 9,900.00 $ 2,762.00 $ 30,382.00 $ 1,300.00 $ 14,300.00 $ 1,275.00 $ 14,025.00 77 8237050 Water Service, Building Connection, 2 inch Ea 3 $ 1,600.00 $ 4,800.00 $ 1,000.00 $ 3,000.00 $ 1,000.00 $ 3,000.00 $ 830.00 $ 2,490.00 $ 1,350.00 $ 4,050.00 78 8237050 Bend, 6 inch, 45 Degree, DI MJ Ea 4 $ 400.00 $ 1,600.00 $ 700.00 $ 2,800.00 $ 590.50 $ 2,362.00 $ 600.00 $ 2,400.00 $ 650.00 $ 2,600.00 79 8237050 Reducer, 6 inch x 4 inch, DI MJ Ea 2 $ 400.00 $ 800.00 $ 1,200.00 $ 2,400.00 $ 541.50 $ 1,083.00 $ 560.00 $ 1,120.00 $ 500.00 $ 1,000.00 TOTAL BID AMOUNT $ 1,445,401.50 $ 1,412,968.15 $ 1,634,144.90 $ 1,655,674.25 $ 1,782,488.35 Bid Tabulation 3 of 3 INDEX TO SHEETS CITY OF MUSKEGON HOUSTON AVE FROM NINTH TO THIRD ST., TRAFFIC, SAFETY STANDARD PLANS UTILITIES ELECTRIC JOEL BROWN CONSUMERS ENERGY 700 E STERNBERG ROAD NORTON SHORES, MI 49441 (231) 557-8762 TELEPHONE CINDY WHITEMAN FRONTIER COMMUNICATIONS 860 TERRACE STREET STANDARD PLANS MUSKEGON MI 49440 (231) 727-0290 GAS TONY FERRIER DTE ENERGY 2359 OLTHOFF DRIVE MUSKEGON MI 49444 (231) 726-0943 (CELL) CABLE JIM STITZEL COMCAST 700 W BROADWAY AVENUE MUSKEGON, MI 49441 (810) 217-1642 WATER & SEWER DAVE BAKER CITY OF MUSKEGON DPW 1350 E KEATING AVENUE MUSKEGON MI 49442 (231) 724-4100 CONSTRUCTION INCLUDES 0.52 MILES OF HMA PAVEMENT RECONSTRUCTION; INCLUDING HMA REMOVAL, HMA PAVEMENT, WATER MAIN, WATER SERVICES, STORM SEWER, CONCRETE SIDEWALKS, CURB & GUTTER, AND PAVEMENT MARKINGS ON HOUSTON AVE IN THE CITY OF MUSKEGON, MUSKEGON COUNTY. PREPARED UNDER THE SUPERVISION OF: LEO EVANS, P.E. CITY ENGINEER CITY OF MUSKEGON ENGINEERING DEPARTMENT 1350 E KEATING AVE 55599 MUSKEGON MI 49442 REGISTRATION NUMBER CITY OF MUSKEGON HOUSTON AVE OFFICE OF THE CITY ENGINEER NINTH TO THIRD DRAWN F. PEASE SEPT 21 REVISION CHECKED REVISION SURVEY F.PEASE 2019 H-92036 AS-BUILT PROJECT NO APPROVED REVISION SCALE NO SCALESHEET NO 1 OF 16 HOUSTON AVE, THIRD TO NINTH ST. CROSS SECTION AND DETAIL SHEET 4' MIN NOTE: ADJUSTMENT OF NEW DR STRUCTURES DRAINAGE STRUCTURE COVER EAST JORDAN WILL BE INCLUDED IN THE COST OF THE NEW #1045 OR APPROVED BY ENGINEER CATCH BASIN CASTING DR STRUCTURES. ADJUSTMENT OF THE NEW DR EAST JORDAN #7045 STRUCTURES WILL BE DONE IN ACCORDANCE WITH PLACE 8" THICK CONCRETE AROUND DRAINAGE STRUCTURE COVER, ADJUST DETAIL. THE ADJUSTED CASTING STRUCK OFF 2" 4' MIN BELOW HMA LEVELING COURSE. AFTER 24 HRS OF CURE TIME AND BEFORE HMA, TOP COURSE IS PLACED, PLACE 2" OF COMPACTED BRICK HMA OVER THE CONCRETE BASE FLUSH WITH BRICK THE HMA, LEVELING COURSE. THIS WORK IS INCLUDED IN THE PAY ITEM, DR 24" STRUCTURE COVER, ADJUST, CASE 1, MODIFIED PLACE 2 INCHES OF HMA, LEVELING OVER 8 INCH CONCRETE BASE FLUSH 6" MIN ADJUSTMENT min 6" WITH HMA, LEVELING COURSE SAW CUT EDGES 6" 2" HMA, TOP COURSE PRECAST CONCRETE 2" HMA, LEVELING COURSE (ASTM C-478) EXISTING 8" GRAVEL BASE PROPOSED PIPE MIN CORE DIA 2" 24" 8" THICK CONCRETE, STRIKE GREATER THAN PIPE O.D. 4" OFF 2 INCHES BELOW HMA LEVELING COURSE. 6" MIN 18" WHERE CALLED FOR ON PLANS "DRAINAGE STRUCTURE, ADDITIONAL DEPTH, ADJUST, MODIFIED" IS EQUAL TO OR EXCEEDS 2' THE CONTRACTOR WILL USE PRECAST 48" TYP. ECCENTRIC CONE SECTIONS CONFORMING TO ASTM C-478. LINE UP STEPS 4" (26A) GRAVEL BASE REQUIRED EXISTING PRECAST CONC OR BRICK STRUCTURE WATER VALVE BOX AND COVER, COMPLETE DETAIL HOUSTON AVE HMA APPLICATION DRAINAGE STRUCTURE COVERS PLACE 8" THICK CONCRETE AROUND 2' MIN HMA MIX RATE PERFORMANCE DETAIL UNIT TOTAL THE ADJUSTED CASTING STRUCK OFF 2" GRADE QUANTITY CASTING DESCRIPTION WEIGHT WEIGHT BELOW HMA, LEVELING COURSE. AFTER HMA, 4EML (TOP COURSE) 220# / SYD 70-28(P) 2 INCH-1 LIFT AWI 260, MIN TYPE HMA, 4EML (LEVEL COURSE) 220# / SYD 64-28 2 INCH-1 LIFT EXISTING LEAD JOINTS TYPICAL 24 HRS OF CURE TIME AND BEFORE HMA, HMA HAND PATCHING 25 EA K CATCH BASIN CASTING EAST JORDAN #7045 OR EQUAL 490# 12,250# TOP COURSE IS PLACED, PLACE 2" OF COMPACTED 220# / SYD 64-28 2 INCH-1 LIFT (HMA, 4EML) MANHOLE CASTING EAST JORDAN #1045 OR EQUAL HMA, OVER THE CONCRETE BASE FLUSH WITH HMA BOND COAT, SS-1H, AT 0.05 TO 0.15 GAL/SY, SHALL BE PLACED BETWEEN 33 EA B 330# 10,890# CLAMP EACH LIFT THE COST IS INCLUDED WITH THE HMA PAY ITEM. TYPE A - SOLID COVER CLAMP 2' MIN THE HMA, LEVELING COURSE. THIS WORK IS INCLUDED IN THE PAY ITEM, WATER VALVE BOX AND COVER, COMPLETE. PLACE 2 INCHES OF HMA, LEVELING OVER SAW CUT EDGES 8 INCH CONCRETE BASE FLUSH WITH HMA, LEVELING COURSE 2" HMA, TOP COURSE EXISTING VALVE AND EXISTING 6" CAST IRON WATERMAIN TO BE RESTRAINED WITH CLAMPS AND TIE RODS BEFORE CUTTING PIPE FOR CAP. 2" HMA, LEVELING COURSE TIE RODS AND CLAMPS INCLUDED IN COST FOR 8" AGGREGATE BASE CUT AND CAP, 6 INCH WATERMAIN. 8" THICK CONCRETE, STRIKE OFF 2" BELOW HMA LEVELING COURSE. DUCTILE IRON MECHANICAL JOINT CAP WITH RETAINING GLANDS PLACE BONNET ON 4 EQUALLY SPACED CONC BRICKS LID SHALL BE SET FLUSH WITH EXISTING GRADE TOP SHALL BE IN ACCORDANCE WITH THE MDOT STANDARD PLAN R-1-G (PRECAST FLAT TOP SECTION 10.5 INCH TO CENTER OF YOKE CONFORMING TO ASTM C-478) 18 INCH TO 20 INCH CATCH BASIN CASTING EAST SUMMARY OF PAVEMENT CORING FORD HOOD STD. W-3 W / 11.5 INCH LID FROST LID JORDAN #7045 AS CALLED FOR ON PLANS OR APPROVED EQUAL STOP FOR 1" COPPER CORE # STATION # HMA THICKNESS GRAVEL THICKNESS SOIL TYPE TO 6-9.5' BELOW PAVT TO 3/4" METER EXPANSION TB-01 1+55 CL 3.5" *5" SAND: LIGHT BROWN FINE HANDWHEEL TB-02 8+34 RT 3.25" *18.0" SAND: LIGHT BROWN FINE METER ADJUSTMENT TB-03 15+10 LT 4.0" *4" SAND: LIGHT BROWN FINE GUTTER 36 INCH TB-04 26+06 RT 5.0" *4" SAND: LIGHT BROWN FINE 3/4 INCH 6" MIN 5.5 FOOT MINIMUM COVER P.V.C. PIT YOKE BAR YOKE "L" W/DRAIN FOR 1" COPPER TO 3/4" METER PRECAST 20" I.D. CONCRETE JOINTS SHALL BE RUBBER (ASTM C-478) O-RING GASKETS PIPE PER PLAN INVERT BRICK SUPPORT 4 REQUIRED FLOW FLOW CONCRETE FOOTING WATER SERVICE - 1 INCH TYPE "K" COPPER GRADE 'B' WHERE POSSIBLE, EXISTING OUT SIDE METERS SHALL BE RELOCATED, BY THE CITY, INSIDE THE RESIDENCE OR PLACE OF BUSINESS. IF METERS HAVE TO REMAIN OUTSIDE, NEW METER PITS SHALL BE INSTALLED ON THE PROPERTY LINE. ALL ABANDONED METER PITS SHALL BE REMOVED BY THE CONTRACTOR, THE REMOVAL TO BE INCLUDED IN THE NEW WATER SERVICE. 4" (26A) GRAVEL BASE REQUIRED CITY OF MUSKEGON HOUSTON AVE 3 WORKING DAYS EXCLUDING SAT, SUN & HOLIDAYS OFFICE OF THE CITY ENGINEER NINTH TO THIRD Know what's below. DRAWN F. PEASE SEPT 21 REVISION CHECKED REVISION SURVEY F.PEASE 2020 H-92036 AS-BUILT PROJECT NO Call before you dig. APPROVED REVISION SCALE NO SCALESHEET NO 2 OF 16 HOUSTON AVE ADDITIONAL QUANTITIES THIS SHEET STA 0+83 TO 5+83 DESCRIPTION QUANTITIES UNIT AGGREGATE BASE, 8 INCH 1654 SYD CURB AND GUTTER, CONC, DET F4 1026 FT EROSION CONTROL, INLET PROTECTION, FABRIC DROP 2 EA HMA, LEVELING 191 TON HMA, TOP 191 TON HYDROSEEDING 1109 SYD MACHINE GRADING, MODIFIED 5 STA LINE PAVT, REM, MODIFIED 1864 SYD SIDEWALK, CONC, 4 INCH 2777 SF SIDEWALK, CONC, 6 INCH 298 SF TREE 37" OR LARGER SHRUBS SAW SAW SIDEWALK, REM 342 SYD SHRUBS TOPSOIL SURFACE, FURN, 4 INCH 1109 SYD CS CS CS CS CS SHRUBS CS CS MP MP SHRUB TREE 13"- 24" TREE 3"- 7" TREE 13"- 24" PROP 30' B-B EX. 29' B-B PROP 8" D.I. WM P.O.B. 0+83 1+00 2+00 3+00 4+00 5+00 TOTAL QUANTITIES THIS SHEET DESCRIPTION QUANTITIES UNIT AGGREGATE BASE, 8 INCH 1654 SYD CURB AND GUTTER, CONC, DET F4 1026 FT TREE 25"- 36" TREE 25"- 36" MP CURB RAMP OPENING,CONC 81 FT MP MATCH MP DETECTABLE WARNING SURFACE 50 FT CS MP DRIVEWAY, NONREINF CONC, 6 INCH, MODIFIED 101 SYD CS CS CS CS TREE 25"- 36" SAW SAW EROSION CONTROL, INLET PROTECTION, FABRIC DROP 2 EA HMA, LEVELING 191 TON HMA, TOP 191 TON HYDROSEEDING 1109 SYD MACHINE GRADING, MODIFIED 5 STA PAVT, REM, MODIFIED 1864 SYD SIDEWALK, CONC, 4 INCH 615 SF CURB RAMP, CONC, 6 INCH 611 SF SIDEWALK, REM 216 SYD TOPSOIL SURFACE, FURN, 4 INCH 1109 SYD Profile View Station of Houston Ave 617.0 617.0 616.0 616.0 615.0 615.0 614.0 614.0 613.0 613.0 612.0 612.0 611.0 611.0 Elevation Elevation 610.0 610.0 MIN. 5.5' DEPTH 609.0 609.0 608.0 608.0 1.5' MIN. 3 WORKING DAYS EXCLUDING SAT, SUN & HOLIDAYS DIG MISS 607.0 607.0 45 DEG BEND 45 DEG BEND 606.0 606.0 45 DEG BEND 45 DEG BEND 605.0 605.0 604.0 604.0 603.0 603.0 602.0 602.0 SCALE: 1"=20' VERT. SCALE: 1"=2' 0+83 1+00 2+00 3+00 4+00 5+00 5+83 Station 608.570 608.882 609.561 613.988 613.378 613.808 610.661 612.861 609.54 608.92 611.761 612.311 612.36 614.48 612.97 613.58 610.72 614.16 610.111 611.211 610.15 611.84 611.27 ROAD PLAN AND ROAD PROFILE CITY OF MUSKEGON HOUSTON AVE OFFICE OF THE CITY ENGINEER NINTH TO THIRD DRAWN CHECKED F. PEASE SEPT 21 REVISION REVISION SURVEY F.PEASE 2020 H-92036 AS-BUILT PROJECT NO APPROVED REVISION SCALE NO SCALESHEET NO 3 OF 16 HOUSTON AVE ADDITIONAL QUANTITIES THIS SHEET STA 5+83 TO 10+83 DESCRIPTION AGGREGATE BASE, 8 INCH QUANTITIES 1627 UNIT SYD CURB AND GUTTER, CONC, DET F4 996 FT EROSION CONTROL, INLET PROTECTION, FABRIC DROP 3 EA HAND PATCHING 10 TON HMA, LEVELING 188 TON HMA, TOP 188 TON HYDROSEEDING 851 SYD MACHINE GRADING, MODIFIED 5 STA PAVT, REM, MODIFIED 2100 SYD TOPSOIL SURFACE, FURN, 4 INCH 851 SYD SIDEWALK, REM 363 SYD SIDEWALK, CONC, 4 INCH 2970 SF SIDEWALK, CONC, 6 INCH 300 SF LINE LINE SAW SAW CS CS CS CS TOTAL QUANTITIES THIS SHEET CS CS DESCRIPTION QUANTITIES UNIT TREE 13"- 24" TREE 25"- 36" TREE 13"- 24" MP MP TREE 25"- 36" AGGREGATE BASE, 8 INCH 1627 SYD TREE 8"- 12" CATCH BASIN 4 FT DIA, SPECIAL DETAIL 3 EA CURB AND GUTTER, CONC, DET F4 996 FT CURB RAMP OPENING,CONC PROP 30' B-B 72 FT EX. 29' B-B PROP 30' B-B EX. 29' B-B 6+00 7+00 DETECTABLE WARNING SURFACE 40 FT 8+00 9+00 10+00 DR STRUCTURE COVER, TYPE K, MODIFIED 3 EA DR STRUCTURE, REM, MODIFIED 4 EA DRIVEWAY, NONREINF CONC, 6 INCH, MODIFIED 84 SYD TREE 13"- 24" DRIVEWAY, NONREINF CONC, 8 INCH, MODIFIED 24 SYD TREE 25"- 36" EROSION CONTROL, INLET PROTECTION, FABRIC DROP TREE 3"- 7" MP 3 EA MP MP MP HAND PATCHING 10 TON CS CS MP HMA, LEVELING 188 TON CS MATCH SAW SAW HMA, TOP 188 TON MATCH HYDROSEEDING 851 SYD MACHINE GRADING, MODIFIED 5 STA PAVT, REM, MODIFIED 2100 SYD SEWER, DUCTILE IRON, CL 52, 8 INCH, TR DET B 28 FT SEWER, PVC SDR 35, 8 INCH, TR DET B 160 FT SEWER, REM, LESS THAN 24 INCH 31 FT SIDEWALK, CONC, 4 INCH 3845 SF SIDEWALK, CONC, 8 INCH 255 SF CURB RAMP, CONC, 6 INCH 542 SF SIDEWALK, REM 784 SYD TOPSOIL SURFACE, FURN, 4 INCH 851 SYD SIDEWALK, CONC, 6 INCH 300 SF Profile View Station of Houston Ave 617.0 617.0 616.0 616.0 615.0 615.0 614.0 614.0 3 WORKING DAYS EXCLUDING SAT, SUN & HOLIDAYS Elevation Elevation DIG MISS 613.0 613.0 MIN. 5.5' DEPTH 612.0 612.0 1.5' MIN. 611.0 611.0 610.0 610.0 609.0 609.0 608.0 608.0 SCALE: 1"=20' 607.0 607.0 VERT. SCALE: 1"=2' 5+83 6+00 7+00 8+00 9+00 10+00 10+83 Station 614.490 614.640 614.940 614.790 614.340 615.292 614.040 615.098 613.988 615.070 614.971 614.190 614.94 614.89 614.60 614.73 614.48 615.05 614.83 615.02 615.02 614.82 614.78 ROAD PLAN AND ROAD PROFILE CITY OF MUSKEGON HOUSTON AVE OFFICE OF THE CITY ENGINEER NINTH TO THIRD DRAWN CHECKED F. PEASE SEPT 21 REVISION REVISION SURVEY F.PEASE 2020 H-92036 AS-BUILT PROJECT NO APPROVED REVISION SCALE NO SCALESHEET NO 4 OF 16 HOUSTON AVE ADDITIONAL QUANTITIES THIS SHEET STA 10+83 TO 15+83 DESCRIPTION QUANTITIES UNIT AGGREGATE BASE, 8 INCH 1658 SYD CURB AND GUTTER, CONC, DET F4 1017 FT EROSION CONTROL, INLET PROTECTION, FABRIC DROP 4 EA HMA, LEVELING 193 TON HMA, TOP 193 TON HYDROSEEDING 1031 SYD MACHINE GRADING, MODIFIED 5 STA PAVT, REM, MODIFIED 1783 SYD TOPSOIL SURFACE, FURN, 4 INCH 1031 SYD SIDEWALK, REM 404 SYD LINE SIDEWALK, CONC, 4 INCH 3125 SF LINE SIDEWALK, CONC, 6 INCH 270 SF SAW SAW CS CS CS CS CS CS CS CS N C. TREE 25"- 36" " CO TREE 25"- 36" TREE 25"- 36" ' 12 44 TREE 13"- 24" TREE 13"- 24" 60 '1 2" D. PROP 30' B-B EX. 29' B-B I. QUANTITIES THIS SHEET EX. 29' B-B PROP 30' B-B 11+00 D.I. 12+00 28' 12" CON 13+00 14+00 15+00 DESCRIPTION QUANTITIES UNIT 28' 12" AGGREGATE BASE, 8 INCH 1658 SYD CATCH BASIN 4 FT DIA, SPECIAL DETAIL 4 EA C. TREE 25"- 36" CATCH BASIN 2 FT DIA, SPECIAL DETAIL 2 EA 31 TREE 13"- 24" '1 2" CURB AND GUTTER, CONC, DET F4 1017 FT CO NC CURB RAMP OPENING,CONC 72 FT . CS DETECTABLE WARNING SURFACE 40 FT MATCH CS CS CS CS 28' 12" CONC. CS CS DR STRUCTURE COVER, ADJ, CASE I, MODIFIED 1 EA MATCH DR STRUCTURE COVER, TYPE B, MODIFIED 1 EA SAW SAW DR STRUCTURE COVER, TYPE K, MODIFIED 6 EA TREE 37" OR LARGER DR STRUCTURE, REM, MODIFIED 4 EA DR STRUCTURE TAP, 12 INCH 2 EA DRIVEWAY, NONREINF CONC, 6 INCH, MODIFIED 139 SYD EROSION CONTROL, INLET PROTECTION, FABRIC DROP 4 EA HMA, LEVELING 193 TON HMA, TOP 193 TON HYDROSEEDING 1031 SYD MACHINE GRADING, MODIFIED 5 STA PAVT, REM, MODIFIED 1783 SYD SEWER, CL E, 12 INCH, TR DET B 131 FT SEWER, DUCTILE IRON, CL 52, 12 INCH, TR DET B 88 FT SEWER, REM, LESS THAN 24 INCH 128 FT SIDEWALK, CONC, 4 INCH 3691 SF Profile View Station of Houston Ave SIDEWALK, CONC, 6 INCH 270 SF CURB RAMP, CONC, 6 INCH 543 SF SIDEWALK, REM 665 SYD TOPSOIL SURFACE, FURN, 4 INCH 1031 SYD 617.0 617.0 616.0 616.0 615.0 615.0 614.0 614.0 613.0 613.0 MIN. 5.5' DEPTH 612.0 612.0 Elevation Elevation 611.0 611.0 1.5' MIN. 3 WORKING DAYS 1.5' MIN. 610.0 610.0 EXCLUDING SAT, SUN & HOLIDAYS DIG MISS 609.0 609.0 608.0 608.0 607.0 607.0 606.0 606.0 605.0 605.0 SCALE: 1"=20' VERT. SCALE: 1"=2' 604.0 604.0 10+83 11+00 12+00 13+00 14+00 15+00 15+83 Station 614.739 614.640 614.484 614.920 614.620 614.470 614.320 614.770 614.020 614.971 614.163 614.170 614.66 614.66 614.69 614.64 614.89 614.68 614.84 614.74 614.91 614.71 614.81 ROAD PLAN AND ROAD PROFILE CITY OF MUSKEGON HOUSTON AVE OFFICE OF THE CITY ENGINEER NINTH TO THIRD DRAWN CHECKED F. PEASE SEPT 21 REVISION REVISION SURVEY F.PEASE 2020 H-92036 AS-BUILT PROJECT NO APPROVED REVISION SCALE NO SCALESHEET NO 5 OF 16 HOUSTON AVE ADDITIONAL QUANTITIES THIS SHEET STA 15+83 TO 20+83 DESCRIPTION QUANTITIES UNIT AGGREGATE BASE, 8 INCH 1606 SYD CURB AND GUTTER, CONC, DET F4 1432 FT EROSION CONTROL, INLET PROTECTION, FABRIC DROP 4 EA HMA, LEVELING 186 TON HMA, TOP 186 TON HYDROSEEDING 1074 SYD LINE MACHINE GRADING, MODIFIED 5 STA LINE PAVT, REM, MODIFIED 1808 SYD TOPSOIL SURFACE, FURN, 4 INCH 1074 SYD SIDEWALK, REM 432 SYD TREE 13"- 24" CS SAW SAW SIDEWALK, CONC, 4 INCH 3867 SF CS CS CS TREE 13"- 24" MP MP TREE 13"- 24" TREE 13"- 24" TREE 25"- 36" EX. 29' B-B PROP 30' B-B 29' 12" CONC. PROP 30' B-B EX. 29' B-B 16+00 17+00 18+00 19+00 20+00 QUANTITIES THIS SHEET TREE 13"- 24" DESCRIPTION QUANTITIES UNIT TREE 13"- 24" TREE 25"- 36" AGGREGATE BASE, 8 INCH 1606 SYD TREE 3"- 7" TREE 3"- 7" CATCH BASIN 2 FT DIA, SPECIAL DETAIL 1 EA CS CS CS CS CS CURB AND GUTTER, CONC, DET F4 1432 FT TREE 25"- 36" CS CS MATCH SAW SAW CURB RAMP OPENING,CONC 72 FT MATCH DETECTABLE WARNING SURFACE 40 FT TREE 37" OR LARGER TREE 25"- 36" DR STRUCTURE COVER, ADJ, CASE I, MODIFIED 2 EA DR STRUCTURE COVER, TYPE B, MODIFIED 1 EA DR STRUCTURE COVER, TYPE K, MODIFIED 2 EA DR STRUCTURE, REM, MODIFIED 1 EA DR STRUCTURE TAP, 12 INCH 1 EA DRIVEWAY, NONREINF CONC, 6 INCH, MODIFIED 27 SYD EROSION CONTROL, INLET PROTECTION, FABRIC DROP 4 EA HMA, LEVELING 186 TON HMA, TOP 186 TON HYDROSEEDING 1074 SYD MACHINE GRADING, MODIFIED 5 STA PAVT, REM, MODIFIED 1808 SYD SEWER, CL E, 12 INCH, TR DET B 29 FT SIDEWALK, CONC, 4 INCH 4371 SF CURB RAMP, CONC, 6 INCH 583 SF SIDEWALK, REM 573 SYD Profile View Station of Houston Ave TOPSOIL SURFACE, FURN, 4 INCH 1074 SYD 617.0 617.0 616.0 616.0 615.0 615.0 614.0 614.0 Elevation Elevation MIN. 5.5' DEPTH 613.0 613.0 612.0 612.0 611.0 611.0 3 WORKING DAYS EXCLUDING SAT, SUN & HOLIDAYS DIG MISS 610.0 610.0 609.0 609.0 608.0 608.0 607.0 607.0 SCALE: 1"=20' 15+83 16+00 17+00 18+00 19+00 20+00 20+83 Station VERT. SCALE: 1"=2' 614.940 614.739 615.429 614.790 615.390 615.540 615.560 615.090 615.240 615.330 615.137 615.180 614.94 614.92 615.44 614.77 615.05 615.31 614.81 615.13 615.13 615.18 615.12 ROAD PLAN AND ROAD PROFILE CITY OF MUSKEGON HOUSTON AVE OFFICE OF THE CITY ENGINEER NINTH TO THIRD DRAWN CHECKED F. PEASE SEPT 21 REVISION REVISION SURVEY F.PEASE 2020 H-92036 AS-BUILT PROJECT NO APPROVED REVISION SCALE NO SCALESHEET NO 6 OF 16 HOUSTON AVE ADDITIONAL QUANTITIES THIS SHEET STA 20+83 TO 25+83 DESCRIPTION QUANTITIES UNIT AGGREGATE BASE, 8 INCH 1718 SYD CURB AND GUTTER, CONC, DET F4 1153 FT EROSION CONTROL, INLET PROTECTION, FABRIC DROP 2 EA HMA, LEVELING 199 TON HMA, TOP 199 TON HYDROSEEDING 942 SYD MACHINE GRADING, MODIFIED 5 STA PAVT, REM, MODIFIED 1923 SYD TOPSOIL SURFACE, FURN, 4 INCH 942 SYD SIDEWALK, REM 686 SYD SIDEWALK, CONC, 4 INCH 3344 SF SIDEWALK, CONC, 6 INCH 492 SF LINE LINE SAW SAW QUANTITIES THIS SHEET CS CS DESCRIPTION QUANTITIES UNIT CS AGGREGATE BASE, 8 INCH 1718 SYD TREE 8"- 12" CATCH BASIN 4 FT DIA, SPECIAL DETAIL 1 EA CATCH BASIN 2 FT DIA, SPECIAL DETAIL 1 EA CURB AND GUTTER, CONC, DET F4 1153 FT CURB RAMP OPENING,CONC 72 FT EX. 29' B-B PROP 30' B-B PROP 30' B-B EX. 29' B-B DETECTABLE WARNING SURFACE 50 FT 21+00 22+00 23+00 24+00 25+00 DR STRUCTURE COVER, TYPE B, MODIFIED 2 EA DR STRUCTURE COVER, TYPE K, MODIFIED 2 EA DR STRUCTURE, REM, MODIFIED 5 EA DRIVEWAY, NONREINF CONC, 6 INCH, MODIFIED 163 SYD TREE 13"- 24" TREE 13"- 24" DRIVEWAY, NONREINF CONC, 8 INCH, MODIFIED 43 SYD TREE 3"- 7" TREE 3"- 7" TREE 13"- 24" MP MP EROSION CONTROL, INLET PROTECTION, FABRIC DROP 2 EA TREE 13"- 24" HMA, LEVELING 199 TON CS CS CS CS CS HMA, TOP 199 TON MATCH CS MATCH HYDROSEEDING 942 SYD MACHINE GRADING, MODIFIED 5 STA DR STRUCTURE, 48 INCH DIA 2 EA PAVT, REM, MODIFIED 1923 SYD SAW SAW SEWER, DUCTILE IRON, CL 52, 12 INCH, TR DET B 212 FT SEWER, DUCTILE IRON, CL 52, 10 INCH, TR DET B 82 FT SEWER, CL E, 12 INCH, TR DET B 52 FT SEWER TAP, 12 INCH 2 EA SIDEWALK, CONC, 4 INCH 3795 SF SIDEWALK, CONC, 6 INCH 492 SF CURB RAMP, CONC, 6 INCH 535 SF SIDEWALK, REM 795 SYD TOPSOIL SURFACE, FURN, 4 INCH 942 SYD Profile View Station of Houston Ave 617.0 617.0 616.0 616.0 615.0 615.0 MIN. 5.5' DEPTH 3 WORKING DAYS 614.0 614.0 Elevation Elevation EXCLUDING SAT, SUN & HOLIDAYS DIG MISS 613.0 613.0 612.0 612.0 1.5' MIN. 611.0 611.0 610.0 610.0 45 DEG BEND SCALE: 1"=20' 45 DEG BEND 45 DEG BEND 45 DEG BEND 609.0 609.0 VERT. SCALE: 1"=2' 608.0 608.0 20+83 21+00 22+00 23+00 24+00 25+00 25+83 Station 615.429 615.630 615.930 616.248 615.860 616.080 616.278 615.480 615.780 615.710 615.611 616.011 615.49 615.65 615.97 616.07 615.68 615.58 615.88 615.91 615.51 616.01 616.17 ROAD PLAN AND ROAD PROFILE CITY OF MUSKEGON HOUSTON AVE OFFICE OF THE CITY ENGINEER NINTH TO THIRD DRAWN CHECKED F. PEASE SEPT 21 REVISION REVISION SURVEY F.PEASE 2020 H-92036 AS-BUILT PROJECT NO APPROVED REVISION SCALE NO SCALESHEET NO 7 OF 16 ADDITIONAL QUANTITIES THIS SHEET STA 25+83 TO 28+20 DESCRIPTION QUANTITIES UNIT AGGREGATE BASE, 8 INCH 737 SYD CURB AND GUTTER, CONC, DET F4 405 FT EROSION CONTROL, INLET PROTECTION, FABRIC DROP 1 EA HMA, LEVELING 86 TON HMA, TOP 86 TON HYDROSEEDING 270 SYD MACHINE GRADING, MODIFIED 2.4 STA HOUSTON AVE PAVT, REM, MODIFIED TOPSOIL SURFACE, FURN, 4 INCH SIDEWALK, REM 829 270 224 SYD SYD SYD SIDEWALK, CONC, 4 INCH 1718 SF SIDEWALK, CONC, 6 INCH 297 SF LINE QUANTITIES THIS SHEET DESCRIPTION QUANTITIES UNIT AGGREGATE BASE, 8 INCH 737 SYD CATCH BASIN 4 FT DIA, SPECIAL DETAIL 1 EA CATCH BASIN 2 FT DIA, SPECIAL DETAIL 1 EA CS CURB AND GUTTER, CONC, DET F4 405 FT DR STRUCTURE COVER, TYPE K, MODIFIED 2 EA DRIVEWAY, NONREINF CONC, 6 INCH, MODIFIED 90 SYD PROP 30' B-B EX. 29' B-B 28+20 EROSION CONTROL, INLET PROTECTION, FABRIC DROP 28+00 1 EA 26+00 27+00 P.O.E. HMA, LEVELING 86 TON HMA, TOP 86 TON HYDROSEEDING 270 SYD TREE 13"- 24" MACHINE GRADING, MODIFIED TREE 25"- 36" 2.4 STA PAVT, REM, MODIFIED 829 SYD SEWER, DUCTILE IRON, CL 52, 12 INCH, TR DET B 45 FT CS SIDEWALK, CONC, 4 INCH 1753 SF SIDEWALK, CONC, 6 INCH 297 SF MATCH SIDEWALK, REM 308 SYD TOPSOIL SURFACE, FURN, 4 INCH 270 SYD Profile View Station of Houston Ave 617.0 617.0 616.0 616.0 615.0 615.0 3 WORKING DAYS EXCLUDING SAT, SUN & HOLIDAYS DIG MIN. 5.5' DEPTH MISS 614.0 614.0 Elevation Elevation 613.0 613.0 612.0 612.0 611.0 611.0 610.0 610.0 SCALE: 1"=20' VERT. SCALE: 1"=2' 609.0 609.0 608.0 608.0 25+83 26+00 27+00 28+00 28+25 Station 616.068 615.560 615.860 616.088 615.710 615.611 616.26 616.30 616.32 616.20 616.14 616.18 ROAD PLAN AND ROAD PROFILE CITY OF MUSKEGON HOUSTON AVE OFFICE OF THE CITY ENGINEER NINTH TO THIRD DRAWN CHECKED F. PEASE SEPT 21 REVISION REVISION SURVEY F.PEASE 2020 H-92036 AS-BUILT PROJECT NO APPROVED REVISION SCALE NO SCALESHEET NO 8 OF 16 HOUSTON AVE ADDITIONAL QUANTITIES THIS SHEET STA 0+83 TO 5+83 DESCRIPTION QUANTITIES UNIT WATERMAIN, DI, 8 INCH, TR DET G, MODIFIED 481 FT SIDEWALK, REM 78 SYD WATER SERVICE 3+43 WATER SERVICE 3+93 SIDEWALK, CONC, 4 INCH 700 SF WATER SERVICE 2+47 WATER SERVICE 4+19 WATER SERVICE 1+74 BEND, 8 INCH, 45 DEGREE, DI MJ 4 EA WATER SERVICE 2+75 WATER SERVICE 4+64 WATER SERVICE 1+25 LINE TREE 37" OR LARGER SHRUBS SAW SAW SHRUBS CS CS CS CS CS SHRUBS CS CS MP TOTAL WATERMAIN QUANTITIES THIS SHEET MP SHRUB DESCRIPTION QUANTITIES UNIT TREE 13"- 24" TREE 3"- 7" TREE 13"- 24" BEND, 8 INCH, 45 DEGREE, DI MJ 6 EA BEND, 8 INCH, 90 DEGREE, DI MJ 1 EA PROP 30' B-B EX. 29' B-B PROP 8" D.I. WM WATER SERVICE, BUILDING CONNECTION, 1 INCH 13 EA P.O.B. 0+83 3+00 1+00 2+00 4+00 5+00 CORPORATION STOP, 1 INCH 15 EA CURB STOP AND BOX, 1 INCH 12 EA CUT AND CAP, 6 INCH WATERMAIN 1 EA HYDRANT, 6 INCH, STANDARD 2 EA TREE 25"- 36" TREE 25"- 36" MP METER PIT COMPLETE 3 EA MP REDUCER, 8 INCH X 6 INCH, DI MJ 1 EA MATCH MP SLEEVE, 6 INCH, LONG, DI MJ 1 EA CS CS CS CS MP CS TREE 25"- 36" SLEEVE, 16 INCH, LONG, DI MJ 2 EA WATER SERVICE 1+34 SAW SAW TEE, 16 INCH X 8 INCH, DI MJ 1 EA TEE, 8 INCH X 8 INCH, DI MJ 1 EA WATER SERVICE 3+35 WATER SERVICE 2+68 WATER SERVICE 3+87 TEE, 8 INCH X 6 INCH, DI MJ 2 EA WATER SERVICE 2+22 WATER SERVICE 4+23 VALVE, 8 INCH, GATE, WITH BOX 3 EA WATER SERVICE 1+83 VALVE, 6 INCH, GATE, WITH BOX 2 EA WATERMAIN, DI, 16 INCH, TR DET G, MODIFIED 10 FT WATERMAIN, DI, 8 INCH, TR DET G, MODIFIED 518 FT WATERMAIN, DI, 6 INCH, TR DET G, MODIFIED 39 FT WATER SERVICE, 1 INCH, COPPER TYPE K 497 FT WATER SERVICE, PRIVATE PROPERTY, 1 INCH 227 FT SIDEWALK, CONC, 4 INCH 700 SF SIDEWALK, REM 78 SYD Profile View Station of Houston Ave 1 INCH WATER SERVICE SCHEDULE STATION 1 INCH CORP 1 INCH TYPE 1 INCH CURB METER PIT PRIVATE PROPERTY PRIVATE BUILDING "K" COPPER STOP CONNECTION 617.0 617.0 (FT) 1+25 LT 1 EACH 28 FT 1 EACH 32 FT 1 EACH 616.0 616.0 1+74 LT 1 EACH 29 FT 1 EACH 14 FT 1 EACH 2+47 LT 1 EACH 30 FT 1 EACH 14 FT 1 EACH 615.0 615.0 2+75 LT 1 EACH 31 FT 1 EACH 8 FT 1 EACH 3+43 LT 1 EACH 31 FT 1 EACH 19 FT 1 EACH 614.0 614.0 3+93 LT 1 EACH 32 FT 1 EACH 17 FT 1 EACH 4+19 LT 1 EACH 32 FT 1 EACH 14 FT 1 EACH 613.0 613.0 4+64 LT 1 EACH 33 FT 1 EACH 4+23 RT 1 EACH 34 FT 1 EACH 20 FT 1 EACH 612.0 612.0 3+87 RT 1 EACH 34 FT 1 EACH 14 FT 1 EACH 3+35 RT 1 EACH 35 FT 1 EACH 22 FT 1 EACH 611.0 611.0 2+68 RT 1 EACH 36 FT 1 EACH 13 FT 1 EACH Elevation Elevation 2+22 RT 1 EACH 37 FT 1 EACH 18 FT 1 EACH 610.0 610.0 1+83 RT 1 EACH 37 FT 1 EACH 22 FT 1 EACH 1+34 RT 1 EACH 38 FT 1 EACH MIN. 5.5' DEPTH 609.0 609.0 608.0 608.0 1.5' MIN. 607.0 607.0 45 DEG BEND 3 WORKING DAYS 45 DEG BEND 606.0 606.0 EXCLUDING SAT, SUN & HOLIDAYS DIG MISS 45 DEG BEND 45 DEG BEND 605.0 605.0 604.0 604.0 603.0 603.0 602.0 602.0 SCALE: 1"=20' 0+83 1+00 2+00 3+00 4+00 5+00 5+83 Station VERT. SCALE: 1"=2' 608.570 608.882 609.561 613.988 613.378 613.808 610.661 612.861 609.54 608.92 611.761 612.311 612.36 614.48 612.97 613.58 610.72 614.16 610.111 611.211 610.15 611.84 611.27 WATERMAIN PLAN AND UNDERGROUND PROFILES CITY OF MUSKEGON HOUSTON AVE OFFICE OF THE CITY ENGINEER NINTH TO THIRD DRAWN CHECKED F. PEASE SEPT 21 REVISION REVISION SURVEY F.PEASE 2020 W-92036 AS-BUILT PROJECT NO APPROVED REVISION SCALE NO SCALESHEET NO 9 OF 16 HOUSTON AVE ADDITIONAL QUANTITIES THIS SHEET STA 5+83 TO 10+83 DESCRIPTION QUANTITIES UNIT WATERMAIN, DI, 8 INCH, TR DET G, MODIFIED 408 FT SIDEWALK, REM 62 SYD SIDEWALK, CONC, 4 INCH 550 SF CAP, 6 INCH, DI MJ 2 EA TOTAL WATERMAIN QUANTITIES THIS SHEET WATER SERVICE 10+52 2" WATER SERVICE 7+91 WATER SERVICE 8+90 DESCRIPTION QUANTITIES UNIT WATER SERVICE 7+55 WATER SERVICE, BUILDING CONNECTION, 1 INCH 8 EA 2" WATER SERVICE 6+01 WATER SERVICE, BUILDING CONNECTION, 2 INCH 2 EA WATER SERVICE 9+23 CAP, 6 INCH, DI MJ 2 EA WATER SERVICE 8+39 LINE CORPORATION STOP, 1 INCH 10 EA LINE CORPORATION STOP, 2 INCH 2 EA CURB STOP AND BOX, 1 INCH 8 EA CURB STOP AND BOX, 2 INCH 2 EA SAW SAW CS CS METER PIT, COMPLETE 2 EA CS CS CS CS SLEEVE, 8 INCH, LONG, DI MJ 4 EA TREE 13"- 24" WATERMAIN, DI, 8 INCH, TR DET G, MODIFIED 408 FT TREE 25"- 36" TREE 13"- 24" MP MP TREE 25"- 36" TREE 8"- 12" WATER SERVICE, 1 INCH, COPPER TYPE K 322 FT WATER SERVICE, 2 INCH, COPPER TYPE K 64 FT WATER SERVICE, PRIVATE PROPERTY, 1 INCH 148 FT PROP 30' B-B EX. 29' B-B PROP 30' B-B WATER SERVICE, PRIVATE PROPERTY, 2 INCH 30 EX. 29' B-B 6+00 7+00 8+00 9+00 10+00 SIDEWALK, CONC, 4 INCH 550 SF SIDEWALK, REM 62 SYD TREE 13"- 24" TREE 25"- 36" 1 INCH WATER SERVICE SCHEDULE PRIVATE TREE 3"- 7" MP MP MP MP PRIVATE 1 INCH TYPE 1 INCH CURB PROPERTY BUILDING STATION 1 INCH CORP METER PIT CS CS "K" COPPER STOP CONNECTION MP (FT) CS 7+55 LT 1 EACH 31 FT 1 EACH 13 FT 1 EACH MATCH SAW SAW MATCH 8+39 LT 1 EACH 30 FT 1 EACH WATER SERVICE 6+20 EX. SERVICE 6+62 WATER SERVICE 7+24 8+90 LT 1 EACH 30 FT 1 EACH 21 FT 1 EACH WATER SERVICE 7+72 WATER SERVICE 8+05 9+23 LT 1 EACH 29 FT 1 EACH 8 FT 1 EACH WATER SERVICE 8+75 10+52 LT 1 EACH 28 FT 1 EACH 25 FT 1 EACH 8+75 RT 1 EACH 36 FT 1 EACH 44 FT 1 EACH 8+05 RT 1 EACH 35 FT 1 EACH 14 FT 1 EACH 7+72 RT 1 EACH 35 FT 1 EACH 15 FT 1 EACH 6+62 RT ABANDON 6+20 RT 1 EACH 33 FT 1 EACH 8 FT 1 EACH 9+75 LT 1 EACH 35 FT 1 EACH 2 INCH WATER SERVICE SCHEDULE PRIVATE PRIVATE 2 INCH 2 INCH TYPE 2 INCH CURB PROPERTY BUILDING STATION METER PIT CORP "K" COPPER STOP CONNECTION Profile View Station of Houston Ave (FT) 6+01 LT 1 EACH 33 FT 1 EACH 10 FT 1 EACH 7+91 LT 1 EACH 31 FT 1 EACH 20 FT 1 EACH 617.0 617.0 616.0 616.0 615.0 615.0 614.0 614.0 3 WORKING DAYS EXCLUDING SAT, SUN & HOLIDAYS Elevation Elevation DIG MISS 613.0 613.0 MIN. 5.5' DEPTH 612.0 612.0 1.5' MIN. 611.0 611.0 610.0 610.0 609.0 609.0 608.0 608.0 SCALE: 1"=20' 607.0 607.0 VERT. SCALE: 1"=2' 5+83 6+00 7+00 8+00 9+00 10+00 10+83 Station 614.490 614.640 614.940 614.790 614.340 615.292 614.040 615.098 613.988 615.070 614.971 614.190 614.94 614.89 614.60 614.73 614.48 615.05 614.83 615.02 615.02 614.82 614.78 WATERMAIN PLAN AND UNDERGROUND PROFILES CITY OF MUSKEGON HOUSTON AVE OFFICE OF THE CITY ENGINEER NINTH TO THIRD DRAWN CHECKED F. PEASE SEPT 21 REVISION REVISION SURVEY F.PEASE 2020 W-92036 AS-BUILT PROJECT NO APPROVED REVISION SCALE NO SCALESHEET NO 10 OF 16 HOUSTON AVE ADDITIONAL QUANTITIES THIS SHEET STA 10+83 TO 15+83 DESCRIPTION QUANTITIES UNIT WATERMAIN, DI, 8 INCH, TR DET G, MODIFIED 543 FT SIDEWALK, REM 84 SYD SIDEWALK, CONC, 4 INCH 700 SF SIDEWALK, CONC, 6 INCH 50 SF CAP, 8 INCH, DI MJ 1 EA WATER SERVICE 10+95 WATER SERVICE 12+42 TOTAL WATERMAIN QUANTITIES THIS SHEET WATER SERVICE 13+75 WATER SERVICE 15+27 WATER SERVICE 13+22 WATER SERVICE 15+83 DESCRIPTION QUANTITIES UNIT WATER SERVICE 12+74 BEND, 8 INCH, 45 DEGREE, DI MJ 2 EA WATER SERVICE 11+90 WATER SERVICE, BUILDING CONNECTION, 1 INCH 12 EA LINE LINE CAP, 8 INCH, DI MJ 1 EA CORPORATION STOP, 1 INCH 15 EA CURB STOP AND BOX, 1 INCH 15 EA SAW SAW DR STRUCTURE, REM, MODIFIED 2 EA CS CS CS CS SLEEVE, 8 INCH, LONG, DI MJ 1 EA CS CS CS CS . TEE, 8 INCH X 8 INCH, DI MJ 1 EA ONC TREE 25"- 36" TREE 25"- 36" TREE 25"- 36" 1 2 "C VALVE, 8 INCH, GATE, WITH BOX 3 EA ' 44 TREE 13"- 24" TREE 13"- 24" WATERMAIN, DI, 8 INCH, TR DET G, MODIFIED 543 FT 60 '1 WATER SERVICE, 1 INCH, COPPER TYPE K 496 FT 2" D. WATER SERVICE, PRIVATE PROPERTY, 1 INCH 227 FT PROP 30' B-B EX. 29' B-B I. EX. 29' B-B PROP 30' B-B SIDEWALK, CONC, 4 INCH 700 SF 11+00 12+00 28' 12" CON 13+00 14+00 15+00 D.I. SIDEWALK, CONC, 6 INCH 50 SF 28' 12" SIDEWALK, REM 84 SYD C. TREE 25"- 36" 31 TREE 13"- 24" '1 2" 1 INCH WATER SERVICE SCHEDULE PRIVATE CO NC PRIVATE 1 INCH TYPE 1 INCH CURB PROPERTY BUILDING . STATION 1 INCH CORP METER PIT CS "K" COPPER STOP CONNECTION (FT) MATCH CS CS CS CS 28' 12" CONC. CS CS 10+95 LT 1 EACH 28 FT 1 EACH 17 FT 1 EACH WATER SERVICE 12+48 WATER SERVICE 13+08 MATCH 11+90 LT 1 EACH 28 FT 1 EACH SAW SAW 12+42 LT 1 EACH 28 FT 1 EACH 19 FT 1 EACH WATER SERVICE 11+42 TREE 37" OR LARGER 12+74 LT 1 EACH 28 FT 1 EACH 10 FT 1 EACH WATER SERVICE 11+76 WATER SERVICE 15+38 13+22 LT 1 EACH 28 FT 1 EACH 18 FT 1 EACH WATER SERVICE 14+02 13+75 LT 1 EACH 28 FT 1 EACH 20 FT 1 EACH WATER SERVICE 15+71 15+27 LT 1 EACH 28 FT 1 EACH 20 FT 1 EACH 15+83 LT 1 EACH 29 FT 1 EACH 17 FT 1 EACH 15+71 RT 1 EACH 38 FT 1 EACH 27 FT 1 EACH 15+38 RT 1 EACH 38 FT 1 EACH 17 FT 1 EACH 14+02 RT 1 EACH 39 FT 1 EACH 25 FT 1 EACH 13+08 RT 1 EACH 39 FT 1 EACH 12+48 RT 1 EACH 39 FT 1 EACH 11+76 RT 1 EACH 39 FT 1 EACH 25 FT 1 EACH 11+42 RT 1 EACH 39 FT 1 EACH 12 FT 1 EACH Profile View Station of Houston Ave 617.0 617.0 616.0 616.0 615.0 615.0 614.0 614.0 613.0 613.0 MIN. 5.5' DEPTH 612.0 612.0 Elevation Elevation 611.0 611.0 1.5' MIN. 3 WORKING DAYS 1.5' MIN. 610.0 610.0 EXCLUDING SAT, SUN & HOLIDAYS DIG MISS 609.0 609.0 608.0 608.0 607.0 607.0 606.0 606.0 605.0 605.0 SCALE: 1"=20' VERT. SCALE: 1"=2' 604.0 604.0 10+83 11+00 12+00 13+00 14+00 15+00 15+83 Station 614.739 614.640 614.484 614.920 614.620 614.470 614.320 614.770 614.020 614.971 614.163 614.170 614.66 614.66 614.69 614.64 614.89 614.68 614.84 614.74 614.91 614.71 614.81 WATERMAIN PLAN AND UNDERGROUND PROFILES CITY OF MUSKEGON HOUSTON AVE OFFICE OF THE CITY ENGINEER NINTH TO THIRD DRAWN CHECKED F. PEASE SEPT 21 REVISION REVISION SURVEY F.PEASE 2020 W-92036 AS-BUILT PROJECT NO APPROVED REVISION SCALE NO SCALESHEET NO 11 OF 16 HOUSTON AVE ADDITIONAL QUANTITIES THIS SHEET STA 15+83 TO 20+83 DESCRIPTION QUANTITIES UNIT WATERMAIN, DI, 8 INCH, TR DET G, MODIFIED 434 FT SIDEWALK, REM 84 SYD SIDEWALK, CONC, 4 INCH 550 SF SIDEWALK, CONC, 6 INCH 50 SF CAP, 6 INCH, DI MJ 1 EA WATER SERVICE 17+04 SLEEVE, 8 INCH, LONG, DI MJ 4 EA WATER SERVICE 16+68 WATER SERVICE 16+51 WATER SERVICE 17+94 TOTAL WATERMAIN QUANTITIES THIS SHEET DESCRIPTION QUANTITIES UNIT LINE BEND, 6 INCH, 45 DEGREE, DI MJ 4 EA LINE WATER SERVICE, BUILDING CONNECTION, 1 INCH 10 EA WATER SERVICE, BUILDING CONNECTION, 2 INCH 1 EA TREE 13"- 24" CAP, 6 INCH, DI MJ 2 EA CS CS CS SAW SAW CORPORATION STOP, 1 INCH 10 EA CS CORPORATION STOP, 2 INCH 1 EA CURB STOP AND BOX, 1 INCH 9 EA TREE 13"- 24" MP MP TREE 13"- 24" TREE 13"- 24" CURB STOP AND BOX, 2 INCH 1 EA TREE 25"- 36" HYDRANT, 6 INCH, STANDARD 1 EA METER PIT COMPLETE 1 EA EX. 29' B-B PROP 30' B-B 29' 12" CONC. REDUCER, 6 INCH X 4 INCH, DI MJ 2 EA PROP 30' B-B EX. 29' B-B 16+00 17+00 18+00 19+00 20+00 SLEEVE, 8 INCH, LONG, DI MJ 4 EA TEE, 8 INCH X 6 INCH, DI MJ 3 EA VALVE, 6 INCH, GATE, WITH BOX 3 EA WATERMAIN, DI, 6 INCH, TR DET G, MODIFIED 107 FT TREE 13"- 24" TREE 13"- 24" WATERMAIN, DI, 8 INCH, TR DET G, MODIFIED 434 FT TREE 25"- 36" TREE 3"- 7" WATER SERVICE, 1 INCH, COPPER TYPE K 327 FT TREE 3"- 7" WATER SERVICE, 2 INCH, COPPER TYPE K 34 FT CS CS CS CS CS CS WATER SERVICE, PRIVATE PROPERTY, 1 INCH 226 FT TREE 25"- 36" CS MATCH SAW SAW MATCH WATER SERVICE, PRIVATE PROPERTY, 2 INCH 26 FT TREE 37" OR LARGER SIDEWALK, CONC, 4 INCH 550 SF TREE 25"- 36" SIDEWALK, CONC, 6 INCH 50 SF SIDEWALK, REM 70 SYD WATER SERVICE 17+00 WATER SERVICE 17+34 WATER SERVICE 18+42 WATER SERVICE 19+97 WATER SERVICE 16+41 WATER SERVICE 20+40 WATER SERVICE 17+67 1 INCH WATER SERVICE SCHEDULE PRIVATE PRIVATE 1 INCH TYPE 1 INCH CURB PROPERTY BUILDING STATION 1 INCH CORP METER PIT "K" COPPER STOP CONNECTION (FT) 16+51 LT 1 EACH 30 FT 1 EACH 22 FT 1 EACH 16+68 LT 1 EACH 31 FT 1 EACH 23 FT 1 EACH 17+04 LT 1 EACH 32 FT 1 EACH 36 FT 1 EACH 17+94 LT 1 EACH 33 FT 1 EACH 16 FT 1 EACH 20+40 RT 1 EACH 32 FT 1 EACH 24 FT 1 EACH 19+97 RT 1 EACH 32 FT 1 EACH 20 FT 1 EACH 18+42 RT 1 EACH 32 FT 1 EACH 20 FT 1 EACH 17+34 RT 1 EACH 34 FT 1 EACH 20 FT 1 EACH Profile View Station of Houston Ave 17+00 RT 1 EACH 35 FT 1 EACH 20 FT 1 EACH 16+41 RT 1 EACH 36 FT 1 EACH 25 FT 1 EACH 617.0 617.0 2 INCH WATER SERVICE SCHEDULE PRIVATE PRIVATE 2 INCH 2 INCH TYPE 2 INCH CURB PROPERTY BUILDING 616.0 616.0 STATION CORP "K" COPPER STOP CONNECTION (FT) 17+67 RT 1 EACH 34 FT 1 EACH 26 FT 1 EACH 615.0 615.0 614.0 614.0 Elevation Elevation MIN. 5.5' DEPTH 613.0 613.0 612.0 612.0 611.0 611.0 3 WORKING DAYS 610.0 610.0 EXCLUDING SAT, SUN & HOLIDAYS DIG MISS 609.0 609.0 608.0 608.0 607.0 607.0 15+83 16+00 17+00 18+00 19+00 20+00 20+83 Station SCALE: 1"=20' 614.940 614.739 615.429 614.790 615.390 615.540 615.560 615.090 615.240 615.330 VERT. SCALE: 1"=2' 615.137 615.180 614.94 614.92 615.44 614.77 615.05 615.31 614.81 615.13 615.13 615.18 615.12 WATERMAIN PLAN AND UNDERGROUND PROFILES CITY OF MUSKEGON HOUSTON AVE OFFICE OF THE CITY ENGINEER NINTH TO THIRD DRAWN CHECKED F. PEASE SEPT 21 REVISION REVISION SURVEY F.PEASE 2020 W-92036 AS-BUILT PROJECT NO APPROVED REVISION SCALE NO SCALESHEET NO 12 OF 16 HOUSTON AVE ADDITIONAL QUANTITIES THIS SHEET STA 20+83 TO 25+83 DESCRIPTION QUANTITIES UNIT SIDEWALK, REM 56 SYD SIDEWALK, CONC, 4 INCH 500 SF SIDEWALK, CONC, 6 INCH 50 SF BEND, 8 INCH, 45 DEGREE, DI MJ 4 EA WATER SERVICE 22+31 WATER SERVICE 23+09 WATER SERVICE 24+62 TOTAL WATERMAIN QUANTITIES THIS SHEET DESCRIPTION QUANTITIES UNIT LINE BEND, 8 INCH, 45 DEGREE, DI MJ 6 EA LINE CAP, 6 INCH, DI MJ 1 EA WATER SERVICE, BUILDING CONNECTION, 1 INCH 10 EA CORPORATION STOP, 1 INCH 10 EA SAW SAW CURB STOP AND BOX, 1 INCH 9 EA CS CS CS HYDRANT, 6 INCH, STANDARD 2 EA METER PIT COMPLETE 1 EA TREE 8"- 12" REDUCER, 8 INCH X 6 INCH, DI MJ 1 EA TEE, 8 INCH X 6 INCH, DI MJ 2 EA TEE, 8 INCH X 8 INCH, DI MJ 1 EA EX. 29' B-B PROP 30' B-B VALVE, 6 INCH, GATE, WITH BOX 2 EA PROP 30' B-B EX. 29' B-B 21+00 VALVE, 8 INCH, GATE, WITH BOX 3 EA 22+00 23+00 24+00 25+00 WATERMAIN, DI, 6 INCH, TR DET G, MODIFIED 41 FT WATERMAIN, DI, 8 INCH, TR DET G, MODIFIED 558 FT WATER SERVICE, 1 INCH, COPPER TYPE K 340 FT TREE 13"- 24" TREE 13"- 24" WATER SERVICE, PRIVATE PROPERTY, 1 INCH 220 FT TREE 3"- 7" TREE 13"- 24" SIDEWALK, CONC, 4 INCH 500 SF TREE 3"- 7" MP MP SIDEWALK, CONC, 6 INCH 50 SF CS TREE 13"- 24" SIDEWALK, REM 56 SYD CS CS CS CS MATCH CS MATCH WATER SERVICE 22+59 WATER SERVICE 23+30 WATER SERVICE 21+04 WATER SERVICE 25+06 WATER SERVICE 21+70 WATER SERVICE 25+71 WATER SERVICE 24+73 SAW SAW 1 INCH WATER SERVICE SCHEDULE PRIVATE PRIVATE 1 INCH TYPE 1 INCH CURB PROPERTY BUILDING STATION 1 INCH CORP METER PIT "K" COPPER STOP CONNECTION (FT) 22+31 LT 1 EACH 33 FT 1 EACH 48 FT 1 EACH 23+09 LT 1 EACH 32 FT 1 EACH 28 FT 1 EACH 24+62 LT 1 EACH 32 FT 1 EACH 20 FT 1 EACH 25+71 RT 1 EACH 37 FT 1 EACH 18 FT 1 EACH 25+06 RT 1 EACH 36 FT 1 EACH 18 FT 1 EACH 24+73 RT 1 EACH 36 FT 1 EACH 21 FT 1 EACH 23+30 RT 1 EACH 34 FT 1 EACH 12 FT 1 EACH 22+59 RT 1 EACH 34 FT 1 EACH 12 FT 1 EACH 21+70 RT 1 EACH 33 FT 1 EACH 22 FT 1 EACH 21+04 RT 1 EACH 33 FT 1 EACH 21 FT 1 EACH Profile View Station of Houston Ave 617.0 617.0 616.0 616.0 615.0 615.0 MIN. 5.5' DEPTH 3 WORKING DAYS 614.0 614.0 Elevation Elevation EXCLUDING SAT, SUN & HOLIDAYS DIG MISS 613.0 613.0 612.0 612.0 1.5' MIN. 611.0 611.0 610.0 610.0 45 DEG BEND SCALE: 1"=20' 45 DEG BEND 45 DEG BEND 45 DEG BEND 609.0 609.0 VERT. SCALE: 1"=2' 608.0 608.0 20+83 21+00 22+00 23+00 24+00 25+00 25+83 Station 615.429 615.630 615.930 616.248 615.860 616.080 616.278 615.480 615.780 615.710 615.611 616.011 615.49 615.65 615.97 616.07 615.68 615.58 615.88 615.91 615.51 616.01 616.17 WATERMAIN PLAN AND UNDERGROUND PROFILES CITY OF MUSKEGON HOUSTON AVE OFFICE OF THE CITY ENGINEER NINTH TO THIRD DRAWN CHECKED F. PEASE SEPT 21 REVISION REVISION SURVEY F.PEASE 2020 W-92036 AS-BUILT PROJECT NO APPROVED REVISION SCALE NO SCALESHEET NO 13 OF 16 ADDITIONAL QUANTITIES THIS SHEET STA 25+83 TO 28+20 DESCRIPTION QUANTITIES UNIT SIDEWALK, REM 12 SYD SIDEWALK, CONC, 4 INCH 100 SF HOUSTON AVE WATER SERVICE 27+51 LINE TOTAL WATERMAIN QUANTITIES THIS SHEET DESCRIPTION QUANTITIES UNIT WATER SERVICE, BUILDING CONNECTION, 1 INCH 2 EA CAP, 6 INCH, DI MJ 1 EA CORPORATION STOP, 1 INCH 2 EA CS CURB STOP AND BOX, 1 INCH 2 EA SLEEVE, 8 INCH, LONG, DI MJ 2 EA WATERMAIN, DI, 8 INCH, TR DET G, MODIFIED 232 FT PROP 30' B-B EX. 29' B-B 28+20 WATER SERVICE, 1 INCH, COPPER TYPE K 65 FT 28+00 26+00 27+00 WATER SERVICE, PRIVATE PROPERTY, 1 INCH 29 FT P.O.E. SIDEWALK, CONC, 4 INCH 100 SF SIDEWALK, REM 12 SYD TREE 13"- 24" TREE 25"- 36" CS 1 INCH WATER SERVICE SCHEDULE PRIVATE MATCH PRIVATE 1 INCH TYPE 1 INCH CURB PROPERTY BUILDING STATION 1 INCH CORP METER PIT "K" COPPER STOP CONNECTION (FT) 26+46 RT 1 EACH 39 FT 1 EACH 19 FT 1 EACH 27+51 LT 1 EACH 26 FT 1 EACH 10 FT 1 EACH WATER SERVICE 26+46 Profile View Station of Houston Ave 617.0 617.0 616.0 616.0 615.0 615.0 3 WORKING DAYS EXCLUDING SAT, SUN & HOLIDAYS DIG MIN. 5.5' DEPTH MISS 614.0 614.0 Elevation Elevation 613.0 613.0 612.0 612.0 611.0 611.0 610.0 610.0 SCALE: 1"=20' VERT. SCALE: 1"=2' 609.0 609.0 608.0 608.0 25+83 26+00 27+00 28+00 28+25 Station 616.068 615.560 615.860 616.088 615.710 615.611 616.26 616.30 616.32 616.20 616.14 616.18 WATERMAIN PLAN AND UNDERGROUND PROFILES CITY OF MUSKEGON HOUSTON AVE OFFICE OF THE CITY ENGINEER NINTH TO THIRD DRAWN CHECKED F. PEASE SEPT 21 REVISION REVISION SURVEY F.PEASE 2020 W-92036 AS-BUILT PROJECT NO APPROVED REVISION SCALE NO SCALESHEET NO 14 OF 16 TRAFFIC CONTROL DETAILS SIGN DESCRIPTION ESTIMATED QUANTITIES SIGN, TYPE B TEMPORARY QUANTITY AREA TOTAL AREA G20-2 END ROAD WORK 4 8 SFT 32 SFT R5-18C WORK ZONE BEGINS 5 16 SFT 80 SFT RII-2 ROAD CLOSED 12 10 SFT 120 SFT RII-4 ROAD CLOSED TO THRU TRAFFIC 10 12.5 SFT 125 SFT W20-3 ROAD CLOSED AHEAD 16 16 SFT 256 SFT W21-4 ROAD WORK AHEAD 16 16 SFT 256 SFT M4-9BL PEDESTRIAN DETOUR LEFT 4 5 SFT 20 SFT M4-9BR PEDESTRIAN DETOUR RIGHT 4 5 SFT 20 SFT R9-9 SIDEWALK CLOSED 12 2 SFT 24 SFT R9-11L SW CLOSED AHEAD CROSS HERE (LEFT) 3 2 SFT 6 SFT R9-11R SW CLOSED AHEAD CROSS HERE (RIGHT) 3 2 SFT 6 SFT R9-11AL SW CLOSED CROSS HERE (LEFT) 3 2 SFT 6 SFT W16-9P AHEAD 3 3 SFT 6 SFT R9-11AR SW CLOSED CROSS HERE (RIGHT) 3 2 SFT 6 SFT TOTAL 963 SFT ESTIMATED QUANTITIES SIGN, TYPE B TEMPORARY, SPECIAL SIGN DESCRIPTION QUANTITY AREA TOTAL AREA SS-1 HOUSTON AVE 16 8 SFT 128 SFT TOTAL 128 SFT ESTIMATED TRAFFIC CONTROL DEVICES MINOR TRAFFIC DEVICES 1 LS BARRICADE, TYPE III, HIGH INTENSITY, DOUBLE SIDED, LIGHTED, FURN 22 EA BARRICADE, TYPE III, HIGH INTENSITY, DOUBLE SIDED, LIGHTED, OPER 22 EA W21-4 PLASTIC DRUM, FLUORESCENT, FURN 68 EA PLASTIC DRUM, FLUORESCENT, OPER 68 EA SIGN, TYPE B, TEMP, PRISMATIC, FURN 963 SFT W21-4 SIGN, TYPE B, TEMP, PRISMATIC, OPER 963 SFT SIGN, TYPE B, TEMP, PRISMATIC, SPECIAL, FURN 128 SFT W20-3 SIGN, TYPE B TEMP, PRISMATIC, SPECIAL, OPER 128 SFT SS-1 G20-2 MAINTENANCE GRAVEL, LM 150 CYD DUST PALLIATIVE, APPLIED 30 TON W20-3 W21-4 SS-1 R5-18C PEDESTRIAN TYPE II BARRICADE, TEMP 12 EA 1 EA BARRICADE, TYPE III W21-4 1 EA R11-4 2 EACH PLASTIC DRUM W20-3 TRAFFIC CONTROL NOTES: R5-18C SS-1 W20-3 W21-4 SS-1 1. THE CONTRACTOR SHALL MAINTAIN ACCESS TO BUSINESSES, RESIDENCES, AND CROSS STREETS WITH MAINTENANCE GRAVEL AS DIRECTED BY THE ENGINEER. CONTRACTOR 1 EA BARRICADE, TYPE III MAY USE THE EXISTING AGGREGATE BASE FOR MAINTENANCE GRAVEL OR HMA 1 EA R11-4 2 EACH PLASTIC DRUM MILLINGS. AGGREGATE OR HMA MILLINGS USED TO MAINTAIN TRAFFIC WILL BE PAID R9-9 1 EA BARRICADE, TYPE III AT THE BID PROPOSAL UNIT PRICE FOR MAINTENANCE GRAVEL. 1 EA R11-2 W20-3 4 EACH PLASTIC DRUM SS-1 W21-4 1 EA BARRICADE, TYPE III 3. IN ADDITION TO THE 68 PLASTIC BARRELS USED FOR CHANNELING DEVICES AND ROAD 1 EA BARRICADE, TYPE III 1 EA R11-2 1 EA BARRICADE, TYPE III CLOSURES, THE CONTRACTOR WILL SUPPLY AN ADDITIONAL 60 PLASTIC BARRELS FOR 4 EACH PLASTIC DRUM 1 EA R11-4 1 EA R11-2 MARKING TEMPORARY DRIVES, BLOCKING EXISTING DRIVES, AND SIDEWALKS, ETC. AS 2 EACH PLASTIC DRUM 4 EACH PLASTIC DRUM DIRECTED BY THE ENGINEER. W20-3 * SS-1 W20-3 R9-9 SS-1 1 EA BARRICADE, TYPE III W21-4 1 EA BARRICADE, TYPE III 1 EA R11-4 2 EACH PLASTIC DRUM 4. * PLEASE KEEP THE SIDEWALK RAMPS MAINTAINED AT 5TH ST. AND 7TH STREET 1 EA R11-2 1 EA BARRICADE, TYPE III 1 EA BARRICADE, TYPE III 1 EA R11-2 BY USING MAINTENANCE GRAVEL AS NECESSARY TO ACCOMMODATE PEDESTRIAN 4 EACH PLASTIC DRUM 1 EA R11-4 4 EACH PLASTIC DRUM TRAFFIC AS WELL AS THE GENERAL PUBLIC FOR THE CHURCH AND THE SENIOR R5-18C 2 EACH PLASTIC DRUM R9-9 CITIZEN FACILITY. PEDESTRIAN SIGNS HAVE BEEN ADDED TO THE TRAFFIC CONTROL G20-2 QUANTITIES, AND THE USE AND LOCATION SHALL BE DETERMINED BY THE ENGINEER W20-3 G20-2 SS-1 1 EA BARRICADE, TYPE III W20-3 IN THE FIELD. PLEASE NOTE ALL OTHER INTERSECTIONS SHALL BE CLOSED AND NO W21-4 1 EA BARRICADE, TYPE III 1 EA R11-4 SS-1 PEDESTRIAN TRAFFIC WILL BE MAINTAINED. 1 EA BARRICADE, TYPE III 1 EA R11-2 2 EACH PLASTIC DRUM 1 EA R11-4 4 EACH PLASTIC DRUM 1 EA BARRICADE, TYPE III 2 EACH PLASTIC DRUM 1 EA R11-2 W21-4 4 EACH PLASTIC DRUM R9-9 W21-4 R9-9 1 EA BARRICADE, TYPE III W20-3 1 EA R11-4 SS-1 1 EA BARRICADE, TYPE III 2 EACH PLASTIC DRUM 1 EA R11-2 W20-3 SS-1 4 EACH PLASTIC DRUM 1 EA BARRICADE, TYPE III 1 EA R11-2 4 EACH PLASTIC DRUM SPECIAL SIGNS 1 EA BARRICADE, TYPE III SS-1 1 EA R11-2 W21-4 4 EACH PLASTIC DRUM * R9-9 1 EA BARRICADE, TYPE III 1 EA R11-4 W20-3 SS-1 2 EACH PLASTIC DRUM R5-18C 1 EA BARRICADE, TYPE III 1 EA R11-2 4 EACH PLASTIC DRUM 1 EA BARRICADE, TYPE III W20-3 W21-4 24" HOUSTON AVE 1 EA R11-4 SS-1 2 EACH PLASTIC DRUM 4" 1 EA BARRICADE, TYPE III W21-4 48" 1 EA R11-2 4 EACH PLASTIC DRUM W20-3 SS-1 W20-3 R5-18C SS-1 W20-3 SS-1 W21-4 W21-4 G20-2 W21-4 TRAFFIC CONTROL DETAIL CITY OF MUSKEGON HOUSTON AVE OFFICE OF THE CITY ENGINEER NINTH TO THIRD DRAWN F. PEASE SEPT 21 REVISION CHECKED REVISION SURVEY F.PEASE 2020 H-92036 AS-BUILT PROJECT NO APPROVED REVISION SCALE NO SCALESHEET NO 15 OF 16 PERMANENT SIGNING AND PAVEMENT MARKING DETAIL 13.0 FT PAVT MRKG, OVLY COLD PLASTIC, 12.0 FT PAVT MRKG, OVLY COLD PLASTIC, 12.0 FT PAVT MRKG, OVLY COLD PLASTIC, 18 INCH, STOP BAR 18 INCH, STOP BAR 18 INCH, STOP BAR 108 FT PAVT MRKG, OVLY COLD PLASTIC, 6 105 FT PAVT MRKG, OVLY COLD PLASTIC, 6 102 FT PAVT MRKG, OVLY COLD PLASTIC, 6 INCH, CROSSWALK INCH, CROSSWALK INCH, CROSSWALK STA 15+00 P.O.B. 0+83 MATCH LINE 15.0 FT PAVT MRKG, OVLY COLD PLASTIC, 13.0 FT PAVT MRKG, OVLY COLD PLASTIC, 18 INCH, STOP BAR 18 INCH, STOP BAR 115 FT PAVT MRKG, OVLY COLD PLASTIC, 6 104 FT PAVT MRKG, OVLY COLD PLASTIC, 6 INCH, CROSSWALK INCH, CROSSWALK 53 FT PAVT MRKG, OVLY COLD PLASTIC, 6 INCH, CROSSWALK 13.0 FT PAVT MRKG, OVLY COLD PLASTIC, 18 INCH, STOP BAR 107 FT PAVT MRKG, OVLY COLD PLASTIC, 6 INCH, CROSSWALK TOTAL PERMANENT PAVEMENT MARKING QUANTITIES PAVT MRKG, OVLY COLD PLASTIC, 18 INCH, STOP BAR 129 FT PAVT MRKG, OVLY COLD PLASTIC, 6 INCH, CROSSWALK 1120 FT 12.0 FT PAVT MRKG, OVLY COLD PLASTIC, 18 INCH, STOP BAR 105 FT PAVT MRKG, OVLY COLD PLASTIC, 6 14.0 FT PAVT MRKG, OVLY COLD PLASTIC, INCH, CROSSWALK 18 INCH, STOP BAR 112 FT PAVT MRKG, OVLY COLD PLASTIC, 6 INCH, CROSSWALK STA 15+00 28+20 P.O.E. MATCH LINE 13.0 FT PAVT MRKG, OVLY COLD PLASTIC, 18 INCH, STOP BAR 104 FT PAVT MRKG, OVLY COLD PLASTIC, 6 INCH, CROSSWALK 12.0 FT PAVT MRKG, OVLY COLD PLASTIC, 18 INCH, STOP BAR 105 FT PAVT MRKG, OVLY COLD PLASTIC, 6 INCH, CROSSWALK PAVEMENT MARKING DETAIL CITY OF MUSKEGON HOUSTON AVE OFFICE OF THE CITY ENGINEER NINTH TO THIRD DRAWN CHECKED F. PEASE SEPT 21 REVISION REVISION SURVEY F.PEASE 2020 H-92036 AS-BUILT PROJECT NO APPROVED REVISION SCALE NO SCALESHEET NO 16 OF 16 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: Staffing Services Agreement (BGCML) Submitted By: Dan VanderHeide Department: Public Works Brief Summary: Staff is requesting authorization to contract with the Boys and Girls Club of the Muskegon Lakeshore (BGCML) for temporary staffing services during the 2022 maintenance season. Detailed Summary: During 2021 the City entered into a pilot program with Community enCompass, a neighborhood services organization, to provide youth from their support programs as temporary staffing services helping the Department of Public Works maintain City parks. The pilot program was successful, and this year the Boys & Girls Club reached out to the City seeking to enter into a similar agreement. The Boys & Girls Club anticipates providing approximately 8 staff split in two teams, and in consultation with DPW identified two service areas that they would be well suited for: 1. Landscape maintenance, waste removal and general support in the BID area downtown. 2. Restroom cleaning and waste removal at Beukema, Reese, Sheldon and McCrea parks. DPW typically hires up to 30 seasonal employees each year from GoodTemps (Goodwill). The staffing provided by this agreement will take the place of an approximately equal number of our typical seasonal employees, helping DPW fill our roster during the labor shortage and providing employment and training for younger community members. Temporary staffing is accounted for in the annual budget of the departments that use these services. The employees under this agreement are included in the parks (general) fund budget, and the Business Improvement District (BID), via reimbursement. Amount Requested: Approximately $67,200 Amount Budgeted: $67,200 in FY22 and in FY23 Fund(s) or Account(s): 101, 202, 203 Fund(s) or Account(s): 101, 202, 203 Recommended Motion: Authorize staff to contract with the Boys and Girls Club of the Muskegon Lakeshore for temporary staffing services during the 2022 maintenance season. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. CITY OF MUSKEGON CONTRACT FOR TEMPORARY STAFFING SERVICES This Agreement is effective upon execution between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street, Muskegon, MI 49443 (“City”) and the Boys and Girls Club of the Muskegon Lakeshore, of 900 W Western Avenue, Muskegon, MI 49441 (“Contractor”) with reference to the following facts: RECITALS A. Contractor requested to partner with the Public Works Department to maintain parks, landscaping and other facilities throughout the city. B. Contractor agreed to provide approximately eight staff in two teams of approximately four each, with one supervisor per team, to support the Public Works Department in maintaining the parks, landscaping and other facilities. NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Services. Contractor shall provide the following services: a. In the area known as the Business Improvement District (BID), including nearby parks and city properties, maintaining flower beds and other landscaping by removing weeds and other undesirable plants and items, turf maintenance using push mowers and other hand-operated equipment, picking up loose debris and refuse (trash), emptying refuse containers, and performing other cleaning and maintenance tasks as designated by Public Works Department Staff. b. Picking up loose debris and refuse (trash), emptying refuse containers, cleaning restrooms, and performing other cleaning and maintenance tasks as designated by Public Works Department Staff in parks and other City-owned properties. This effort is primarily envisioned at Beukema Playfield, Reese Playfield, Sheldon Park, and McCrea Playfield, however other parks or properties may be assigned by Public Works Department Staff in consultation with Contractor. c. During the months of June, July and August, the contractor will provide up to 35 hours of labor per week per employee. During April, May, September and October, the contractor will provide a reduced workforce to support critical efforts. The employees are students and will not have as much availability during the school year. 2. Equipment. The City shall supply safety equipment mandated for employees while on assignment with the City, together with other equipment described herein. BGCML Temporary Staffing Service Agreement Page 1 of 6 4 /15/22 – 10/31/22 a. The City shall supply hand-operated equipment that directly supports the tasks described in this agreement and other duties as assigned by Public Works Department Staff in consultation with the Contractor; examples of this equipment includes hand-operated lawn mowers, string trimmers, leaf blowers, hand tools such as rakes and spades, and cleaning equipment such as brushes and bottles. The City will provide materials to support the efforts, such as gasoline, string line, paper towel(s), cleaning solutions and refuse bags. b. If available for use, the City may supply a self-propelled utility cart to assist with refuse disposal, carrying equipment and staff relocation, based from a facility within or near the BID, for Contractor’s use. All operators of such a cart must be licensed within the State of Michigan to operate a motor vehicle and carry a current driver’s license. The City will provide materials to support the cart, such as gasoline. c. If available for use, the City may supply a motor vehicle and/or utility trailer to assist with refuse disposal, carrying equipment and staff relocation, based from the City’s Public Works Facility at 1350 E. Keating Avenue, Muskegon, MI 49442, for Contractor’s use. All operators of such a vehicle and/or utility trailer must be licensed within the State of Michigan to operate a motor vehicle and carry a current driver’s license. The City will provide materials to support the vehicle, such as gasoline. d. The City will perform any required maintenance on City-owned equipment. The City reserves the right, in its sole discretion, to withdraw the use of equipment if deemed in the best interest of the City. Any damage caused to rented or borrowed equipment is the responsibility of the Contractor. e. In the event the City is unable to provide equipment, and upon written approval from City, the Contractor may rent equipment that is deemed necessary for the Services. The City will provide materials to support rented equipment, such as gasoline and other consumables not included in rental costs. Maintenance of rented equipment shall be the responsibility of the Contractor. The City will reimburse the cost of the equipment rental at actual cost, including maintenance costs. 3. Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor related to the performance of its duties under this Agreement, except as described in Section 2.e of this agreement. 4. Contract Billing. City agrees to pay Contractor, in full consideration for the complete performance of Contractor’s obligations under this Agreement: a. Youth will be paid at a rate of $12/hour. b. Supervisors will be paid at a rate of $15/hour. BGCML Temporary Staffing Service Agreement Page 2 of 6 4 /15/22 – 10/31/22 c. For all labor, Contractor will bill a markup of 37.5% to cover taxes, insurance and administrative costs. Expenses, when reimbursable, will be billed at actual cost. 5. Payment. Contractor shall submit detailed invoices on a monthly basis for the prior month’s services. Payments according to this agreement are invoiced and paid on a monthly basis. Requests for payment shall be submitted on a detailed invoice to the City monthly for the previous month. The City agrees that payment shall be due on net 30-day terms. 6. Specific Reservations. City reserves the right to discontinue its use of temporary employees from contractor as it determines appropriate. 7. Terms and Termination. This Agreement shall be effective on the date of execution, and shall remain in full force and at the same terms through October 31, 2022, with an option to renew for an additional term, if mutually agreed upon by both parties as memorialized in a written and signed agreement. 8. Commencement and Damages. a. Commencement. Contractor shall commence performance under this Agreement upon its execution. The City shall notify Contractor of any violation of the Agreement. It shall be the duty of Contractor to remedy a Contractor violation. Failure to perform pursuant to this Agreement for a period in excess of five (5) consecutive scheduled, working days, or failure for a similar period, to perform in the manner required, and provided such failure is not a result of war, insurrection, riots, or acts of God, the City may, at its option and after written notice to Contractor, utilize any or all of Contractor’s equipment used in performance of this Agreement until such time the matter is resolved and the Contractor is performing under the terms of the Agreement. b. Appeal. The City’s determination regarding damages shall be final and binding on both parties unless appealed, in writing, to the City Manager or his designee within ten (10) working days after notice. The City Manager or his designee shall grant Contractor an informal hearing upon such request. The decision of the City Manager shall be final and binding. 9. Insurance and Indemnity. a. City Insurance Requirement. The contractor, and any and all of their subcontractors, shall not commence work under this contract until they have obtained the insurance required under this paragraph, and shall keep such insurance in force during the entire life of this contract. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan and BGCML Temporary Staffing Service Agreement Page 3 of 6 4 /15/22 – 10/31/22 acceptable to City of Muskegon. The requirements below should not be interpreted to limit the liability of the Contractor. All deductibles and SIRs are the responsibility of the Contractor. b. Worker’s Compensation Insurance, including Employers’ Liability Coverage, in accordance with all applicable statutes of the State of Michigan. c. Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000 per occurrence and aggregate. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent, if not already included; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable. d. Automobile Liability, including Michigan No-Fault Coverages, with limits of liability not less than $1,000,000 per occurrence combined single limit for Bodily Injury, and Property Damage. Coverage shall include all owned vehicles, all non- owned vehicles, and all hired vehicles e. Additional Insured: Commercial General Liability and Automobile Liability, as described above, shall include an endorsement stating the following shall be Additional Insureds: The City of Muskegon, all elected and appointed officials, all employees and volunteers, agents, all boards, commissions, and/or authorities and board members, including employees and volunteers thereof. It is understood and agreed by naming the City of Muskegon as additional insured, coverage afforded is considered to be primary and any other insurance the City of Muskegon may have in effect shall be considered secondary and/or excess. f. Cancellation Notice: Worker’s Compensation Insurance, Commercial General Liability Insurance, and Automobile Liability Insurance, as described above, shall be endorsed to state the following: It is understood and agreed Thirty (30) days, Ten (10) days for non-payment of premium, Advance Written Notice of Cancellation, Non-Renewal, Reduction, and/or Material Change shall be sent to: City of Muskegon, Finance and Administrative Services Director, 933 Terrace St, PO Box 536, Muskegon, Michigan 49443-0536. g. Proof of Insurance Coverage. Contractor shall provide the City at the time the contracts are returned for execution, certificates and policies endorsing the City as additional insured as listed below: i. Two (2) copies of Certificates of Insurance for Workers’ Compensation Insurance, if applicable; ii. Two (2) copies of Certificate of Insurance for Commercial General Liability Insurance; and BGCML Temporary Staffing Service Agreement Page 4 of 6 4 /15/22 – 10/31/22 iii. If so requested, Certified Copies of all policies mentioned above will be furnished. If any of the above coverages expire during the term of this contract, Contractor shall deliver renewal certificates and/or policies to City at least ten (10) days prior to the expiration date. h. Indemnity. Contractor shall indemnify and save harmless the City against and from all costs, expenses, liabilities, claims, suits, action, and demands of every kind or nature, including reasonable attorney fees, by or on behalf of any person, party, or governmental authority whatsoever arising out of Contractor’s services performed under this agreement, Contractor’s failure to perform under this agreement, Contractor’s use of City equipment, or Contractor’s failure to comply with any laws, ordinances, requirements, orders, directions, rules, or regulations of any federal, state, county, or local governmental authority. 10. Income Tax Withholding. Contractor shall withhold income taxes from each employee, and pay such tax in accordance with the City of Muskegon Income Tax Ordinance and all applicable laws associated with that ordinance. Contractor shall require the same from each subcontractor, consultant or vendor used in the performance of his duties and obligations in this Agreement. City reserves the right to withhold payments otherwise due to Contractor to assure compliance with this Agreement or to cure such noncompliance. 11. General Provisions. a. Notices. Any notice that either party may give or is required to give under this Agreement shall be in writing, specify the position, department and location assigned, and, if mailed, shall be effective on the day it is delivered to the other party at the other party’s address set forth in this Agreement or at any other address that the other party provides in writing. Notices given in person are effective on the day they are given. Notices to the City must copy the City Attorney at 601 Terrace St., Muskegon, MI 49440. b. Governing Law. 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. c. Assignment or Delegation. Neither party shall assign all nor any portion of its rights nor obligations contained in this Agreement without express prior written approval of the other party, which approval may be withheld in the other party’s sole discretion. d. Entire Agreement. This Agreement and the documents specified in section 1 shall constitute the entire agreement, and shall supersede any other Agreements, written or oral, that may have been made or entered into, by, and between the parties with respect to the subject matter of this Agreement, and shall not be modified or BGCML Temporary Staffing Service Agreement Page 5 of 6 4 /15/22 – 10/31/22 amended except in a subsequent writing signed by the party against whom enforcement is sought. e. Binding Effect. This Agreement shall be binding upon, and to the benefit of, and be enforceable by, the parties and their respective legal representatives, permitted successors, and assigns. f. Waiver. City may waive all or any portion of damages without prejudicing its rights under this Agreement. g. Severability. Should any one or more of the provisions of this Agreement be determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of this agreement shall not in any way be impaired or affected. h. Venue. The parties agree that, for purposes of any dispute in connection with this Agreement, the Muskegon County District or Circuit Court shall have exclusive personal and subject matter jurisdiction and venue. i. Survival. All representations, warranties, and covenants in this Agreement shall survive the signing of this Agreement. j. Written Clarification. In the event that there are inconsistencies within the Agreement, the Contractor shall immediately notify the City, in writing, for a determination, interpretation, clarification and/or prioritization of the inconsistencies. City and Contractor have executed this Agreement on the date written next to their signatures to be effective according to the term(s) stated in this document. Date: ,2022 CITY OF MUSKEGON By: Ken Johnson, Mayor And: Ann Meisch, Clerk Date: ,2022 BOYS AND GIRLS CLUB OF THE MUSKEGON LAKESHORE By: BGCML Temporary Staffing Service Agreement Page 6 of 6 4 /15/22 – 10/31/22 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: Staffing Services Agreement (enCompass) Submitted By: Dan VanderHeide Department: Public Works Brief Summary: Staff is requesting authorization to contract with Community enCompass for temporary staffing services during the 2022 maintenance season. Detailed Summary: During 2021 the City entered into a pilot program with Community enCompass, a neighborhood services organization, to provide youth from their support programs as temporary staffing services helping the Department of Public Works maintain City parks. The pilot program was successful, and Community enCompass has requested to repeat the arrangement again in 2022. Community enCompass anticipates providing approximately 10 to 15 staff split into teams of up to 5, and in consultation with DPW identified services they would be well suited for. The services will include restroom cleaning and waste removal at Marsh Field, McLaughlin Community Park, Clara Shepherd Park, the Dog Park, and Campbell Field. Other parks or properties may be added depending on staffing availability. DPW typically hires up to 30 seasonal employees each year from GoodTemps (Goodwill). The staffing provided by this agreement will take the place of an approximately equal number of our typical seasonal employees, helping DPW fill our roster during the labor shortage and providing employment and training for younger community members. Temporary staffing is accounted for in the annual budget of the departments that use these services. The employees under this agreement are included in the parks (general) fund budget. Amount Requested: Approx. $110,700 Amount Budgeted: $110,700 in FY22 and in FY23 Fund(s) or Account(s): 101-70751-5346 Fund(s) or Account(s): 101-70751-5346 Recommended Motion: Authorize staff to contract with Community enCompass for temporary staffing services during the 2022 maintenance season. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. CITY OF MUSKEGON CONTRACT FOR TEMPORARY STAFFING SERVICES This Agreement is effective upon execution between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street, Muskegon, MI 49440 (“City”) and Community enCompass, of 1105 Terrace Street, Muskegon, MI 49442 (“Contractor”), with reference to the following facts: RECITALS A. Contractor requested to partner with the Public Works Department to maintain parks, landscaping and other facilities throughout the city, primarily in the McLaughlin and Nelson neighborhoods. B. Contractor agrees to provide approximately ten to fifteen staff, with one supervisor per team of four to five students, to support the Public Works Department in maintaining the parks, landscaping and other facilities. NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Services. Contractor shall provide the following services: a. Picking up loose debris and refuse (trash), emptying refuse containers, cleaning restrooms, maintaining landscaping by removing weeds and other undesirable plants and items, and performing other cleaning and maintenance tasks as designated by Public Works Department Staff in parks and other City-owned properties. This effort is primarily envisioned at Marsh Field, McLaughlin Community Park, Clara Shepherd Park, the Dog Park, and Campbell Field, however other parks or properties may be assigned by Public Works Department Staff in consultation with Contractor. b. During the months of June, July and August, the contractor will provide up to 35 hours of labor per week per employee. During September and October, the contractor will provide a reduced workforce to support critical efforts. The employees are students and will not have as much availability during the school year. 2. Equipment. The City shall supply safety equipment mandated for employees while on assignment with the City, together with other equipment described herein. a. The City shall supply hand-operated equipment that directly supports the tasks described in this agreement and other duties as assigned by Public Works Department Staff in consultation with the Contractor; examples of this equipment Community enCompass Temporary Staffing Services Agreement Page 1 of 6 6 / 1 /22 – 10/31/22 includes hand tools such as rakes and spades, and cleaning equipment such as brushes and bottles. The City will provide materials to support the efforts, such as paper towel(s), cleaning solutions and refuse bags. b. If available for use, the City may supply a motor vehicle and/or utility trailer to assist with refuse disposal, carrying equipment and staff relocation, based from the City’s Public Works Facility at 1350 E. Keating Avenue, Muskegon, MI 49442, for Contractor’s use. All operators of such a vehicle and/or utility trailer must be licensed within the State of Michigan to operate a motor vehicle and carry a current driver’s license. The City will provide materials to support the vehicle, such as gasoline. c. The City will perform any required maintenance on City-owned equipment. The City reserves the right, in its sole discretion, to withdraw the use of equipment if deemed in the best interest of the City. Any damage caused to rented or supplied equipment is the responsibility of the Contractor. d. In the event the City is unable to provide equipment, and upon written approval from City, the Contractor may rent equipment that is deemed necessary for the Services. The City will provide materials to support rented equipment, such as gasoline and other consumables not included in rental costs. Maintenance of rented equipment shall be the responsibility of the Contractor. The City will reimburse the cost of the equipment rental at actual cost, including maintenance costs. 3. Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor related to the performance of its duties under this Agreement, except as described in Section 2.d of this agreement. 4. Contract Billing. City agrees to pay Contractor, in full consideration for the complete performance of Contractor’s obligations under this Agreement: a. Youth will be paid at a rate of $12/hour. b. Supervisors will be paid at a rate of $15/hour. c. For all labor, Contractor will bill a markup of 37.5% to cover taxes, insurance and administrative costs. Expenses, when reimbursable, will be billed at actual cost. 5. Payment. Contractor shall submit detailed invoices on a monthly basis for the prior month’s services. Payments according to this agreement are invoiced and paid on a monthly basis. Requests for payment shall be submitted on a detailed invoice to the City monthly for the previous month. The City agrees that payment shall be due on net 30-day terms. 6. Specific Reservations. City reserves the right to discontinue its use of temporary employees from contractor as it determines appropriate. Community enCompass Temporary Staffing Services Agreement Page 2 of 6 6 / 1 /22 – 10/31/22 7. Terms and Termination. This Agreement shall be effective on the date of execution, and shall remain in full force and at the same terms through October 31, 2022, with an option to renew for an additional term, if mutually agreed upon by both parties as memorialized in a written and signed agreement. 8. Commencement and Damages. a. Commencement. Contractor shall commence performance under this Agreement upon its execution. The City shall notify Contractor of any violation of the Agreement. It shall be the duty of Contractor to remedy a Contractor violation. Failure to perform pursuant to this Agreement for a period in excess of five (5) consecutive scheduled, working days, or failure for a similar period, to perform in the manner required, and provided such failure is not a result of war, insurrection, riots, or acts of God, the City may, at its option and after written notice to Contractor, utilize any or all of Contractor’s equipment used in performance of this Agreement until such time the matter is resolved and the Contractor is performing under the terms of the Agreement. b. Appeal. The City’s determination regarding damages shall be final and binding on both parties unless appealed, in writing, to the City Manager or his designee within ten (10) working days after notice. The City Manager or his designee shall grant Contractor an informal hearing upon such request. The decision of the City Manager shall be final and binding. 9. Insurance and Indemnity. a. City Insurance Requirement. The contractor, and any and all of their subcontractors, shall not commence work under this contract until they have obtained the insurance required under this paragraph, and shall keep such insurance in force during the entire life of this contract. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan and acceptable to City of Muskegon. The requirements below should not be interpreted to limit the liability of the Contractor. All deductibles and SIRs are the responsibility of the Contractor. b. Worker’s Compensation Insurance, including Employers’ Liability Coverage, in accordance with all applicable statutes of the State of Michigan. c. Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000 per occurrence and aggregate. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form Community enCompass Temporary Staffing Services Agreement Page 3 of 6 6 / 1 /22 – 10/31/22 General Liability Extensions or equivalent, if not already included; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable. d. Automobile Liability, including Michigan No-Fault Coverages, with limits of liability not less than $1,000,000 per occurrence combined single limit for Bodily Injury, and Property Damage. Coverage shall include all owned vehicles, all non- owned vehicles, and all hired vehicles e. Additional Insured: Commercial General Liability and Automobile Liability, as described above, shall include an endorsement stating the following shall be Additional Insureds: The City of Muskegon, all elected and appointed officials, all employees and volunteers, agents, all boards, commissions, and/or authorities and board members, including employees and volunteers thereof. It is understood and agreed by naming the City of Muskegon as additional insured, coverage afforded is considered to be primary and any other insurance the City of Muskegon may have in effect shall be considered secondary and/or excess. f. Cancellation Notice: Worker’s Compensation Insurance, Commercial General Liability Insurance, and Automobile Liability Insurance, as described above, shall be endorsed to state the following: It is understood and agreed Thirty (30) days, Ten (10) days for non-payment of premium, Advance Written Notice of Cancellation, Non-Renewal, Reduction, and/or Material Change shall be sent to: City of Muskegon, Finance and Administrative Services Director, 933 Terrace St, PO Box 536, Muskegon, Michigan 49443-0536. g. Proof of Insurance Coverage. Contractor shall provide the City at the time the contracts are returned for execution, certificates and policies endorsing the City as additional insured as listed below: i. Two (2) copies of Certificates of Insurance for Workers’ Compensation Insurance, if applicable; ii. Two (2) copies of Certificate of Insurance for Commercial General Liability Insurance; and iii. If so requested, Certified Copies of all policies mentioned above will be furnished. If any of the above coverages expire during the term of this contract, Contractor shall deliver renewal certificates and/or policies to City at least ten (10) days prior to the expiration date. h. Indemnity. Contractor shall indemnify and save harmless the City against and from all costs, expenses, liabilities, claims, suits, action, and demands of every kind or nature, including reasonable attorney fees, by or on behalf of any person, party, or governmental authority whatsoever arising out of Contractor’s services performed Community enCompass Temporary Staffing Services Agreement Page 4 of 6 6 / 1 /22 – 10/31/22 under this agreement, Contractor’s failure to perform under this agreement, Contractor’s use of City equipment, or Contractor’s failure to comply with any laws, ordinances, requirements, orders, directions, rules, or regulations of any federal, state, county, or local governmental authority. 10. Income Tax Withholding. Contractor shall withhold income taxes from each employee, and pay such tax in accordance with the City of Muskegon Income Tax Ordinance and all applicable laws associated with that ordinance. Contractor shall require the same from each subcontractor, consultant or vendor used in the performance of his duties and obligations in this Agreement. City reserves the right to withhold payments otherwise due to Contractor to assure compliance with this Agreement or to cure such noncompliance. 11. General Provisions. a. Notices. Any notice that either party may give or is required to give under this Agreement shall be in writing, specify the position, department and location assigned, and, if mailed, shall be effective on the day it is delivered to the other party at the other party’s address set forth in this Agreement or at any other address that the other party provides in writing. Notices given in person are effective on the day they are given. Notices to the City must copy the City Attorney at 601 Terrace St., Muskegon, MI 49440. b. Governing Law. 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. c. Assignment or Delegation. Neither party shall assign all nor any portion of its rights nor obligations contained in this Agreement without express prior written approval of the other party, which approval may be withheld in the other party’s sole discretion. d. Entire Agreement. This Agreement and the documents specified in section 1 shall constitute the entire agreement, and shall supersede any other Agreements, written or oral, that may have been made or entered into, by, and between the parties with respect to the subject matter of this Agreement, and shall not be modified or amended except in a subsequent writing signed by the party against whom enforcement is sought. e. Binding Effect. This Agreement shall be binding upon, and to the benefit of, and be enforceable by, the parties and their respective legal representatives, permitted successors, and assigns. f. Waiver. City may waive all or any portion of damages without prejudicing its rights under this Agreement. g. Severability. Should any one or more of the provisions of this Agreement be Community enCompass Temporary Staffing Services Agreement Page 5 of 6 6 / 1 /22 – 10/31/22 determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of this agreement shall not in any way be impaired or affected. h. Venue. The parties agree that, for purposes of any dispute in connection with this Agreement, the Muskegon County District or Circuit Court shall have exclusive personal and subject matter jurisdiction and venue. i. Survival. All representations, warranties, and covenants in this Agreement shall survive the signing of this Agreement. j. Written Clarification. In the event that there are inconsistencies within the Agreement, the Contractor shall immediately notify the City, in writing, for a determination, interpretation, clarification and/or prioritization of the inconsistencies. City and Contractor have executed this Agreement on the date written next to their signatures to be effective according to the term(s) stated in this document. Date: ,2022 CITY OF MUSKEGON By: Ken Johnson, Mayor And: Ann Meisch, Clerk Date: ,2022 COMMUNITY ENCOMPASS By: Community enCompass Temporary Staffing Services Agreement Page 6 of 6 6 / 1 /22 – 10/31/22 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: Equity Vision Statement Submitted By: LeighAnn Mikesell Department: City Manager’s Office Brief Summary: The city’s Core Team has created an equity vision statement and is seeking formal adoption by the commission. Detailed Summary: Our draft equity vision statement began with the city’s current vision statement and was built through answering the following questions. How do you define equity? What are the desired results? What would the results look like? What are desired outcomes? Current vision statement: 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 statement: 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. Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Adopt the equity vision statement presented by the city’s Core Team. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: Youth Programming -COVID Submitted By: Oneata Bailey Department: Community and Neighborhood Services Brief Summary: Youth Programming Support Detailed Summary: CDBG Proposals received for the following programs will support local Youth Programs with CDBG-CV funding: Kids Power of Produce- $ 15,000 Promoting Healthy food choices and programs for low-income families for children ages 3-13 West Michigan Lake Hawks in Flight Foundation INC – 30,000 Provide a UNITY event to focus on Mental Health for youth transitioning from COVID Proposals included. Amount Requested: 45,000 Amount Budgeted: 45,000 Fund(s) or Account(s): CDBG-CV Fund(s) or Account(s): CDBG-CV Recommended Motion: Approve the requests for funding to support Youth Programming. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: Youth Programming (Training)-COVID Submitted By: Oneata Bailey Department: Community and Neighborhood Services Brief Summary: Youth Programming for Employment Training Detailed Summary: CDBG Proposal received for Access for All Apprenticeship Readiness Training Program through Michigan State AFL-CIO Workforce Development Institute: 1 Cohort fiscal year 2022- $ 90,000 Annual training for Workforce Development training in Muskegon county for youth ages 18- 24. This would be the 1st of a proposed 3 year training cycle. Proposal included. Amount Requested: 90,000 Amount Budgeted: 90,000 Fund(s) or Account(s): CDBG-CV Fund(s) or Account(s): CDBG-CV Recommended Motion: Approve the requests for funding to support Youth Programming. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: Sale – 207 E Walton, 283 E Walton & 692 W Grand Submitted By: Mike Franzak Department: Planning Department Brief Summary: City staff is seeking authorization to sell three of the City owned vacant lots to Firm Engineering Construction Group LLC. Detailed Summary: Firm Engineering Construction Group LLC will be constructing three single family homes on the lots owned by the City of Muskegon. They will be sold for 75% of the True Cash Value (TCV) per policy. The total selling price will be $9,000. The properties are located in the Brownfield Development area. The homes will be constructed within eighteen (18) months. Amount Requested: None. Amount Budgeted: $0 Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Authorize the Code Coordinator to work with the developer and complete the sale of the three City owned buildable lots as described and to have the Mayor and Clerk sign the deed. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: Sale of the West half of 1991 Clinton to be combined with 1974 Peck St. Submitted By: Hope Griffith Department: Planning Department Brief Summary: City staff is seeking authorization to sell the West half of 1991 Clinton (City owned vacant lot) to La Familia Farms Property LLC. Detailed Summary: La Familia Farms Property LLC will be purchasing the adjacent property at 1974 Peck St for the construction of their business. They would like to purchase the West Half of 1991 Clinton that is directly adjacent to the South of their property for $10,000 to combine with their property (map is attached). The True Cash Value of the entire vacant lot is $20,000 per County Equalization. The City will retain an easement across the portion being sold due to a water main being located there. They will be utilizing this property for the parking lot. Amount Requested: None. Amount Budgeted: $0 Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Authorize the Code Coordinator to work with the developer and complete the sale of the City owned lot as described and to have the Mayor and Clerk sign the purchase agreement and deed. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is made April ___, 2022, by and between the CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace St. Room 202, Muskegon, Michigan 49440 ("Seller"), and LA FAMILIA FARMS PROPERTY LLC, a Limited Liability Company, of 2146 N. Kilpatrick Ave., Chicago, Illinois 60639 ("Buyer"). 1. General Agreement and Description of Premises. Seller agrees to sell, and Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways, the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as: CITY OF MUSKEGON PLAT A MUSKEGON HEIGHTS SOUTH 1/2 LOT 13 BLOCK 23 Subject to the reservations, restrictions and easements of record, provided said reservations, restrictions and easements of record are acceptable to Buyer upon disclosure and review of the same, and subject to any governmental inspections required by law. There will be an easement and right of way on this property to the Seller due to a watermain being located on the property. 2. Purchase Price and Manner of Payment. The purchase price for the Premises shall be Ten Thousand and no/100 Dollars ($10,000.00). 3. Taxes and Assessments. All taxes and assessments that are due and payable at the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special assessments that become due and payable after Closing shall be the responsibility of Buyer. 4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for an amount not less than the purchase price stated in this Agreement, guaranteeing title on the conditions required herein. In the event the reservations, restrictions or easements of record disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45) days from the date Seller is notified in writing of such unreasonableness of restriction and such unmarketability of title, to remedy such objections. If Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as herein provided, within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or remedy the title within the time above specified or fails to obtain satisfactory title insurance, this Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall be paid by Seller. 5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as part of the consideration inuring to the City, Buyer covenants and agrees that this entire lot is under and easement and right of way in which to construct, use, repair, and replace the O:\CLERK\Common\Word\Agenda Items for Next Meeting\2022\041222\16b_1991 Clinton - purchase agreement.doc watermain and appurtenant parts thereof and to enter upon the land to said easement and right of way for the purpose of construction, operation, maintenance, repair and/or replacement thereof. IT IS UNDERSTOOD that buildings, walls, trees, or any type of structure(s) which would inhibit the intended use of this easement will not be placed upon the Easement Property without the prior written consent of the Seller with the exception of the parking lot, landscaping and fencing. If any maintenance is required of the watermain; then it will be the responsibility of the Buyer to replace the ground covering that is removed (i.e. parking lot). The covenants in this paragraph shall survive the closing and run with the land. 6. Survey. Buyer at its own expense may obtain a survey of the Premises, and Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to the location, boundaries and area of the Premises and improvements thereon without regard to any representations that may have been made by Seller or any other person. In the event that a survey by a registered land surveyor made prior to closing discloses an encroachment or substantial variation from the presumed land boundaries or area, Seller shall have the option of effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to purchase the Premises subject to said encroachment or variation. 7. Condition of Premises and Examination by Buyer. NO IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE FOUND. 8. Real Estate Commission. Buyer and Seller both acknowledge and agree that neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that no agent, broker, salesperson or other party is entitled to a real estate commission upon the closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from any liability, including reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for a real estate commission arising from actions taken by the other party. O:\CLERK\Common\Word\Agenda Items for Next Meeting\2022\041222\16b_1991 Clinton - purchase agreement.doc 9. Closing. The closing date of this sale shall be on or before _________________, 2022 ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company, 570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall execute an IRS closing report at the Closing. 10. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at Closing for the Premises. 11. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed Affidavit of Title. 12. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on the date of Closing. 13. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the amount required by law. In addition, Seller shall be responsible to pay for the recording of any instrument that must be recorded to clear title to the Premises, to the extent required by this Agreement. Buyer shall pay for the cost of recording the deed to be delivered at Closing. Buyer and Seller shall split any other closing costs. 14. General Provisions. a. Paragraph Headings. The paragraph headings are inserted in this Agreement only for convenience. b. Pronouns. When applicable, pronouns and relative words shall be read as plural, feminine or neuter. c. Merger. It is understood and agreed that all understandings and agreements previously made between Buyer and Seller are merged into this Agreement, which alone fully and completely expresses the agreement of the parties. d. Governing Law. This Agreement shall be interpreted and enforced pursuant to the laws of the State of Michigan. e. Successors. All terms and conditions of this Agreement shall be binding upon the parties, their successors and assigns. f. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision(s) had never been contained herein. O:\CLERK\Common\Word\Agenda Items for Next Meeting\2022\041222\16b_1991 Clinton - purchase agreement.doc g. Survival of Representations and Warranties. The representations, warranties, covenants and agreements contained in this Agreement and in any instrument provided for herein shall survive the Closing and continue in full force and effect after the consummation of this purchase and sale. h. Modification of the Agreement. This Agreement shall not be amended except by a writing signed by Seller and Buyer. The parties have executed this Real Estate Purchase Agreement the day and year first above written. WITNESSES: SELLER: CITY OF MUSKEGON _______________________________ By_____________________________________ Ken Johnson, Mayor _______________________________ _______________________________________ Ann Marie Meisch, MMC, Clerk BUYER: ________________________________ _____________________________________ La Familia Farms Property LLC Fabian Limon, Manager and CEO ________________________________ O:\CLERK\Common\Word\Agenda Items for Next Meeting\2022\041222\16b_1991 Clinton - purchase agreement.doc Sale of the West half of 1991 Clinton LARCH CLINTON TER 5TH RAC E PECK LAKETON Marsh Field ALPHA 5TH JEFFERSON HOYT JIROCH SANFORD LEAHY HOLBROOK HOLBROOK CLINTON REYNOLDS This section that is west of the alley is for the sale. (26 ft. X 125 ft.) 1991 Clinton Outlined in red Zoned B-4 We will retain this section that 1974 Peck is east of the alley. (26 ft. X 125 ft.) Zoned R-1 KEATING ´ KEATING 5TH REYNOLDS KEATING AFFETT AKER Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: Sale – 1258 Wesley, 1364 Morgan, 1419 Ducey, 1428 Ducey, 1536 Ducey, 1539 Ducey, 1556 Albert, 1561 Albert, and 1488 Ducey Submitted By: Hope Griffith Department: Planning Department Brief Summary: City staff is seeking authorization to sell nine of the City owned vacant lots to Stephens Homes and Investments LLC. Detailed Summary: Stephens Homes and Investments LLC will be constructing nine single family homes on the lots owned by the City of Muskegon. The properties are zoned R-1 (Single Family Residential). They will be sold for 75% of the True Cash Value (TCV) per policy. The total selling price will be $38,925. Eight of the properties are located in the Brownfield Development area. The property at 1488 Ducey is the east 50 feet of 1476 Ducey (not located in the Brownfield Development area). The City will retain the remainder of 1476 Ducey for Fire Station #5 that is located adjacent at 1481 Marquette. The homes will be constructed within twenty-four (24) months. Amount Requested: None. Amount Budgeted: $0 Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Authorize the Code Coordinator to work with the developer and complete the sale of the nine City owned buildable lots as described and to have the Mayor and Clerk sign the deed. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (“Agreement”) is made ____________, 2022 (“Effective Date”), between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440 (“City”), and Stephens Homes and Investments, LLC, a Michigan limited liability company, of 1042 Terrace Street, Muskegon, Michigan 49442 (“Developer”), with reference to the following facts: Background A. Developer proposes to purchase and develop nine (9) vacant properties owned by City, which are all located in the City of Muskegon, Muskegon County, Michigan, and each commonly known and legally described on the attached Exhibit A (each property individually, a “Parcel” and collectively “Project Properties”). B. City and Developer desire to establish the terms, covenants, and conditions upon which City will sell and Developer will purchase and develop the Project Properties. Developer intends to develop on each of the Project Properties a single-family house (the “Project”). Therefore, for good and valuable consideration, the parties agree as follows: 1. Sale and Purchase of Project Properties. City agrees to sell to Developer, and Developer agrees to purchase from City, on the terms and subject to the conditions set forth in this Agreement, the Project Properties, subject to reservations, restrictions, and easements of record. 2. Purchase Price. The total purchase price for the Project Properties shall be $38,925.00, which shall be paid in cash or other immediately available funds at Closing (defined below). The total purchase price for the Project Properties shall be allocated to each Parcel as provided on Exhibit A. Pursuant to Paragraph 3(b) below, the parties acknowledge and agree that Developer shall be eligible to be reimbursed all or a portion of the purchase price for each Parcel upon the completion of certain design standards as further described herein. 3. Construction and Development Requirements. a. Construction Dates. The parties acknowledge and agree that Developer shall have a period of twenty-four (24) months from the date of Closing to complete the Project (“Construction Period”), except as otherwise provided in this Agreement or as otherwise mutually agreed upon by the parties in writing. b. Construction Details; Purchase Price Reimbursement. Developer’s construction and development of the Project Properties shall be in substantial conformance with its plans and specifications provided to City by Developer or as otherwise agreed upon in writing between City and Developer. As referenced above, Developer shall be eligible for reimbursement of all or a portion of the purchase price for each of the Project Properties upon Developer’s satisfaction of the following design standards for each single-family home it constructs on the Project Properties: Design Standard Purchase Price Reimbursement for Parcel Open front porch of at least 60 sq. ft. 25% Picture or bay window 25% Shutter or other acceptable window 25% treatments Underground Sprinkling 25% (By way of example only: If Developer completes three of the design standards listed above for the construction at the Parcel located at 1556 Albert Avenue, Developer would be reimbursed $3,037.50, which is 75% of the $4,050 purchase price for this Parcel. If Developer completes all four design standards, Developer would be reimbursed the entire purchase price for this Parcel.) 4. Right of Reversion. Notwithstanding anything herein to the contrary, and as security for Developer’s obligation to commence and complete construction of a single-family house on each of the Project Properties, the quit claim deed conveying the Project Properties to Developer shall contain a right of reversion in all of the Project Properties (“City’s Reversionary Right”), which may be exercised by City, in its sole and absolute discretion, if any of the following conditions occur: a. Developer does not commence construction within sixty (60) days after the date of Closing, in which case title to all of the Project Properties shall automatically revert to City upon the terms and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph 4(a), commencing construction means furnishing labor and materials to at least one Parcel of the Project Properties and beginning installation of the approved single-family home(s). b. Developer does not complete construction of all Project Properties prior to expiration of the Construction Period, in which case title to any of the Project Properties that are not complete by the end of the Construction Period shall automatically revert to City upon the terms and conditions further provided in this Paragraph 4 below. For purposes of this Paragraph 4(b), completing construction means the issuance of an occupancy permit by City for all of the Project Properties. Provided, however, the parties agree to reasonably negotiate an extension of the Construction Period up to a period of six (6) months for any of the Project Properties that have a completed foundation before the expiration of the initial Construction Period. If any of the above conditions occur, City shall automatically have City’s Reversionary Right to reacquire title to any or all of the Project Properties, as the case may be. To exercise City’s Reversionary Right described herein, City must provide written notice to Developer (or its permitted successors, assigns, or transferees) within thirty (30) days of Developer’s failure under this Agreement, but in any event prior to Developer satisfying the conditions set forth in Paragraph 4(a) or Paragraph 4(b) above, as the case may be, and record such notice with the Muskegon County Register of Deeds. Upon request of City, Developer shall take all reasonable steps to ensure City acquires marketable title to any or all of the Project Properties, as the case may be, through its exercise of its rights under this Paragraph within thirty (30) days of City’s demand, including without limitation, the execution of appropriate deeds and other documents. In addition, if any or all of the Project Properties revert to City, City may retain the purchase price for such Project Properties free and clear of any claim of Developer or its assigns. In the event of reversion of title of any or all of the Project Properties, improvements made on such Project Properties shall become the property of City. In no event shall the Project Properties be in a worse condition than upon the date of Closing. These covenants and conditions shall run with the land and be recorded in the quit claim deed from City to Developer. 5. Waiver of Water/Sewer Connection Fee. Upon the condition that all Project Properties are completed no later than the Construction Completion Date, City agrees to waive the water/sewer connection fee for all Project Properties. 6. Title Insurance. Within five (5) days after the Effective Date, Developer shall order a title commitment for an extended coverage ALTA owner’s policy of title insurance issued by Transnation Title Agency (the “Title Company”) for the Project Properties in the amount of the total purchase price for the Project Properties and bearing a date later than the Effective Date, along with copies of all of the underlying documents referenced therein (the “Title Commitment”). Developer shall cause the Title Company to issue a marked-up commitment or pro forma owner’s policy with respect to the Project Properties at the Closing naming Developer as the insured and in form and substance reasonably satisfactory to Developer, but subject to Permitted Exceptions (defined below). As soon as possible after the Closing, Developer shall cause the Title Company to furnish to Developer an extended coverage ALTA owner’s policy of title insurance with respect to the Project Properties (the “Title Policy”). City shall be responsible for the cost of the Title Policy; provided, however, Developer shall be solely responsible for the cost of any endorsements to the Title Policy that Developer desires. 7. Title Objections. Developer shall have until the end of the Inspection Period (as defined below) within which to raise objections to the status of City’s title to the Project Properties. If objection to the title is made, City shall have seven (7) days from the date it is notified in writing of the particular defects claimed to either (a) remedy the objections, or (b) notify Developer that it will not remedy the objections. If Developer does not notify City in writing as to any title or survey objections, then Developer will be deemed to have accepted the condition of title as set forth in the Title Commitment. If City is unwilling or unable to remedy the title or obtain title insurance over such defects within the time period specified, then notwithstanding anything contained herein to the contrary, Developer may, at its option, upon written notice to City, either (i) terminate this Agreement and neither City nor Developer shall have any further obligation to the other pursuant to this Agreement, except as otherwise provided herein, or (ii) waive such objection, in which case such objection shall become a Permitted Exception, and thereafter proceed to the Closing according to the terms of this Agreement. Any matter disclosed on the Title Commitment that is waived or not objected to by Developer shall be deemed a “Permitted Exception.” 8. Property Taxes and Assessments. City shall be responsible for the payment of all real estate taxes and assessments that become due and payable prior to Closing, without proration. Developer shall be responsible for the payment of all real estate taxes and assessments that become due and payable after Closing, without proration. 9. Survey. Developer at its own expense may obtain a survey of any or all of the Project Properties, and Buyer or its surveyor or other agents may enter any of the Project Properties for that purpose prior to Closing. If no survey is obtained, Developer agrees that Developer is relying solely upon Developer's own judgment as to the location, boundaries, and area of the Project Properties and improvements thereon without regard to any representations that may have been made by City or any other person. In the event that a survey by a registered land surveyor made prior to Closing discloses an encroachment or substantial variation from the presumed land boundaries or area, City shall have the option of affecting a remedy within seven (7) days after disclosure, or terminate this Agreement. Developer may elect to purchase the Project Properties subject to said encroachment or variation. 10. Inspection Period. At Developer’s sole option and expense, Developer and Developer’s agents may conduct inspections of each of the Project Properties within thirty (30) days after the Effective Date (“Inspection Period”). Developer’s inspection under this Paragraph may include, by way of example but not limitation, inspections of any existing improvements to each Parcel, other systems servicing the Parcel, zoning, and the suitability for Developer’s intended purposes for each Parcel. If Developer, in Developer’s reasonable discretion, is not satisfied with the results of the inspections for any reason, Developer shall notify City in writing of Developer’s prior to expiration of the 30-day Inspection Period. If Developer so notifies City, this Agreement shall be terminated and have no further force and effect. If no written objection is made by Developer within the stated period, this inspection contingency shall be deemed to be waived by Developer and the parties shall proceed to Closing in accordance with the terms of this Agreement. 11. Condition of Project Properties. City and Developer acknowledge and agree that each Parcel in the Project Properties is being sold and delivered “AS IS”, “WHERE IS” in its present condition. Except as specifically set forth in this Agreement or any written disclosure statements, City has not made, does not make, and specifically disclaims any and all representations, warranties, or covenants of any kind or character whatsoever, whether implied or express, oral or written, as to or with respect to (i) the value, nature, quality, or condition of any of the Project Properties, including without limitation, soil conditions, and any environmental conditions; (ii) the suitability of the Project Properties for any or all of Developer’s activities and uses; (iii) the compliance of or by the Project Properties with any laws, codes, or ordinances; (iv) the habitability, marketability, profitability, or fitness for a particular purpose of the Project Properties; (v) existence in, on, under, or over the Project Properties of any hazardous substances; or (vi) any other matter with respect to the Project Properties. Developer acknowledges and agrees that Developer has or will have the opportunity to perform inspections of the Project Properties pursuant to this Agreement and that Developer is relying solely on Developer’s own investigation of the Project Properties and not on any information provided to or to be provided by City (except as specifically provided in this Agreement). If the transaction contemplated herein closes, Developer agrees to accept the respective Project Properties acquired by Developer and waive all objections or claims against City arising from or related to such Project Properties and any improvements thereon except for a breach of any representations or warranties or covenants specifically set forth in this Agreement. In the event this transaction closes, then subject to City’s express representations, warranties, and covenants in this Agreement, Developer acknowledges and agrees that it has determined that the respective Project Properties it has acquired and all improvements thereon are in a condition satisfactory to Developer based on Developer’s own inspections and due diligence, and Developer has accepted such Project Properties in their present condition and subject to ordinary wear and tear up to the date of Closing. The terms of this Paragraph shall survive the Closing and/or the delivery of the deed. 12. Developer’s Representations and Warranties of Developer. Developer represents, covenants, and warrants the following to be true: a. Authority. Developer is a Michigan limited liability company. Developer has the power and authority to enter into and perform Developer’s obligations under this Agreement. b. Litigation. No judgment is outstanding against Developer and no litigation, action, suit, judgment, proceeding, or investigation is pending or outstanding before any forum, court, or governmental body, department or agency or, to the knowledge of Developer, threatened, that has the stated purpose or the probable effect of enjoining or preventing the Closing. c. Bankruptcy. No insolvency proceeding, including, without limitation, bankruptcy, receivership, reorganization, composition, or arrangement with creditors, voluntary or involuntary, affecting Developer or any of Developer's assets or properties, is now or on the Closing Date will be pending or, to the knowledge of Developer, threatened. 13. Conditions Precedent. This Agreement and all of the obligations of Developer under this Agreement are, at Developer’s option, subject to the fulfillment, before or at the time of the Closing, of each of the following conditions: a. Performance. The obligations, agreements, documents, and conditions required to be signed and performed by City shall have been performed and complied with before or at the date of the Closing. b. City Commission Approval. This Agreement is approved by the Muskegon City Commission. 14. Default. a. By Developer. In the event Developer fails to comply with any or all of the obligations, covenants, warranties, or agreements under this Agreement and such default is not cured within ten (10) days after receipt of notice (other than Developer’s failure to tender the purchase price in full at Closing, a default for which no notice is required), then City may terminate this Agreement. b. By City. In the event City fails to comply with any or all of the obligations, covenants, warranties or agreements under this Agreement, and such default is not cured within ten (10) days after receipt of notice, then Developer may either terminate this Agreement or Developer may pursue its legal and/or equitable remedies against City including, without limitation, specific performance. 15. Closing. a. Date of Closing. The closing date of this sale shall be as mutually agreed by the parties, but in no event later than _______________ (“Closing”), unless this Agreement is terminated in accordance with its provisions. The Closing shall be conducted at such time and location as the parties mutually agree. b. Costs. The costs associated with this Agreement and the Closing shall be paid as follows: (i) Developer shall pay any state and county transfer taxes in the amount required by law; (ii) City shall pay the premium for the owner’s Title Policy, provided that Developer shall pay for any and all endorsements to the Title Policy that Developer desires; (iii) City shall be responsible to pay for the recording of any instrument that must be recorded to clear title to the extent required by this Agreement; (iv) Developer shall pay for the cost of recording the deed; and (v) Developer and City shall each pay one-half of any closing fees charged by the Title Company. c. Deliveries. At Closing, City shall deliver a quit claim deed for the Project Properties and Developer shall pay the purchase price. The quit claim deed to be delivered by City at closing shall include the City Right of Reversion described in Paragraph 4 above. The parties shall execute and deliver such other documents reasonably required to effectuate the transaction contemplated by this Agreement. 16. Real Estate Commission. Developer and City shall each be responsible for any fees for any real estate agents, brokers, or salespersons regarding this sale that it has hired, but shall have no obligation as to any fees for any real estate agents, brokers, or salespersons regarding this sale that the other party has hired. 17. Notices. All notices, approvals, consents and other communications required under this Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) when sent by fax or email: (iii) when sent by a nationally-recognized receipted overnight delivery service with delivery fees prepaid; or (iv) when sent by United States first-class, registered, or certified mail, postage prepaid. The notice shall be effective immediately upon personal delivery or upon transmission of the fax or email; one day after depositing with a nationally recognized overnight delivery service; and five (5) days after sending by first class, registered, or certified mail. Notices shall be sent to the parties as follows: To City: City of Muskegon Attn.: LeighAnn Mikesell, Deputy City Manager 933 Terrace Street Muskegon, MI 49440 w/ copy to: Parmenter Law Attn.: John C. Schrier 601 Terrace Street, Suite 200 Muskegon, MI 49440 Email: john@parmenterlaw.com To Developer: Stephens Homes and Investments, LLC Attn.: __________________ 1042 Terrace Street Muskegon, MI Email: __________________ 18. Miscellaneous. a. Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the state of Michigan. b. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any other agreements, written or oral, that may have been made by and between the parties with respect to the subject matter of this Agreement. All contemporaneous or prior negotiations and representations have been merged into this Agreement. c. Amendment. This Agreement shall not be modified or amended except in a subsequent writing signed by all parties. d. Binding Effect. This Agreement shall be binding upon and enforceable by the parties and their respective legal representatives, permitted successors, and assigns. e. Counterparts. This Agreement may be executed in counterparts, and each set of duly delivered identical counterparts which includes all signatories, shall be deemed to be one original document. f. Full Execution. This Agreement requires the signature of all parties. Until fully executed, on a single copy or in counterparts, this Agreement is of no binding force or effect and if not fully executed, this Agreement is void. g. Non-Waiver. No waiver by any party of any provision of this Agreement shall constitute a waiver by such party of any other provision of this Agreement. h. Severability. Should any one or more of the provisions of this Agreement be determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be impaired or affected. i. No Reliance. Each party acknowledges that it has had full opportunity to consult with legal and financial advisors as it has been deemed necessary or advisable in connection with its decision to knowingly enter into this Agreement. Neither party has executed this Agreement in reliance on any representations, warranties, or statements made by the other party other than those expressly set forth in this Agreement. j. Assignment or Delegation. Except as otherwise specifically set forth in this Agreement, neither party shall assign all or any portion of its rights and obligations contained in this Agreement without the express or prior written approval of the other party, in which approval may be withheld in the other party's sole discretion. k. Venue and Jurisdiction. The parties agree that for purposes of any dispute in connection with this Agreement, the Muskegon County Circuit Court shall have exclusive personal and subject matter jurisdiction and that Muskegon County is the exclusive venue. This Agreement is executed effective as of the Effective Date set forth above. CITY: DEVELOPER: CITY OF MUSKEGON STEPHENS HOMES AND INVESTMENTS, LLC By: _______________________________ By: _______________________________ Name: Ken Johnson Name: __________________________ Title: Mayor Title: __________________________ Dated: __________________ Dated: __________________ By: _______________________________ Name: Ann Marie Meisch Title: Deputy City Manager Dated: __________________ Exhibit A The following described premises located in the City of Muskegon, County of Muskegon, State of Michigan, and legally described as follows: 1) CITY OF MUSKEGON URBAN RENEWAL PLAT NO 2 LOT 335. 1556 Albert – Parcel # 61-24-611-000-0355-00 Price: $4,050.00 2) CITY OF MUSKEGON URBAN RENEWAL PLAT NO 2 LOT 275 EXCLUDING WEST 2 FEET THEREOF. 1561 Albert – Parcel # 61-24-611-000-0275-00 Price: $4,050.00 3) CITY OF MUSKEGON URBAN RENEWAL PLAT NO 2 LOT 408. 1419 Ducey – Parcel # 61-24-611-000-0408-00 Price: $4,875.00 4) CITY OF MUSKEGON URBAN RENEWAL PLAT NO 2 WEST 65.8 FEET OF LOT 444. 1428 Ducey – Parcel # 61-24-611-000-0444-00 Price: $4,050.00 5) CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 EAST 50 FEET LOT 450. 1488 Ducey – Parcel # 61-24-611-000-0450-10 – (Parcel # for 2023 tax year) Price: $4,050.00 6) CITY OF MUSKEGON URBAN RENEWAL PLAT NO 2 LOT 453. 1536 Ducey – Parcel # 61-24-611-000-0453-00 Price: $4,875.00 7) CITY OF MUSKEGON URBAN RENEWAL PLAT NO 2 LOT 397 AND EAST 3 FEET LOT 398. 1539 Ducey – Parcel # 61-24-611-000-0397-00 Price: $4,050.00 8) CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOT 876 EXCLUDING EAST 10 FEET THEREOF. 1364 Morgan – Parcel # 61-24-613-000-0876-00 Price: $4,875.00 9) CITY OF MUSKEGON URBAN RENEWAL PLAT NO 2 LOT 250. 1258 Wesley – Parcel # 61-24-611-000-0250-00 Price: $4,050.00 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 4/12/2022 Title: Placer.ai Software Subscription Renewal Submitted By: Jake Eckholm Department: Development Services Brief Summary: The Economic Development Department has been utilizing the Placer.ai platform for one year, and is requesting that the City Commission authorize the automatic renewal of the platform as requested when initially passing the item in 2021. Detailed Summary: The Development Services Division has benefited greatly from this data tool, and strongly recommends its renewal. Not only have we utilized this software internally for our own tourism tracking, industrial park analysis, event attendance, and other functions, but we have been able to assist many other community stakeholders with reports such as Community enCompass, Muskegon County Visitors Bureau, Rebel Road, West Michigan Art Festival, Muskegon Area Chamber, and others. It has proven valuable, and still has other applications we are learning that will serve the city and its redevelopment well into the future. Amount Requested: $16,000 Amount Budgeted: $16,000 Fund(s) or Account(s): Planning and Fund(s) or Account(s): Planning and Economic Development: Contracted Services Economic Development: Contracted Services (101-80400-5346) (101-80400-5346) Recommended Motion: To approve the subscription agreement renewal with Placer.ai for the term of one year as presented. For City Clerk Use Only: Commission Action: PLACER LABS, INC. ORDER FORM City of Muskegon (“Customer”) Placer Labs, Inc. (“Placer”) Address: 933 Terrace Street Address: 340 S Lemon Ave #1277, Muskegon, MI 49443 Walnut, CA 91789 Contact Person Adam Peacock Contact Person: Jake Eckholm Billing Contact Person: Ethan Low Email: jake.eckholm@shorelinecity. Billing Email*: accounting@placer.ai com Phone: (231) 724-6780 Billing Phone*: 415-228-2444 Billing Contact Email: Jake.eckholm@shorelinecity. *Not for use for official notices. com 1. Services. The services provided under this Order Form (the “Services”) include: ● Access, via Placer Venue Analytics Platform (“Placer’s Platform”), to all major venues within the United States ● Access, via Placer’s Platform, to Placer Venue Analytics reports, including, Visits, Trade Areas, Customer Journey, Customer Insights, Dwell Times, and Visitation by Hour/Day ● Actionable insights include: o Accurate foot traffic counts and dwell time o True Trade Areas displaying frequent-visitors-density by home and work locations o Customers’ demographics, interests, and time spent at relevant locations o Where customers are coming-from/going-to? Along which routes? o Benchmarking of Foot Traffic, Market Share, Audiences, and other key metrics o Competitive insights ● Custom reports per ad-hoc needs/requests; in Excel, KML, Tableau, and other formats ● Ad-hoc property visitor time lapse video generation upon request ● Premier Customer Support o Regular meeting with Placer Customer Success Team o Live, Virtual Training support as reasonably needed 2. Permitted Uses The data, information and materials accessible via the Services are referred to as “Placer Data”. Customer may use Placer Data solely for the following purposes (“Permitted Uses”): (a) Customer may use Placer Data for Customer’s internal business purposes; and (b) Customer may incorporate Placer Data into Research Data, as described and subject to the restrictions below. Under no circumstances may Customer provide any part of any Placer Data in raw form to any third party. “Research Data” means datasets and other materials created by Customer that result in any part from Customer’s use of Placer Data. Research Data must not include any Placer Data in raw form or any other form through which the raw form is readily identifiable by the recipient of Research Data (e.g., through common or basic methods of reverse- 1 engineering, etc.). The Customer may share Research Data with current and potential customers, and in marketing materials; provided that the Customer shall cite Placer as a provider of such information. 3. Term and Termination. Initial Term: The initial term of this Order Form will begin as of the last signature date set forth below, and will continue for 12 consecutive months thereafter (the “Initial Term”). Each renewal or additional term, if any, is referred to as “Additional Term”, and the Initial Term and any Additional Terms are referred to collectively as the “Term”. Additional Term: Following expiration of the Initial Term, this Order Form shall be automatically renewed for additional periods of the same duration as the Initial Term, unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current term Termination: Either party may terminate this Order Form upon thirty (30) days’ notice if the other party materially breaches any of the terms or conditions of this Order Form or the Agreement (as defined below), and the breach remains uncured during such thirty (30) days. In addition, Placer may immediately suspend Customer’s access to the Services, or terminate the Order Form, in the event of non-payment by the Customer or breach by Customer of any restrictions regarding usage of the Services. 4. Fees. US $16,000/year invoiced: in full upon signing this Order Form Fees billed via Bill.com Customer shall pay the fees set forth in this Order Form as set forth above. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. Customer shall be responsible for all taxes associated with the Services other than U.S. taxes based on Placer’s net income. If Customer believes that Placer has billed Customer incorrectly, Customer must contact Placer no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared in order to receive an adjustment or credit. Inquiries should be directed to Placer’s customer support department at support@placer.ai. In the event of any termination, Customer will pay in full for the Services up to and including the last day on which the Services are available to Customer. All billings will be sent via electronic invoice to the Customer contact indicated above. Customer shall pay all fees within thirty (30) days of the invoice date. 5. Support. 2 Placer will use commercially reasonable efforts to provide customer service and technical support in connection with the Services on weekdays during the hours of 9:00 a.m. through 5:00 p.m. California time, with the exclusion of federal holidays. For any such support, please contact us at support@placer.ai. 6. Mutual NDA. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Placer includes, without limitation, non-public information regarding features, functionalities and performance of, and pricing for, the Services. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted by the Agreement) or disclose to any third party any Proprietary Information. The foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, (b) was in the possession of or known to the Receiving Party, prior to disclosure thereof by the Disclosing Party, without any restrictions or confidentiality obligations, (c) was rightfully disclosed to it, without any restrictions or confidentiality obligations, by a third party, (d) was independently developed without use of any Proprietary Information of the Disclosing Party, or (e) is required to be disclosed by law, provided that the Receiving Party provides the Disclosing Party with prompt written notice of such requirement and reasonably cooperates with the Disclosing Party to limit or challenge such requirement. These provisions regarding Proprietary Information shall apply in perpetuity and shall survive any termination of the Order Form or the Agreement. 7. Miscellaneous. All notices under the Order Form and the Agreement will be in writing and will be deemed to have been duly given (a) upon delivery by a recognized delivery service (e.g., FedEx) with delivery confirmation, (b) upon receipt, if sent by U.S. certified or registered mail, return receipt requested, or (c) when sent via email, if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient. Notices shall be sent to the addresses set forth in the Order Form, which addresses may be subsequently modified by written notice given in accordance with these provisions. Customer grants Placer the right to use Customer’s company name and company logo, for Placer’s promotional purposes. This Order Form is entered into by and between Customer and Placer effective as of the date of the last signature below. This Order Form and use of the Services are governed by, and Customer and Placer agree to, the License Agreement located at https://www.placer.ai/placer-license-agreement/ (the “Agreement”); provided, however, that in the event of any conflict between this Order Form and the Agreement, this Order Form shall control. Unless otherwise defined in this Order Form, capitalized terms herein have the same meaning as in the Agreement. “Customer” “Placer” City of Muskegon Placer Labs, Inc. By: By: Name: Name: Noam Ben Zvi Title: Title: CEO & Co-Founder Date: Date: 3 Taste of Muskegon 2021 Hackley Park, Muskegon, 49440, MI Sep 24, 2021 - Sep 25, 2021 Data provided by Placer Labs Inc. (www.placer.ai) Metrics Est. # of Customers Est. # of Visits Avg. Visits / Customer Panel Visits Taste of Muskegon 2021 / Hackley Park 11.8K 12.4K 1.05 285 Sep 24, 2021 - Sep 25, 2021 Data provided by Placer Labs Inc. (www.placer.ai) Visits Trend Taste of Muskegon 2021 / Hackley Park 9K stisiV fo # detamitsE 6K 3K 0 h h 24t 25t Sep Sep Est. # of Visits | Sep 24, 2021 - Sep 25, 2021 Data provided by Placer Labs Inc. (www.placer.ai) Trade Area - Home Location Taste of Muskegon 2021 / Hackley Park Unique # of Customers | Showing Home | At least 1 visit | Sep 24, 2021 - Sep 25, 2021 Data provided by Placer Labs Inc. (www.placer.ai) Ranking Overview - Category: Other Taste of Muskegon 2021 / Hackley Park United States Michigan Local (15 mi) 50% 50% 50% 3 /5 1 /1 1 /1 Showing Category: Other | Metric Visits | Sep 24, 2021 - Sep 25, 2021 Data provided by Placer Labs Inc. (www.placer.ai) Typical Customer Persona Taste of Muskegon 2021 Ethnicity White Income $60K - $75K Sep 24, 2021 - Sep 25, 2021 Data provided by Placer Labs Inc. (www.placer.ai) Favorite Places Taste of Muskegon 2021 / Hackley Park Place Distance Customers 1 Lakes Crossing 6.27 mi 964 (8.2%) S Harvey St 2 Westshore Plaza 3.44 mi 852 (7.2%) E Sherman Blvd 3 Lakeshore Marketplace 5.68 mi 826 (7%) Harvey St 4 L.C. Walker Arena 0.16 mi 593 (5%) 4th St 5 Oakridge Middle School 7.27 mi 566 (4.8%) Hall Rd At least 1 visit | Sep 24, 2021 - Sep 25, 2021 Data provided by Placer Labs Inc. (www.placer.ai) Customer Journey Taste of Muskegon 2021 / Hackley Park Prior Post 45.6% 58.9% Home Home 16.6% 5.7% Other Other 2.8% 2.8% Racquets L.C. Walker Arena 446 W Western Ave, Muskegon, 49440, MI 955 4th St, Muskegon, 49440, MI 1.8% 2.4% St Paul's Episcopal Church Racquets 1006 3rd St, Muskegon, 49440-1206, MI 446 W Western Ave, Muskegon, 49440, MI 1.5% 2% Work Pigeon Hill Brewing Co. Taproom 500 W Western Ave, Ste 1, Muskegon, 49440, MI Sep 24, 2021 - Sep 25, 2021 Data provided by Placer Labs Inc. (www.placer.ai) Customer Journey: Routes - Prior Location Taste of Muskegon 2021 / Hackley Park From Prior Location | Sep 24, 2021 - Sep 25, 2021 Data provided by Placer Labs Inc. (www.placer.ai) Hourly Visits Taste of Muskegon 2021 / Hackley Park 7.5K 5K stisiV fo # 2.5K 0 12:00 am 02:00 am 04:00 am 06:00 am 08:00 am 10:00 am 12:00 pm 02:00 pm 04:00 pm 06:00 pm 08:00 pm 10:00 pm Est. # of Visits | Sep 24, 2021 - Sep 25, 2021 Data provided by Placer Labs Inc. (www.placer.ai) Daily Visits Taste of Muskegon 2021 / Hackley Park 9K 6K stisiV fo # 3K 0 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Est. # of Visits | Sep 24, 2021 - Sep 25, 2021 Data provided by Placer Labs Inc. (www.placer.ai) Length-Of-Stay Taste of Muskegon 2021 / Hackley Park Average Stay 3K 104 Min 2K stisiV fo # 1K 0 15 - 29 30 - 44 45 - 59 60 - 74 75 - 89 90 - 104 105 - 119 120 - 134 135 - 149 > 150 Length in minutes Est. # of Visits | Sep 24, 2021 - Sep 25, 2021 Data provided by Placer Labs Inc. (www.placer.ai) Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: Arena Event Support Submitted By: LeighAnn Mikesell Department: City Manager Brief Summary: City staff is requesting to formalize arena event financial support related to indoor arena football. Detailed Summary: The West Michigan Ironmen have hosted arena football games at Mercy Health Arena for six seasons. During that time, the events have brought in a diverse crowd that is more-representative of the City of Muskegon. In the past, City Commissioners and arena leadership have expressed significant support in hosting these events because doing so opens the arena to more city residents. The arena has historically charged the team $1,000 to rent the facility, including set up costs, security, ushers, box office, and misc. staff. The cost for the arena to provide these services is around $9,000. The city then uses ticket surcharges, concessions, parking, and other revenue areas to try and raise the remaining $8,000. On average, we have raised $3,000-$4,000. All sides see the value in continuing the events, but we would like to formalize the way the event is expensed. This will avoid making arena lease decisions in the future that are purely financially motivated – for example, charging more rent, finding a different renter, or cancelling the events. The proposal would keep the football team paying a $1,000 rental fee as well as a $3 ticket surcharge, with a minimum of 1,000 tickets sold. This would generate $4,000+ for each event. We are asking the city to create a formal subsidy of $5,000 to support the event. Typically, the city provides funding to the arena via an annual allocation to cover any losses in a lump sum. We have asked the arena’s new management to move the arena into a more profitable position to reduce the subsidy. To properly do this, it is likely the first events to be eliminated would be the events like this because of the financial burden. Using this model, the football events would no longer be a negative on the arena balance sheet. There should be no additional costs, as we would simply track this portion separately from the current transfer to the arena from the General Fund. Amount Requested: $25,000 Amount Budgeted: $0 Fund(s) or Account(s): 101 Transfers Out Fund(s) or Account(s): N/A Recommended Motion: to approve the recommended financial support for the arena football events at Mercy Health Arena. Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 4/12/2022 Title: Musketawa Trail project – Change Order #002 Submitted By: Joel Brookens Department: DPW, Engineering Brief Summary: Staff is requesting approval of Change Order #002 on the Musketawa Trail Connector project as the overall project has exceeded staff approval levels for change orders. Detailed Summary: The majority of Change Order #002 represents a design change from asphalt driveways to 8 inch thick concrete driveways. Staff recommends this change due to heavier truck loads that use the driveways. Change Order #002 requests a net increase to the project of $ 34,252.41 above the previously approved requests. This change order will result in the following final values for the project: As-Bid Cost = $ 518,602.35 Current Cost = $ 552,854.76 Net Change = $34,252.41 (6.60% Increase) Amount Requested: $34,252.41 Amount Budgeted: $650,000.00 Fund(s) or Account(s): 202-99118 Fund(s) or Account(s): 202-99118 Recommended Motion: Authorize staff to approve Change Orders #002 to Project 99118 in the amount of $34,252.41 for the additional work as noted. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: Contract Modification 3/31/2022 11:31 AM Michigan Department of Transportation FieldManager 5.3c Contract: 61000-208592, Hot mix asphalt shared use path. Cont. Mod. Revision Cont. Mod. Electronic Net Change Awarded Contract Amount Number Number Date File Created 2 3/31/2022 Yes $26,451.60 $518,602.35 Route Managing Office District Entered By City of Muskegon 03027 Joel Brookens Contract Location Port City Boulevard/Latimer Drive/Black Creek Road from Keat Short Description Add pay item to switch from steel reinforcement to fiber glass and 8 inch concrete driveways. Description of Changes A. Original Contract Amount: $518,602.35 B. Current Contract Value (including this revision): $552,854.76 C. Net Total Change (B-A): $ 34,252.41 D. Net Percent Change (C/A*100): 6.60% E. MDOT Oversight Project: Yes F. Revision Summary: This Contract Modification requires Tier II approval. There will be no extension of time. There will be no Traffic Control Adjustment allowed for this Contract Modification. In addition, authorization is requested to add the following extra pay items to the contract: Curb and Gutter, Conc, with BFRP Reinf, Det F4 2721 foot at $15.75 per foot = $ 42,855.75 Dr Structure, Tap, 12 inch 2 each at $500 per each = $1,000.00 Driveway, nonreinf Conc, 8 inch 512 SYD at $60.35 per SYD = $30,899.20 Total $ 74,754.95 By mutual agreement, these listed unit price costs are full compensation for all labor, equipment and materials necessary to construct these items of work in accordance with the 2012 MDOT Standard Specifications for Construction, contract Special provisions, MDOT Standard Plans and/or as directed by the Engineer. Increases / Decreases Item Prop. Proj. Quantity Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value Curb and Gutter, Conc, 8020038 0260 0260 208592A 0001 Original -2,721.000 Ft 15.75000 $-42,855.75 Det F4 Reason: switching to fiber glass re-bar HMA Approach 5010061 0230 0230 208592A 0001 Original -45.000 Ton 173.00000 $-7,785.00 Reason: Replaced with 8 inch concrete Contract: 61000-208592 Cont. Mod.: 2 Page 1 of 3 Contract Modification 3/31/2022 11:31 AM Michigan Department of Transportation FieldManager 5.3c Increases / Decreases Item Prop. Proj. Quantity Item Description Code Line Line Project Catg. Item Type Change Unit Unit Price Dollar Value PavtMrkg,WtRef,Type 8120245 0695 0695 208592A 0001 Extra 754.000 Ft 3.10000 $2,337.40 R, Tape,4 in,Wh,Temp Reason: extra traffic control was needed Total Dollar Value: $-48,303.35 New Items Item Prop. Proj. Proposed Item Description Code Line Line Project Catg. ItemType Quantity Unit Unit Price Dollar Value _ Curb and Gutter, 8027001 0700 0700 208592A 0001 Modified 2,721.000 Ft 15.75000 $42,855.75 Conc, with BFRP Reinf, Det F4 Reason: This item is being added to change from steel reinforcing bar to fiber glass reinforcement. The unit cost of this item is equal to the original bid pay item and therefore deemed reasonable. Dr Structure, Tap, 4030312 0705 0705 208592A 0001 Extra 2.000 Ea 500.00000 $1,000.00 12 inch Reason: Item was inadvertently left off plans. Unit cost price of $500.00 per each was deemed reasonable since the MDOT Weighted Average price report for the last 3 quarters of the Grand Region has an award unit cost price for this item between $360.00 to $519.12 per each. Driveway, Nonreinf 8010007 0710 0710 208592A 0001 Extra 512.000 Syd 60.35000 $30,899.20 Conc, 8 inch Reason: The original plans were for driveways to be replaced as HMA with a 6 inch concrete approach. Due to the heavier truck traffic of some of the locations within the industerial park, some of these drvieways should be replaced entirely of 8 inch concrete. Unit cost price of $60.35 per SYD was deemed reasonable, since the MDOT Weifhted Average price for the last 3 quarters has an award unit cost price for this item between $48.16 to $61.28 per SYD. Total Dollar Value: $74,754.95 Project / Category Summary Project/Category Federal Finance Control Project/Catg Description Number Project Status System Section Dollar Value 208592A Hot mix asphalt shared use 21A0562 MDOT Oversight NRT 61000 path and timber boardwalk. 0001 Road Work Federal 88%/City of Muskegon 12% $26,451.60 Total: $26,451.60 Total Net Change Amount: $26,451.60 Contract: 61000-208592 Cont. Mod.: 2 Page 2 of 3 Contract Modification 3/31/2022 11:31 AM Michigan Department of Transportation FieldManager 5.3c If authorized, the contractor agrees to do the work outlined above under the direction of the Engineer, and to accept as payment in full the basis of payment as indicated. Prime Contractor, you are authorized and instructed as the contractor to do the work described herein in accordance with the terms of your contract. Prime Contractor: Kamminga & Roodvoets, Inc. Recommended by Construction Engineer: Gregg Zack - Muskegon TSC Signature Date Signature Date Prepared by Project Engineer: Leo Evans Authorized by Managing Office Manager: Signature Date Signature Date Prepared by Consultant Project Manager: Authorized by Region Construction Engineer: Signature Date Signature Date Recommended by Local Agency: Authorized by Bureau of Field Services: Signature Date Signature Date Authorized by Airport Sponsor: Authorized by Airports Division: Signature Date Signature Date FEDERAL PARTICIPATION - ACTION BY F.H.W.A. ___Approved ___Not Eligible ___See Letter Dated _________ (Signature) (Date) FEDERAL PARTICIPATION - ACTION BY F.A.A. ___Approved ___Not Eligible ___See Letter Dated _________ (Signature) (Date) Contract: 61000-208592 Cont. Mod.: 2 Page 3 of 3 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: Community Relations Committee Recommendations Submitted By: Ann Marie Meisch Department: Clerk Brief Summary: To concur with the CRC recommendations to make appointment and removals s as stated below. Detailed Summary: The CRC recommends appointing Diane Snow to the Farmers Market Advisory Board – Seasonal Farmer – Term expiring 1/31/2025/ The CRC recommends removing Antionza Smith – Citizen representing Ward 2 – Term expiring 1/31/2024 from the Citizen’s District Council. Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: To concur with the recommendation of the CRC to accept the appointment to the Farmers Market Advisory Board, and removal of a citizen on the Citizen’s District Council. For City Clerk Use Only: Commission Action: Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: Industrial Facilities Tax Abatement Transfer – Lakeside Surfaces, LLC Submitted By: Mike Franzak Department: Planning Brief Summary: Pursuant to Public Act 210 of 2005, as amended, Lakeside Surfaces, Inc is requesting to transfer their Industrial Facilities Tax Abatement to a new entity, Lakeside Surfaces, LLC. The abatement was granted in 2017 for a length of 12 years. It will expire on December 30, 2029 and involved a $2,400,000 real property investment. Detailed Summary: Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To close the public hearing and approve the request to transfer the IFT to Lakeside Surfaces, LLC. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: Resolution No. _______ MUSKEGON CITY COMMISSION Transfer of Industrial Facilities Exemption Certificate No. 2017-116 for Lakeside Surfaces, LLC WHEREAS, pursuant to P.A. 198 of 1974, M.C.L. 207.551 et seq., after a duly noticed public hearing held on April 12, 2022, the City Commission by resolution established the Port City Industrial Development District; and WHEREAS, the City Commission approved an application from Lakeside Surface, Inc requesting an Industrial Facilities Exemption Certificate No. 2017-116 for real property investments located at 2265 Black Creek Rd; and WHEREAS, Lakeside Surfaces, LLC has filed an application for a transfer of Industrial Facilities Exemption Certificate No. 2017-116 with respect to real property investments of $2,387,666 for a New Facility located within the Port City Industrial Development District; and WHEREAS, the applicant, the Assessor, and a representative of the affected taxing units were given written notice of the transfer application and were offered an opportunity to be heard on said application; and WHEREAS, Lakeside Surfaces, LLC has substantially met all the requirements under Public Act 198 of 1974 for the transfer of Industrial Facilities Exemption Certificate No. 2017-116; and WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Muskegon, after granting this certificate, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; and NOW, THEREFORE, BE IT RESOLVED BY the City Commission of the City of Muskegon that: 1. The City Commission finds and determines that the granting of the transfer of an Industrial Facilities Exemption Certificate considered together with the aggregate amount of certificates previously granted and currently in force under Act No. 198 of the Public Acts of 1974 and Act No. 255 of the Public Acts of 1978, shall not have the effect of substantially impeding the operation of the City of Muskegon or impairing the financial soundness of a taxing unit which levies ad valorem property taxes in the City of Muskegon. 2. The application from Lakeside Surfaces, LLC for a transfer of Industrial Facilities Exemption Certificate No. 2017-116, with respect to a New Facility on the following described parcel of real property situated within the Port City Industrial Development District to wit: (Legal Description) be and the same is hereby approved. 3. The Industrial Facilities Exemption Certificate when issued shall remain in force for the remaining years approved under Industrial Facilities Exemption certificate No. 2017-116 with an end date of (12/30/2029). Adopted this 12th Day of April 2022. Ayes: Nays: Absent: BY: __________________________________ Ken Johnson Mayor ATTEST: __________________________________ Ann Meisch Clerk CERTIFICATION I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on April 12, 2022. ______________________________ Ann Meisch Clerk Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: 2022 Annual Action Plan Hearing Submitted By: Oneata Bailey Department: Community and Neighborhood Services Brief Summary: Hearing concerning the 2022 Annual Action Plan Detailed Summary: Community and Neighborhood Services department has submitted a proposed plan for activities/programs for CDBG and HOME allocations to be received from the Housing and Urban Development (HUD) Community and Planning Development (CPD) office for the 2022 funding year. HUD funding amounts have not been determined, however, the Hearing is used to provide the public with a plan of action and receive comments. https://www.muskegon-mi.gov/cresources/Proposed%20Action%20Plan%202022.pdf A 30-day public comment period is open until April 30, 2022. Amount Requested: None Amount Budgeted: None Fund(s) or Account(s): CDBG/HOME Fund(s) or Account(s): CDBG/HOME Recommended Motion: Conduct a Hearing of the 2022 Action Plan for public comments. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action Agenda Item Review Form Muskegon City Commission Commission Meeting Date: April 12, 2022 Title: Amendment to the Ride Muskegon Agreement Submitted By: LeighAnn Mikesell Department: City Manager’s Office Brief Summary: City staff corrected some language and included the necessary exhibits in the operating agreement with Ride Muskegon, LLC and are seeking approval. Detailed Summary: Once the exhibits were updated to reflect language specific to Muskegon, it was discovered that some exhibits were not applicable, and certain paragraphs in the approved agreement were no longer needed. Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A Recommended Motion: Approve the amendment to the agreement and authorize the mayor and clerk to sign. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: OPERATING AGREEMENT RIDE MUSKEGON & CITY OF MUSKEGON TABLE OF CONTENTS I. DEFINITIONS ......................................................................................................................... 3 II. TERM AND RENEWAL ....................................................................................................... 4 III. USE OF PREMISES .............................................................................................................. 4 A. Approvals .................................................................................................................. 4 B. Municipal Authorization ........................................................................................... 5 C. State Law................................................................................................................... 5 IV. SERVICES ............................................................................................................................. 5 A. Establishing Goals .................................................................................................... 5 B. Location of Fleet ....................................................................................................... 5 C. Hours ................................................................................................................... 5 D. Tracking Error! Bookmark not defined. V. EQUIPMENT .......................................................................................................................... 6 A. Installation of Shared-Mobility Devices ................................................................... 6 B. Application and Web Page........................................................................................ 6 C. Usage ................................................................................................................... 6 D. Maintenance by Operator .......................................................................................... 6 E. Removal by Muskegon ............................................................................................. 6 F. Standards ................................................................................................................... 6 G. Equipment Specifications, Maintenance, and Security............................................. 6 VI. OPERATIONS....................................................................................................................... 7 A. Support ................................................................................................................... 7 B. Business Operation ................................................................................................... 7 C. Customer Service ...................................................................................................... 7 D. Staffing ................................................................................................................... 8 E. Public Outreach ......................................................................................................... 8 F. Non-discrimination. .................................................................................................. 8 G. Advertising Policies .................................................................................................. 8 VII. USER FEES .......................................................................................................................... 8 A. Responsibility. .......................................................................................................... 8 B. Payment Methods ...................................................................................................... 8 VIII. GENERAL OPERATIONAL CONDITIONS ON USE ................................................. 9 A. Safety ................................................................................................................... 9 B. Protocols ................................................................................................................... 9 C. Training ................................................................................................................... 9 D. Speeds ................................................................................................................... 9 E. Bicycle and Scooter Parking ..................................................................................... 9 IX. LOCATIONAL RESTRICTIONS .................................................................................... 10 A. Out of Hub Fee ........................................................................................................ 10 B. Out of Area Fee. ...................................................................................................... 10 C. Restricted Usage...................................................................................................... 10 D. Operator’s Response ............................................................................................... 10 E. Geofencing .............................................................................................................. 10 X. DATA ..................................................................................................................................... 10 A. Collection ................................................................................................................ 10 B. Sharing ................................................................................................................. 10 C. Privacy ................................................................................................................. 11 XI. COOPERATION AND DESIGNATED PARKING ZONE RESTRICTIONS ............ 11 A. Good Faith Dealings ............................................................................................... 11 B. Designated Parking Zone Usage Restrictions ......................................................... 11 XII. TERMINATION ................................................................................................................ 11 A. Breach by Operator ................................................................................................. 11 B. Breach by Muskegon .............................................................................................. 11 C. Voluntary by Operator or Muskegon ...................................................................... 12 XIII. CONDITION ON TERMINATION ............................................................................... 12 XIV. INTELLECTUAL PROPERTY ..................................................................................... 12 XV. MARKS ............................................................................................................................... 12 XVI. REPRESENTATIONS AND WARRANTIES............................................................... 12 A. Operator ................................................................................................................ 12 B. Muskegon ................................................................................................................ 13 XVII. INSURANCE ................................................................................................................... 13 A. Carrier ................................................................................................................. 13 B. Certificate of Insurance .......................................................................................... 13 C. Additional Insured .................................................................................................. 13 D. Cancellation ............................................................................................................ 13 E. Insurance Coverages ............................................................................................... 13 (1) Commercial General Liability Insurance ..................................................... 13 (2) Workers Compensation ................................................................................ 14 (3) Employers’ Liability Insurance .................................................................... 14 (4) Commercial Business Automobile Liability Insurance ................................ 14 (5) Commercial Umbrella Liability Insurance ................................................... 14 (6) Application to Others.................................................................................... 14 (7) Maintaining Coverage .................................................................................. 15 (8) Continuing Obligation .................................................................................. 15 XVIII. INDEMNIFICATION ................................................................................................... 15 XIX. LIMITATION OF LIABILITY ...................................................................................... 15 XX. DAMAGE TO PROPERTY .............................................................................................. 16 XXI. TAXES ............................................................................................................................... 16 XXII. FORCE MAJEURE ........................................................................................................ 16 XXIII. DEFAULT ...................................................................................................................... 16 XXIV. SURCHARGES .............................................................................................................. 17 XXV. NOTICES AND REPRESENTATIVES ....................................................................... 17 XXVI. GENERAL PROVISIONS............................................................................................ 17 A. Assignment ............................................................................................................. 17 B. Binding Effect ......................................................................................................... 17 C. Caption ................................................................................................................. 17 D. Counterparts ............................................................................................................ 18 E. Entire Understanding .............................................................................................. 18 F. Extinguishment and Replacement........................................................................... 18 G. Modification ............................................................................................................ 18 H. Independent Counsel—Costs .................................................................................. 18 I. Interpretation ........................................................................................................... 18 J. Waiver ................................................................................................................. 18 K. Registration ............................................................................................................. 18 L. Severability ............................................................................................................. 18 M. Survival of Certain Terms. ...................................................................................... 19 N. No Third-Party Beneficiaries .................................................................................. 19 O. Public Records ........................................................................................................ 19 P. Attorney’s Fees ....................................................................................................... 19 XXVII. RELATIONSHIP ......................................................................................................... 19 XXVIII. ATTACHMENTS ....................................................................................................... 19 Attachment A: Notice to Proceed with E-scooters and E-bikes....................................... 20 Attachment B: Key Performance IndicaFEtors ............................................................... 21 Attachment C: User Fees ................................................................................................. 22 Attachment D: Certificate of Insurance ........................................................................... 23 Attachment E: Approved locations for Shared-Mobility Devices and Shared-Mobility Services ................................................................................................... 24 OPERATING AGREEMENT This Operating Agreement (“Agreement”) is made by and between Ride Muskegon, LLC, a Michigan limited liability company (“Operator”), and the City of Muskegon, Michigan (“Muskegon” and together with Operator, collectively, “Parties,” or each a “Party”). The Parties agree to the terms and conditions of this Agreement. RECITALS WHEREAS, the Parties agree to the following: A. That authority to enter into this Agreement and, each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations, have been duly authorized. B. The Parties acknowledge that the mutual promises and covenants contained herein, and other good and valuable consideration are sufficient and adequate to support this Agreement. C. Muskegon is a municipality incorporated under the laws of Michigan and has jurisdiction over the operations conducted within its municipal boundaries. D. A goal of Muskegon is to provide safe and affordable multi-modal transportation options to all residents, reduce traffic congestion, and maximize carbon free mobility; E. Scooter share and other Shared-Mobility devices, products, and services are a component to help Muskegon achieve its transportation goals and Muskegon’s desires to make scooter share and related Shared-Mobility services available to residents and employees; F. Operator is a qualified provider of electronic scooters (“e-scooters”) and other shared electronic mobility devices, products, and services and proposes to operate a scooter share and Shared-Mobility program within Muskegon; G. Operator requests the non-exclusive use of Muskegon streets, sidewalks, and public ways to provide e-scooter and other electronic Shared-Mobility services efficiently and effectively; and H. The use of Muskegon streets, sidewalks, and public ways for e-scooter share and other Shared-Mobility Devices is a benefit to the residents and businesses of Muskegon. I. That the purpose of this Agreement is to establish the terms and conditions relating to Operator’s operation of e-scooter and other electronic Shared-Mobility services (“Shared- Mobility Services”) in the jurisdictions that make up Muskegon. THEREFORE, in consideration of the foregoing and the acceptance of all response, verbal and written, submitted by Operator, hereby incorporated by reference, and intending to be legally bound, the Parties enter into an Agreement for Shared-Mobility Services as follows: 2 Operating Agreement - final - 3.31.22 I. DEFINITIONS The following terms will be construed and interpreted as follows: A. “Effective Date” means the date on which this Agreements is fully approved and executed, as shown by the final signature on the signature page of this Agreement. B. “Intellectual Property” means Operator’s Shared-Mobility Devices and other equipment, all materials and Marks prepared by Operator or its Affiliates in connection with this Agreement, copyrights, software, patents, patent applications and patent disclosures and inventions (whether patentable or not), all know-how, show-how and confidential information related to any of the foregoing, and together with all of the moral rights in and goodwill associated therewith, derivative works, corrections, enhancements, updates, modifications, tangible or intangible proprietary information, rights to apply for registration, except for any confidential information of Muskegon. C. “Marks” means trademarks, service marks, trade secrets, trade dress, trade names, logos, taglines, corporate names and domain names, insignia, and symbols or decorative signs. D. “Operating Area” means the designated jurisdictional boundaries of Muskegon where Shared-Mobility Devices are authorized to be operated by users. E. “City Property” means property owned, leased, or controlled by the City of Muskegon, including but not limited to public right of way, easements, city and regional parkland, and green space surrounding City-owned Buildings. F. “Shared-Mobility Devices” means e-bikes, e-scooters, and additional related products provided by Operator to Muskegon approved and agreed to by the Parties in this Agreement. G. “Shared-Mobility Services” means all e-scooter and other electronic Shared- Mobility services provided by Operator to Muskegon approved and agreed to by the Parties in this Agreement. H. “Designated Parking Zone” is a space located in the public right-of-way specifically identified by City of Muskegon for parking Shared-Mobility Devices between trips, which will not be used by any other company or Competitor, except for Operator, during this Agreement. Muskegon reserves the right to change the “Designated Parking Zone” on sixty (60) days’ written notice, or as otherwise mutually agreed upon between the Parties in writing. I. “Term” means collectively the Initial Term, and any potential Renewal Terms. J. “Service Area” means the area within Muskegon’s municipal boundaries. K. “E-Scooter” is defined as an electric skateboard, which includes a stand-on scooter with an electric motor per Michigan Vehicle Code Act 300, 257.660 (MCL 257-660). 3 Operating Agreement - final - 3.31.22 L. “Electric Assist Bicycle” is defined as a bicycle equipped with an electric motor that provides assistance only when the rider is pedaling and disengages or ceases to function when the bicycle reaches a speed of twenty (20) miles per hour per Michigan Vehicle Code, Act 300, 257-13e (MCL 257-13e). M. “Transit Zone” means any portion of a street, sidewalk, or other area intended for use of transit vehicles or patrons, including bus stops, bus platforms, transit shelters, passenger waiting areas, and bus layover and staging zones. N. “Competitor” is defined as any person or entity that engages in any business, trade, or similar operation to the type of business conducted by Operator within the Operating Area and also competes with Operator in the Operating Area. Notwithstanding the foregoing, Lake Effect Sport, LLC, a Michigan limited liability company (“Lake Effect”), will not be classified as a Competitor regarding any current or future agreement between Lake Effect and Muskegon concerning mobility devices owned by Lake Effect and offered for rent to and usage by their customers. Accordingly, in the event Lake Effect and Muskegon enter into an agreement similar to this Operating Agreement, Lake Effect’s use of designated parking zones specifically identified under such prospective agreement that are located on City Property within the Service Area will not be subject to the restrictions and terms and conditions as contained in Article XI during the term or any renewal term of this Agreement. II. TERM AND RENEWAL A. Initial Term. This Agreement and the Parties respective performance will commence on the Effective Date and continue for a period of five (5) years from the Effective Date (“Initial Term”), unless sooner terminated as provided herein. Upon expiration of the Initial Term, this Agreement will automatically renew for up to four (4) additional five (5) year periods (each five (5) year period is a “Renewal Term”) unless either Party provides written notice to the other Party of its election not to renew no later than one hundred twenty (120) days prior to the expiration of the Initial Term or a Renewal Term. III. USE OF PREMISES Subject to the conditions of this Agreement, Muskegon hereby grants Operator a license to operate and provide the services and products described herein within its jurisdiction and to access designated locations approved by Muskegon for the purpose of installing, establishing, and maintaining docking stations, Shared-Mobility Devices and Services. This license is subject to the following conditions: A. Approvals. Operator will obtain all required federal, state, and local licenses and permits necessary to perform the services. Operator will maintain good standing and comply with all required federal, state, municipal and local laws, regulations, rules, and ordinances. If any governmental restrictions are imposed on Operator that would necessitate alteration of the performance of the services offered by Operator under this Agreement, Operator will immediately notify Muskegon and will work with Muskegon in good faith to modify the services in a way to comply with such restriction but also maintains the essence of this Agreement. 4 Operating Agreement - final - 3.31.22 B. Municipal Authorization. Operator acknowledges that it may be required to obtain additional approvals from Muskegon to conduct certain aspects of its services, including establishing docking stations in the public right of way. Muskegon agrees to assist Operator, as appropriate, with navigating its approval procedures to obtain required licenses, permits, authorizations, approvals, licenses, or consents. Notwithstanding this commitment, Muskegon cannot guarantee approval of any application or request of Operator and nothing in this Section will be interpreted to do so. Furthermore, if such authorization cannot be obtained, the Agreement will not become binding on Operator and neither Party will be held liable for such failure. C. State Law. The Parties acknowledge that use of the Shared-Mobility Devices is subject to the laws of the State of Michigan. To the extent legislative efforts are needed at the state level, Operator will be solely responsible for all such efforts that may be necessary. IV. SERVICES A. Establishing Goals. Fleet size and service areas will be based on reasonable goals. Parties will work together to create and update goals based on data and usage. Operator will comply with all reasonable requests to deploy, establish, and maintain Shared-Mobility Devices and Services, throughout the jurisdiction of Muskegon, based on the goals set by the Parties subject to the conditions contained in this Agreement. Both Parties acknowledge that during a global pandemic which has created great uncertainty in the production and movement of products throughout the world. It is acknowledged that the project goals above are subject to change. Therefore, Parties will provide written notice if a goal will not be achieved and such failure to achieve a goal will not be considered a breach of this Agreement. B. Location of Fleet. Operator will decide how to distribute Shared-Mobility Devices within the Service Area after consultation with Muskegon and its appropriate municipal departments to ensure reasonable distribution. Operator will only locate Shared-Mobility Devices once written approval has been given by Muskegon’s appropriate departments (which will be identified and disclosed by Muskegon to Operator contemporaneously with executing this Agreement, or within a reasonable amount of time thereafter). Once a location has been approved in writing it will be attached to this Agreement as Attachment E and updated as needed. C. Hours. Operator will provide a safe, clean, and accessible system that allows public access and use of Shared-Mobility Devices and docking stations twenty-four (24) hours per day, seven (7) days a week, unless weather inhibits use of Operator’s system for any period of time, in accordance with Attachment B, “Key Performance Indicators.” 5 Operating Agreement - final - 3.31.22 V. EQUIPMENT Operator will provide the following equipment on or before the date on which the Shared- Mobility Devices are deployed as required by this Agreement: A. Installation of Shared-Mobility Devices. Operator will supply, install, deploy, establish, and maintain the quantity of e-bikes, and e-scooters as needed by Muskegon. B. Application and Web Page. Operator will establish a downloadable mobile application where users can order services and obtain information. Operator will make the mobile application available for download in Apple iOS and Android so that customers may download the mobile application to their mobile devices and register for an account, subject to their acceptance of the end user license agreement and other legal notices related to the mobile application. Operator will make the mobile application available for use in connection with use of the Shared- Mobility Devices, including unlocking a Shared-Mobility Device from a docking station. C. Usage. Operator will have all necessary software and technology to be able to monitor customer usage of Operators equipment and to make adjustment to quantities of Shared- Mobility Devices at applicable docking stations. D. Maintenance by Operator. Operator will maintain its Shared-Mobility Devices, docking stations, mobile application, web page, and all software and technology in good working order in accordance with the key performance indicators set forth in Attachment B, including routine and necessary maintenance and repairs. E. Removal by Muskegon. If an area in proximity to a property owned by Operator requires maintenance, is the location of an event, or otherwise requires access by an agent of Muskegon, Muskegon may, with seven (7) day’s advance written notice to Operator, require the Operator to move its property. Such relocation may be temporary or permanent; if permanent, Muskegon will work in good faith with the Operator to find a replacement location. Such relocation will be at the Operator’s expense. If Muskegon is forced to move Operator’s property, Muskegon will not be liable for any resulting damage to this property. F. Standards. All Shared-Mobility Devices will comply with all safety standards established by the United States Consumer Product Safety Commission and any other standard established under federal, state, and local law. G. Equipment Specifications, Maintenance, and Security. Operator will ensure that: (1) All scooters must meet the requirements for lighting equipment set forth in Michigan Vehicle Code 257.662. (2) All bicycles and scooters must be powered by electric motor (internal combustion engines are not permitted). (3) Each bicycle and scooter must have a unique identifier, such as a number visible to the user of the bicycle and scooter. (4) All bicycles and scooters must include on-board GPS capabilities to ensure Operator’s ability to locate and retrieve bicycles and scooters at any time as needed. (5) Each bicycle and scooter must be maintained in a safe and operable 6 Operating Agreement - final - 3.31.22 condition, and any bicycles or scooters deemed to be inoperable or unsafe must be immediately made unavailable for use and removed from city property. (6) Operator will have the ability to remotely lock or disable any Shared- Mobility Device deemed unsafe by either Party. Operator will remotely lock or disable any unsafe Shared-Mobility Device upon request by Muskegon. (7) Operator must provide customers and city staff with a twenty-four (24) hour customer service phone number and electronic communication method(s) for reporting safety or maintenance issues with Shared-Mobility Devices, or to ask questions or register complaints. (8) All Shared-Mobility Devices and equipment used by Operator in connection with this Agreement, unless otherwise expressly set forth in this Agreement, will remain the property of Operator, and will at no time be deemed a fixture or property belonging to Muskegon or any other party. Any equipment belonging to Muskegon used in connection with this Agreement, unless otherwise expressly set forth in this Agreement, will remain the property of Muskegon. The Parties will not directly or indirectly cause or create any mortgage, pledge, lien, charge, security interest, claim or other encumbrance on or with respect to such equipment. (9) Operator will require its users to acknowledge and accept the applicable laws for operation of bicycles and scooters in the city of Muskegon and as required in MCL Article 257, Sections 642(1), 648, 656, 662, 676, 679, 69, and 79 and any applicable City of Muskegon Ordinance and require that users comply with these laws prior to use. (10) Operator must require its users to acknowledge and accept that the customer will not use the bicycles or scooters in a manner that is illegal, reckless, or in a manner that endangers others. VI. OPERATIONS A. Support. Operator will provide ongoing support, training, parts, and other agreed upon services and actions for its local operational personnel to ensure continued access and enjoyment by users without interruption. B. Business Operation. Operator will be solely and exclusively responsible for system operations, maintenance, collection of fees and revenues, and promotion of products. Muskegon acknowledges and agrees that Operator may, at its sole discretion, use subcontractors and consultants to perform some or all of the services or provide devices under this Agreement. In the event Operator utilizes subcontractors or consultants to perform any services or provide any of the devices, Operator will remain responsible under this Agreement. C. Customer Service. Operator will maintain a call center that can be accessed by the public by phone or electronically. Operator will sufficiently staff such facilities and provide all tools, parts, training, supplies, and equipment to ensure the highest level of customer service with minimum response time waits. 7 Operating Agreement - final - 3.31.22 D. Staffing. Operator will maintain qualified personnel and ensure adequate staffing to respond to customer demands, including staffing for expected large-scale community and college events. Operator will employ sufficient staff, contractors, and vendors in number and skill to be capable of providing the services. E. Public Outreach. At the request of Muskegon, Operator may have a designated representative attend Muskegon-led public events and meetings as decided at the sole discretion of Operator. F. Non-discrimination. Operator, for itself, its successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of race, color, national origin, veteran status, gender, sexual orientation, disability, or any other protected class will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of any of its services. G. Advertising Policies. If Operator desires to advertise on its equipment, any advertisements must be pre-approved by Muskegon, and meet local and state advertising regulations before they are installed or otherwise displayed. Such requests to Muskegon must either be approved or denied in writing within twenty-one (21) business days of any written request by Operator and, if Muskegon does not timely provide its decision, the advertisement will be deemed approved for use. Operator agrees to abide by Muskegon’s advertising restrictions related to advertisements and understands that Muskegon will have a right to review in advance, monitor and or disallow all advertising that Operator proposes to install or display, in its sole discretion. Muskegon will have the right to request, in writing, the removal of any advertising and Operator will have twenty-one (21) business days to comply with the written request. Muskegon will not be entitled to any revenue generated from advertising under this Agreement. VII. USER FEES In addition to any other fees required under this Agreement, Operator may establish, charge, and collect user fees from customers for the use of Operator’s e-bikes and e-scooters (“User Fees”), subject to the following conditions: A. Responsibility. Operator will be solely responsible for processing and handling all payments, fees, penalties, or other monetary transactions by users of the system. B. Payment Methods. Operator’s system will be designed to automatically complete financial transactions entered with data input at its mobile application. 8 Operating Agreement - final - 3.31.22 VIII. GENERAL OPERATIONAL CONDITIONS ON USE A. Safety. Operator will require any user renting its Shared-Mobility Devices to have read and acknowledged reading safety requirements and conditions of use. Operator and Muskegon will work together to identify such safety requirements and conditions of use, but at a minimum, such conditions will include informing the user that a helmet should be used for the operation of Shared-Mobility Devices, speed limitations for such devices, and location restrictions for such devices. User’s injury or violation of any applicable law or sanctions for any illegal or improper use of bicycles or scooters including, but not limited to, parking violations, will not constitute Operator’s failure to notify users of all applicable laws, codes, ordinances, and safety guidelines as required under this Agreement. B. Protocols. Operator will develop and maintain protocols that can be utilized for handling extreme weather events, emergency situations, extraordinary events, and maintenance activities. These protocols will be made available to Muskegon upon request. C. Training. Operator will develop and provide at least one training/educational class at a location, to be determined by Muskegon, demonstrating how to access and use Shared- Mobility Devices and Shared-Mobility Services. Operator will report back to Muskegon on attendance and engagement for the training upon completion. Operator will work with Muskegon to develop and implement a marketing and outreach plan for the training class. D. Speeds. Subject to further restrictions under this agreement, Operator will ensure that the maximum operating speed for the electric function of Shared-Mobility Devices does not exceed twenty (20) miles per hour for e-bikes and fifteen (15) miles per hour for e-scooters and will work with Muskegon to implement speed restriction zones where necessary. E. Bicycle and Scooter Parking. Muskegon, at its own discretion, may support the Shared-Mobility Services and Shared-Mobility Devices with the installation of racks and or Designated Parking Zones in Muskegon to assist with the orderly parking of Shared-Mobility Devices throughout the Service Area. The decision to undertake such action, and the decision as to where such racks or parking areas will be located will be negotiated in good faith and reasonableness between the Operator and Muskegon. 9 Operating Agreement - final - 3.31.22 IX. LOCATIONAL RESTRICTIONS A. Out of Hub Fee. Operator will charge a user a minimum fee of Five Dollars ($5.00) starting with each user’s second occurrence for failing to park a Shared-Mobility Device in an approved designated structural or Designated Parking Zone under this Agreement. B. Out of Area Fee. Operator will charge a user an Operator-determined fee for leaving a Shared-Mobility Device in a location outside the Operating Area. C. Restricted Usage. Operator will ensure that the electronic assist function of any Shared-Mobility Device that operates outside the Operating Area is automatically disabled once the Shared-Mobility Device leaves the Operating Area. D. Operator’s Response. Operator will include contact information on each Shared- Mobility Device where complaints can be received. Operator will also include information about how complaints can be reported to Operator when Shared-Mobility Devices are accessed. If Operator receives a complaint that any Shared-Mobility Device has been improperly parked or not docked to a designated structural or virtual docking station, Operator will respond to the complaint, remove the Shared-Mobility Device from its current location, and return the Shared-Mobility Devices to an appropriate structural or virtual docking station within a reasonable amount of time. E. Geofencing. Muskegon reserves the right to mandate Operator use geofencing or other in-app methods to prohibit parking, using, or locking scooters in specified areas, and or to direct users to specified parking areas, to make such request, Muskegon must document in writing how such geofencing measures are necessary for the public health, safety, and welfare of Muskegon. Operator will also use geofencing or other in-app methods to limit speed of bicycles and scooters in designated areas. Operator will comply with any geofencing requirements within five (5) business days of a written request made by Muskegon or any of its respective municipal departments. X. DATA A. Collection. Operator will make its best efforts to collect data related to the use of its Shared-Mobility Devices. Such data may include the number of users, number of trips, trip origin/destination and routes, trip time, trip mileage, docking station usage, devices in service, operable devices, and other data related to the key performance indicators set forth in Attachment B. Such data may also include carbon impacts, calories burned, and money saved. Operator will use reasonable efforts to also collect real time data on the location of Shared-Mobility Devices, maintenance status, customer complaints, response times, aggregate system use, crashes, damaged/lost vehicles, fee collection/revenue. All data collected, including GPS tracking, will be based upon information collected from the Shared-Mobility Devices and not from a user’s phone. Operator may provide users with user surveys only if surveys are “opt-in” and all survey questions are approved by Muskegon prior to use. B. Sharing. Within seven (7) days of receipt of a written request by Muskegon or any of this respective municipal departments, Operator will provide Muskegon with data collected pursuant to this Section during the term of this Agreement. I n a d d i t i o n , Operator will also supply data on request for special projects, as part of transportation and infrastructure planning, and any other reasonable requests. Data will be provided in MDS format, or another compatible 10 Operating Agreement - final - 3.31.22 or requested format, to Muskegon and any other third party approved by Muskegon. Muskegon retains the right to request aggregated reports on system use, compliance, and operations in other available formats (.csv, .excel, or similar), if such request are deemed reasonable. At a reasonable expense and effort on behalf of Operator, Shared data will be anonymized to be available to the public for use in applications not affiliated with Operator or Muskegon. C. Privacy. Operator will use its best efforts to keep all data collected anonymous and not collect personally identifiable information so that such data may be disseminated to the public and not for use in third-party applications. Operator will provide each user with a clear and upfront description of data collected to users to ensure that the user fully understands and agrees to data collection. This will include a clear identification of data collected while using Operator’s website and or mobile application. To protect the user’s privacy interest, Operator will not include any provision requiring a user to agree that personally identifiable information may be shared with third parties. Operator will not include any provision requiring a user to agree to data sharing from a user’s personal device to use Operator’s services. Rather, Operator will include an opt-in function for access and data collection from a user’s personal device. XI. COOPERATION AND DESIGNATED PARKING ZONE RESTRICTIONS A. Good Faith Dealings. Muskegon agrees that Operator will provide Shared- Mobility Services and Shared-Mobility Devices within the Service Area or Operating Area during the term of this Agreement. Muskegon will make all reasonable and good faith efforts, and to the best and fullest extent of Muskegon’s ability, to coordinate with Operator to ensure that all required resources are made available to Operator. B. Designated Parking Zone Usage Restrictions. During the term of this Agreement, Muskegon agrees not authorize any other person, company, Competitor, or any similarly defined individual or entity, to use any Designated Parking Zone, or similarly defined parking space, located on City Property and within the Operating Area, within five hundred (500) feet of a Designated Parking Zone used by Operator. XII. TERMINATION A. Breach by Operator. Muskegon may terminate its participation in this Agreement due to a material breach of Operator by providing written notice to Operator and giving Operator thirty (30) days to correct the breach. If Operator fails to correct the breach to the satisfaction of Muskegon within thirty (30) days of Operator’s receipt of the notice, Muskegon may terminate its participation in this Agreement immediately. B. Breach by Muskegon. If Muskegon commits a material breach of this Agreement, Operator may terminate its responsibilities to Muskegon under this Agreement by providing notice to Muskegon and give Muskegon sixty (60) days to correct the breach. If Muskegon fails to correct the breach to the satisfaction of Operator within sixty (60) days, Operator may immediately terminate its obligations to Muskegon. 11 Operating Agreement - final - 3.31.22 C. Voluntary by Operator or Muskegon. Operator may voluntarily terminate this Agreement by providing Muskegon ninety (90) days’ written notice prior to the desired termination date. After December 31, 2023, Muskegon may voluntarily terminate this Agreement by providing Operator ninety (90) days’ written notice prior to the desired termination date. XIII. CONDITION ON TERMINATION Upon expiration or termination of this Agreement, Operator will remove all Shared- Mobility Devices, docking stations, and any other equipment within thirty (30) days and return the applicable premises to the same condition as it existed prior to this Agreement, unless otherwise agreed to in writing with Muskegon. XIV. INTELLECTUAL PROPERTY All rights in Operator’s Intellectual Property related to the services provided under this Agreement, are and will be owned by Operator (or, in certain instances, by its Affiliates), and not by Muskegon. Operator hereby grants Muskegon a limited license to use all such Intellectual Property rights solely in connection with the services during the term, free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sub licensable, fully paid-up, and royalty-free basis, to the extent necessary to enable Muskegon to make reasonable use of the services. Muskegon acknowledges and agrees that other than as expressly provided herein, nothing in this Agreement will be construed as Operator directly or indirectly, selling, leasing, licensing, pledging, sublicensing, lending, encumbering or otherwise transferring any of the foregoing Intellectual Property rights other than in connection with the services. XV. MARKS No Party grants to the other Party any right in or license to use such Party’s Marks, other than as expressly set forth in this Agreement. Any signage or communication containing a Party’s Marks must be approved by that Party, in advance. XVI. REPRESENTATIONS AND WARRANTIES A. Operator. Operator represents and warrants that (a) it is duly authorized to do business by the State of Michigan; (b) it has the lawful power to engage in the business it presently conducts and contemplates conducting, and is not party to any investigation, proceeding or action by any governmental authority which may materially affect its ability to effectuate its obligations under this Agreement and, in the event that it becomes such a party, will immediately notify Muskegon of such investigation, proceeding or action; (c) it has the authority to execute and carry out this Agreement and to perform its obligations hereunder, and has obtained all necessary authorizations in connection therewith; (d) it has obtained and will obtain from time to time any and all licenses, permits or other approvals required under applicable law, which license, permits or other approvals will be kept current at all times throughout the Term; (e) the execution, delivery and performance of under this Agreement will not conflict with, result in the breach of, constitute a default under or accelerate performance required by its constituent documents or internal regulations, any applicable law or any material covenant, agreement, understanding, decree, judgment, indenture, instrument or order to which it is a party or by which it or any of its properties or assets is bound or affected; and (f) it will comply with all applicable law related to this 12 Operating Agreement - final - 3.31.22 Agreement and will cooperate fully with Muskegon in complying with such applicable law. B. Muskegon. Muskegon represents and warrants that they are the governmental authority with jurisdiction over its respective premises, that they have obtained all necessary approval and possess the legal authority to enter into this Agreement, and have taken all actions required by its procedures, by-laws, or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement and to bind themselves to its terms. XVII. INSURANCE Prior to the Effective Date of this Agreement, Operator will obtain insurance coverage meeting each requirement and condition set forth herein. A. Carrier. Operator will obtain insurance coverage from an insurance company registered and licensed to do business in the State of Michigan and having an A.M. Best insurance rating of at least A- financial size category VIII or better by the latest Best Insurance Report or has an analogous rating from a comparable rating service approved by Muskegon. B. Certificate of Insurance. Proof of insurance and compliance with all requirements in this Section XVII should be evidenced on a certificate of insurance reasonably acceptable to Muskegon, incorporated herein as Attachment C (“Certificate”). The Certificate will, at a minimum, contain the following: (1) authorized agent information; (2) insured information; (3) insurance company information; (4) description of policies, including coverage types and amounts; (5) policy number(s) and period(s); (6) limits of liability; (7) Muskegon’s information as additional insured and Certificate holder; and (8) cancellation information. The Certificate of insurance must be received by Muskegon prior to or contemporaneously with the Effective Date of this Agreement. C. Additional Insured. Each required insurance policy (except for workers’ compensation) will name Muskegon as an additional insured and loss payee. D. Cancellation. All Certificates will contain a provision stating that the coverages afforded under said policies will not be cancelled, materially changed, or not renewed without at least thirty (30) days written prior notice to Muskegon, or fifteen (15) days for non-payment. The policies will not be subject to invalidation as to any insured by reason of any act or omission of another insured or any of its officers, employees, agents, or other representatives, and will contain a clause to the effect that such policies and the coverage evidenced thereby will be primary with respect to any policies carried by Muskegon, and that any coverage carried by Muskegon will be excess insurance. E. Insurance Coverages. During the term of this Agreement, Operator agrees to purchase and maintain the following types of insurance coverages, consistent with the policies and requirements of Muskegon and provide evidence of continuing coverage to Muskegon: (1) Commercial General Liability Insurance. Operator will procure Commercial General Liability Insurance, on an occurrence form, providing all major divisions of coverage, including but not limited to: (1) Premises Operations; (2) Products and Completed Operations; (3) Personal Injury and Advertising liability; (4) Fire legal liability. The Commercial General Liability Insurance will provide the following 13 Operating Agreement - final - 3.31.22 minimum limits: General Aggregate: $2,000,000 Products-Completed Operations $2,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $1,000,000 Damage to Rented Premises $250,000 Med. Expense (Any one person) $5,000 (2) Workers Compensation. Operator will provide Workers’ Compensation coverage in accordance with the statutory limits as established by the State of Michigan and with a minimum limit for employer’s liability no lower than the following: Bodily Injury by Accident – $500,000 each accident; Bodily Injury by Disease – $500,000 each employee. Operator will require all contractors and subcontractors performing work on its behalf under this Agreement to obtain an insurance certificate showing proof of Workers’ Compensation coverages and Operator will require that all subcontractors submit certificates of such insurance to Muskegon prior to performing. (3) Employers’ Liability Insurance. Operator will also maintain Employers’ Liability Insurance Coverage with limits of at least: Bodily Injury by Accident: $500,000 each accident Bodily Injury by Disease: $500,000 policy limit $500,000 each employee (4) Commercial Business Automobile Liability Insurance. Operator will provide Commercial Business Automobile Liability Insurance, which will include coverage for bodily injury and property damage liability arising from the operation of any owned, non-owned, or hired automobile. The Commercial Business Automobile Liability Insurance Policy will provide not less than $1,000,000 Combined Single Limits for each accident. (5) Commercial Umbrella Liability Insurance. Operator will provide a Commercial Umbrella Liability Insurance Policy to provide excess coverage above the Commercial General Liability, the Commercial Business Automobile Liability, and Employers’ Liability on a follow form basis in addition to the minimum limits set forth herein. The minimum amount of Umbrella limits required above the coverages and minimum limits stated above will be $2,000,000 per occurrence and $2,000,000 in the aggregate. (6) Application to Others. Operator will require all contractors, subcontractors, agents, or workers performing work or services on its behalf in furtherance of this Agreement to obtain an insurance coverage meeting the requirements of this Section as evidence on a certificate of insurance. Operator will require that all such persons submit certificates of such insurance to Muskegon prior to performing work or services. 14 Operating Agreement - final - 3.31.22 (7) Maintaining Coverage. Muskegon may require copies of any insurance policies entered into by Operator, and Operator is responsible for annually verifying and confirming in writing to Muskegon that all sub-contractors, agents, operators or workers meet the minimum coverage and limits plus maintain current certificates of coverage, and that all work activities related to this Agreement will meet minimum coverage and limits, with any sub-contractors, agents, operators or workers complying with the same insurance requirements as Operator. (8) Continuing Obligation. Unless otherwise expressly provided herein, the obligation to insure as provided herein continues throughout term of this Agreement and will not terminate until this Agreement has expired or been terminated, and the right to occupy the premises is returned to Muskegon. XVIII. INDEMNIFICATION Operator will—at its sole cost and expense—indemnify, defend, and hold harmless Muskegon, its officers, agents, and employees, its successors and assigns, individually or collectively, from and against all liability and any claims, suits, expenses, losses, judgments, proceedings, damages, expenses, demands, suits, costs (including costs of defense, reasonable attorney fees, and reasonable professional fees incurred in defense or incurred in enforcement of this indemnity), and causes of action of every kind or character whatsoever, directly or indirectly arising from, related to, or connected with, in whole or in part, Operator’s services under this Agreement, including but not limited to claims directly or indirectly arising from, related to or connected with, in whole or in part: any act, omission, fraud, wrongful or reckless conduct, fault or negligence by Operator, or its officers, directors, agents, employees, subcontractors or suppliers of any tier, or by any of its employees, agents, or persons under its direction or control. XIX. LIMITATION OF LIABILITY Notwithstanding any other provision of this Agreement, and to the fullest extent permitted under applicable law, no Party will be liable to the other Party for any indirect, special, consequential, moral, exemplary, or punitive damages, or for any loss of use, loss of production, loss of revenue or profits, cost of capital, loss of goodwill, or loss of opportunity, arising out of or in connection with, this Agreement, whether based in contract, tort, or any other theory at law or in equity, regardless of whether such damage was foreseeable and each Party expressly releases the other Party from any such liability. The limitations on liability in this Section will not apply to: (1) a Party’s criminal or fraudulent conduct; (2) Operator’s obligations of indemnification; (3) any applicable insurance proceeds; or (4) anything prohibited by applicable law governing the Parties. Each Party assumes all risks of personal injury and property damage attributable to the acts or omissions of such Party or any of its affiliates, to the degree that such damage is attributable to such Party or its affiliate. Operator makes no warrant whatsoever with respect to the services (including, for clarification, the deliverables, and the services), including any: (i) warranty of merchantability, (ii) warranty of fitness for a particular purpose, or (iii) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. 15 Operating Agreement - final - 3.31.22 XX. DAMAGE TO PROPERTY Operator will only be responsible held responsible for damage to property belonging to Muskegon only to the extent caused by an act or omission of the Operator, its agents, or employees. Operator will be responsible for repairing any damaged property and will pay the costs, therefore. XXI. TAXES The Parties will be solely responsible for their respective taxes, if any, and related interest or penalties, incurred by such Party in respect of this Agreement including, without limitation, any federal, state, or local income tax, and any withholding or employment taxes imposed upon such Party, including in respect of any advertising revenue to such Party. To the extent that Muskegon owned real property becomes taxable due to this Operating Agreement, Operator will reimburse Muskegon for such taxes. XXII. FORCE MAJEURE Neither Party will be deemed to have breached this Agreement if it is prevented from performing any of its obligations hereunder by reason of acts of God, acts of the public enemy, acts of superior governmental authority, weather conditions, riots, rebellion, sabotage, or any other circumstances for which it is not responsible or which is not under its control, and the Party experiencing force majeure gives written notice to the other Party identifying the nature of such force majeure, and when it began. The Party experiencing force majeure will take immediate action to attempt to remove such causes of force majeure as may occur from time to time and its operations under this Agreement will be resumed immediately after such cause has been removed, provided that neither Party will be required to settle any labor dispute except upon terms that the Party deems acceptable. The suspension of any obligations under this Section will not cause the term of this Agreement to be extended and will not affect any rights accrued under this Agreement prior to the occurrence of the force majeure. The Party giving notice of the force majeure will also give notice of its cessation. XXIII. DEFAULT If Muskegon enters into any agreement with a Competitor authorizing Competitor to provide Competitor’s shared mobility devices and services within the Operating Area that conflicts with this Agreement, including but not limited to the Designated Parking Zone Restrictions set forth in Article XI, Operator may have a court of competent jurisdiction issue an injunction against Competitor and Muskegon in favor of Operator, declare this Agreement breached by Muskegon, and order that the agreement between Muskegon and Competitor be voided. This provision will not be construed to prevent specific performance of this Agreement or of any of its conditions by either Party. 16 Operating Agreement - final - 3.31.22 XXIV. SURCHARGES A. Surcharge for Unlocking a Shared-Mobility Device. During the term of this Agreement, in addition to the User Fees charged by Operator to users of Shared-Mobility Devices, Operator agrees to include an additional surcharge of twenty-five cents ($.25) to each user for each time a user unlocks a Shared-Mobility Device (“Surcharge”). The Surcharge will be paid by users and collected by Operator in similar manner as all other User Fees paid for their use of Operator’s Shared-Mobility Device. The Surcharges will initially be retained by Operator for the benefit of Muskegon and then will be remitted to Muskegon in accordance with Section (B), below. B. Payment of Surcharges; Accounting. On the fifteenth (15th) day of each month during the term of this Agreement, Operator will remit to Muskegon the total dollar amount of Surcharges paid by users to Operator during the preceding month (“Monthly Surcharge Payment”). In addition to the Monthly Surcharge Payment, Operator will make a reasonable, good faith effort to simultaneously provide Muskegon with financial reports or accountings detailing the number and dollar amount of Surcharges paid by users in order for Muskegon to calculate the total Surcharge Payment owed to Muskegon by Operator. XXV. NOTICES AND REPRESENTATIVES All notices and communications related to this Agreement should be made to the following representatives for each Party. Each such notice, request, or other communication will be effective five (5) business days after depositing in the mail or forty-eight (48) hours after the date on which an e-mail notice is verified as received. Ride Muskegon, LLC City of Muskegon Attn: Stephen Parent Attn: City Manager Title: Member Address: City of Muskegon Email: stephen@ridemuskegon.com 933 Terrace St. Phone #: 231-557-6446 Muskegon, MI 49440 Address: 10574 Robert F Ln. West Olive, MI 49460 XXVI. GENERAL PROVISIONS A. Assignment. Neither Muskegon nor Operator will assign this Agreement, transfer, or otherwise sublet any part of the Services without the expressed written consent of the other, and such consent will not be unreasonably withheld. B. Binding Effect. All provisions of this Agreement, including the benefits and burdens, will extend to and be binding upon the Parties respective heirs, legal representatives, successors, and assigns. C. Caption. The captions and headings in this Agreement are for convenience of reference only and will not be used to interpret, define, or limit its provisions. 17 Operating Agreement - final - 3.31.22 D. Counterparts. This Agreement may be executed in multiple identical counterparts, all of which will constitute one agreement. E. Entire Understanding. This Agreement represents the complete integration of all understandings between the Parties and all prior representations and understandings—oral or written—are merged herein. Prior or contemporaneous additions, deletions, or other changes will not have any force or affect whatsoever, unless embodied herein. F. Extinguishment and Replacement. This Agreement extinguishes and replaces any prior agreements between the Parties related to the services described herein upon the Effective Date. G. Modification. Modifications of this Agreement will not be effective unless agreed to in writing by the Parties in a formal written amendment to this Agreement, properly executed and approved by all the Parties. H. Independent Counsel—Costs. The Parties acknowledge and agree that the terms and conditions of this Agreement have been freely and fairly negotiated. Each Party acknowledges that in executing this Agreement it has relied solely on its own judgment, belief and knowledge, and such advice as it may have received from its own counsel, and that it has not been influenced by any representation or statement made by the other Party or such Party’s Affiliates, including its counsel. Each Party will pay its own fees and expenses incurred in connection with the negotiation, drafting and execution of this Agreement, and in respect of the transactions contemplated by this Agreement (including, without limitation, attorney’s fees, and costs). I. Interpretation. The language in all parts of this Agreement will in all cases be construed simply according to its fair meaning and not strictly construed against any Party. This Agreement will be construed, and performance thereof will be determined in accordance with the laws of the State of Michigan. J. Waiver. No waiver of any provision of this Agreement will be effective unless the same will be in writing and signed by the Party making such waiver, and any such waiver will apply only to the specific occasion which is the subject of such waiver or consent and will not apply to the occurrence of the same or any similar event on any future occasion. No delay express waiver of any provision of this Agreement will be deemed to be or will constitute a waiver of any other provision whether or not similar, and no waiver will constitute a continuing waiver. Any delay in enforcement of any provision hereof will not constitute a waiver thereof. K. Registration. During the term of this Agreement, Operator will be registered as a business in good standing with the State of Michigan and be a recognized business entity authorized to transact business in the State. L. Severability. The invalidity or unenforceability of any provision of this Agreement or the agreement documents will not affect the validity or enforceability of any other provision, which will remain in full force and effect, provided that the Parties can continue to perform their obligations under this Agreement in accordance with the intent of this Agreement. 18 Operating Agreement - final - 3.31.22 M. Survival of Certain Terms. Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued performance, compliance, or effect after expiration or termination will survive such expiration or termination and will be enforceable by Muskegon if Operator fails to perform or comply as required. N. No Third-Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive because of this Agreement are incidental to this Agreement, and do not create any rights for such third parties. O. Public Records. All information in this Agreement, or related to this Agreement, is subject to the provisions of the Freedom of Information Act 1976 no. 442, as amended, MCL 15.321, or latest revision thereof. P. Attorney’s Fees. Each Party will be responsible for their legal fees resulting from the enforcement of this Agreement or any rights under this Agreement. XXVII. RELATIONSHIP The Parties agree that the Operator is an independent contractor. To that end, the Operator will determine the method, details, and means of performing the work, but will comply with all legal requirements in doing so. The Operator will provide its own tools, materials, or equipment. The Parties agree that neither the Operator nor its principal is an employee of Muskegon or any of its departments, agencies, or related entities. The Parties also agree that neither the Operator nor its principal is entitled to any employee benefits from Muskegon. Operator understands and agrees that it and its members have no right to claim any benefits under Muskegon’s employee retirement system, Muskegon ’s worker’s compensation benefits, health insurance, dental insurance, life insurance, or any other employee benefit plan offered by Muskegon. XXVIII. ATTACHMENTS The following attachments are in draft form and upon signing this Agreement, the parties will work in good faith to finalize, adopted, and make part of this Agreement: Attachment A: Notice to Proceed with E-scooters and E-bikes Attachment B: Key Performance Indicators Attachment C: User Fees Attachment D: Certificate of Insurance Attachment E: Approved locations for Shared-Mobility Devices and Shared-Mobility Services 19 Operating Agreement - final - 3.31.22 The Parties have signed this Agreement as of the Effective Date. CITY OF MUSKEGON Dated: March , 2022 By: Ken Johnson Its: Mayor Dated: March , 2022 By: Ann Marie Meisch Its: Clerk RIDE MUSKEGON, LLC Dated: March , 2022 By: Stephen Parent Its: Member Dated: March , 2022 By: Terry Puffer Its: Member 20 Operating Agreement - final - 3.31.22 ATTACHMENT A NOTICE TO PROCEED CITY OF MUSKEGON To: Ride Muskegon, LLC Date: April _____, 2022 Contract: Operating Agreement for Shared-Mobility Service in the City of Muskegon Project: Shared-Mobility Service Project Authorization: You are notified that, in accordance with the Operating Agreement dated March ____, 2022, incorporated herein by reference, you are authorized by the City of Muskegon, State of Michigan, to establish and commence a Shared-Mobility Service program in the City of Muskegon, State of Michigan, for an initial term of five years (5), with the option to enter into renewal terms, in accordance with Article II of the Operating Agreement entered into between the parties dated March ____, 2022, incorporated herein by reference. Program Start Date: April ___, 2022 Initial Program Renewal Date: April ___, 2027 By: Ken Johnson Its: Mayor By: Ann Marie Meisch Its: Clerk ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by: OPERATOR: RIDE MUSKEGON, LLC a Michigan limited liability company By: Stephen Parent Its: Member By: Terry Puffer Its: Member 21 Operating Agreement - final - 3.31.22 ATTACHMENT B KEY PERFORMANCE INDICATORS Performance Indicator Description Measure Period Measured Unit Threshold Monthly reports and limited System Reporting Monthly/Annually See below See below Administration access provided. Number of Shared Mobility Devices E-scooter; 100% available for use in a day, relative to Device Availability Average monthly the number of Shared Mobility E-bicycle (if N/A Devices in possession of Operator implemented) % of Shared Device Maintenance Number of Shared Mobility Devices Monthly Mobility Devices in 80% and Inspection receiving a maintenance inspection service At least two (2) times per month, not to exceed Station Maintenance Stations receiving a cleaning and twenty-one (21) days % of stations 10% and Inspection inspection between cleaning and inspections Time to respond to reported Per occurrence, as Between 30 deficient, damaged, or unclean necessary or during Complaint response Device Response Time minutes to 12 station components regularly scheduled time hours of devices. maintenance monthly Percentage of time that the Website/Mobile App in As needed during the term % of total minutes website and mobile app are in 99% Service of the Agreement per month service Live Response – Operator will maintain a toll-free customer service number from 9am – 9 pm; Customer Service As needed during the term Message (after hours) – 24/7 after - Minutes/Hours 95% Availability of the Agreement hours to address customer concerns and inquires Complaint acknowledgement Reasonable Any given point in time and Operation Customer Service Response time between customer amount of time, during the term of the resolution/response Response Time inquiry and complaint resolution with goal of 24 Agreement time. hours or less Measured in minutes/hours. See Redistribution Device Distribution See below See below See below (below) Redistribution. The City of Muskegon will continuously work with Ride Muskegon, LLC to identify High Priority Areas based on usage in the designated Operating Areas. Once High Priority Areas are identified, Ride Muskegon, LLC, will use its best efforts to distribute a reasonable number of Shared-Mobility Devices to areas to satisfy the demands of said areas in an effort to increase the number of Shared-Mobility Devices available to the public. 22 Operating Agreement - final - 3.31.22 ATTACHMENT C USER FEES FOR INITIAL LAUNCH The following fee schedule is reflective of the initial fees to charge Users decided by the parties and are subject to change from time to time. Pay as You Go $1.25 to unlock; $.20 per minute Non-Parking Zone Fee: $5.00 (Free 1st Occurrence) Idle Fee $0.35 Per Minute (Shared Mobility Device Remains Active, but Parked) Surcharge $0.25 per use 23 Operating Agreement - final - 3.31.22 ATTACHMENT D CERTIFICATE OF INSURANCE Operator will provide Certificate of Insurance from Hanover Insurance authorizing issuance such certifications and insurance subsequent to the successful implementation of the Operating Agreement and provisioning of Shared Mobility Devices. 24 Operating Agreement - final - 3.31.22 ATTACHMENT E APPROVED LOCATIONS FOR SHARED-MOBILITY DEVICES AND SERVICES LINK to interactive map of locations: https://earth.google.com/earth/d/1v4fab3brssz5OBwVxGDGf1q_h7MWSE0h?usp=sharing 25 Operating Agreement - final - 3.31.22 16 CITY LOCATIONS: 1. 794 Kitchen/Rake Brewery 2. Lakeside Parking 3. Additional Beach Parking 4. Coast Guard Beach Parking 5. Ice Cream Beach Parking 6. Dr Rolfs BBQ Western 7. Trunk Depot Western 8. Shoreline Inn 9. Mart Dock 10. Heritage Landing – TBD 11. Farmers Market Western 12. Frauenthal Western 13. Burl and Sprig 14. 3rd St 15. Visit Muskegon Western 16. Rotary Park 26 Operating Agreement - final - 3.31.22 1. 794 Kitchen/Rake Brewery: 2. Lakeside Parking: 27 Operating Agreement - final - 3.31.22 3. Additional Beach Parking: 4. Coast Guard Parking: 28 Operating Agreement - final - 3.31.22 5. Ice Cream Beach Parking: 6. Dr Rolfs BBQ Western 29 Operating Agreement - final - 3.31.22 7. Trunk Depot Western 8. Shoreline Inn 30 Operating Agreement - final - 3.31.22 9. Mart Dock 31 Operating Agreement - final - 3.31.22 10. Heritage Landing TBD 11. Farmers Market Western 32 Operating Agreement - final - 3.31.22 12. Frauenthal Western 13. Burl and Sprig 33 Operating Agreement - final - 3.31.22 14. 3rd St 34 Operating Agreement - final - 3.31.22 15. Visit Muskegon Western 16. Rotary Park 35 Operating Agreement - final - 3.31.22 Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 4/12/22 Title: Amendment to the PUD at 1000 W Western (Hartshorn Village) Submitted By: Mike Franzak Department: Planning Brief Summary: Request to amend the final Planned Unit Development at 1000 W Western Ave (Hartshorn Village). Detailed Summary: The new plan involves removing 17 single-family homes and adding a 17-unit condo complex. Also, the new street west of Fricano’s will be moved slightly to the west. The Planning Commission recommended approval of the amended PUD by a 6-0 vote. Amount Requested: Amount Budgeted: Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To approve the request to amend the final Planned Unit Development at 1000 W Western Ave. Check if the following Departments need to approve the item first: Police Dept. Fire Dept. IT Dept. For City Clerk Use Only: Commission Action: PLANNING COMMISSION STAFF REPORT EXCERPT March 8, 2022 Hearing, Case 2022-09: Request to amend the Planned Unit Development at 1000 W Western Ave (Hartshorn Village). SUMMARY 1. The PUD was approved in February 2019. Lots 4 and 5 have been constructed. 2. The original PUD contained 55 detached single-family houses. 3. The Michigan Department of Environment, Great Lakes and Energy (EGLE) has determined that the area north of Fricano’s parking lot is a designated wetland. 4. In an effort to save the wetland, the applicant is proposing to remove 17 single-family houses and add a 17-unit multi-story residential building. The exact height of the building has not been listed. Three houses have been removed from the east side of the development and 14 have been removed from the west side of the development. 5. The access street to the boat launch has been moved slightly to the west. The new public street will be placed on property owned by this development and the Adelaide Point development. This will eliminate the need for another entrance to the boat launch since this access point can be shared between both developments. 6. The bike path has not been modified and will be raised above the 100-year flood mark. 7. The public walk connecting Fricano’s to the bike path/waterfront has been reduced from the original plan. 8. Notices were sent to everyone within 300 feet of this property. At the time of this writing, staff had not received any comments from the public. Units 4 and 5 of Hartshorn Village Zoning Map Aerial Map Original PUD that was Approved CITY OF MUSKEGON RESOLUTION #2022- RESOLUTION TO AMEND THE FINAL PLANNED UNIT DEVELOPMENT FOR 1000 W WESTERN AVE (HARTSHORN VILLAGE) WHEREAS, a petition to amend the Planned Unit Development at 1000 W Western Ave has been received; and, WHEREAS, proper notice was given by mail and publication and public hearings were held by the City Planning Commission and by the City Commission to consider said petition, during which all interested persons were given an opportunity to be heard in accordance with provisions of the Zoning Ordinance and State Law; and WHEREAS, the Planning Commission and staff have recommended approval of the Final Planned Unit Development and associated site plan with the conditions that a landscaping plan is approved by staff; and NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the Planning Commission be accepted and the amendment to the final Planned Unit Development is hereby approved. Adopted this 12th day of April 2022 Ayes: Nays: Absent: By: Ken Johnson Mayor Attest: Ann Meisch Clerk, City of Muskegon CERTIFICATE (Final PUD at 1000 W Western Ave) 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 a resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 12th day of April, 2022, 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 Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. DATED: ___________________, 2022. _______________________________________ Ann Meisch Clerk, City of Muskegon ZONE: LR FUTURE PHASE HARTSHORN VILLAGE CONDOMINIUM ZONE: PUD PROPOSED FUTURE PHASE HARTSHORN PROPERTY LINES PROPERTY TO BE RETAINED VILLAGE CONDOMINIUM ZONE: LR BY HARTSHORN HOLDINGS LLC OVERALL PUD BOUNDARY EXISTING HARTSHORN VILLAGE CONDOMINIUM ZONE: PUD PROPERTY TO BE RETAINED BY HARTSHORN HOLDINGS LLC ZONE: I-2 ZONE: I-1 ZONE: I-1 P:\Projects\2020\202164\Drawings\202164-PUD.dwg, S01-EXIST, 2/28/2022 9:28:03 AM, jroot 5252 Clyde Park, S.W. Grand Rapids, MI 49509 Phone: (616) 531-3660www.exxelengineering.com ZONE: LR ZONE: PUD ZONE: LR ZONE: PUD ZONE: I-2 ZONE: I-1 ZONE: I-1 P:\Projects\2020\202164\Drawings\202164-PUD.dwg, S02-SITE, 2/28/2022 9:28:46 AM, jroot 5252 Clyde Park, S.W. Grand Rapids, MI 49509 Phone: (616) 531-3660www.exxelengineering.com ZONE: LR ZONE: PUD ZONE: LR ZONE: I-2 ZONE: I-2 ZONE: I-1 ZONE: I-1 P:\Projects\2020\202164\Drawings\202164-PUD.dwg, S03-GRD, 2/28/2022 9:29:04 AM, jroot 5252 Clyde Park, S.W. Grand Rapids, MI 49509 Phone: (616) 531-3660www.exxelengineering.com Agenda Item Review Form Muskegon City Commission Commission Meeting Date: 4/12/2022 Title: City of Muskegon Housing Study and Needs Assessment RFP Submitted By: Jake Eckholm Department: Development Services Brief Summary: The City has been seeing a large increase in new housing starts, both initiated within our division and from the private sector. Staff is requesting permission to solicit firms for a comprehensive needs assessment for housing in our community. Detailed Summary: As we scale our efforts to deliver more housing units to combat the nationwide housing shortage, we require more and higher quality data to direct these efforts. There has not been a formal study compiled for our market since 2016, and our neighboring areas such as Ottawa County and the greater Grand Rapids area have recently commissioned similar studies, which have had great effect in their efforts to infill housing units of all types. As the city continues to focus on infill housing in our neighborhoods and we see greater and greater interest in multi-family housing development by both LIHTC and market-rate developers, we need to have this study so that we can both secure sound investments and not be flying blind as we attempt to revitalize our neighborhoods. We are currently seeing upward pressure on rental prices across all price points, and the best way to combat that is with more information that will lead to more units. Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: A motion to approve the release of the Housing Needs Assessment RFP as presented. For City Clerk Use Only: Commission Action: REQUEST FOR PROPOSALS HOUSING MARKET STUDY AND ANALYSIS CITY OF MUSKEGON, MICHIGAN INTRODUCTION The City of Muskegon, Michigan, through its Development Services Division, invites proposals from qualified firms for the preparation of the 2022 City of Muskegon Housing Market Study and Analysis. This study will support the City’s currently underway Master Plan update, Comprehensive Economic Development Strategy, Consolidated Plan for CDBG and HOME, as well as City of Muskegon initiatives to ensure an adequate supply of both affordable and market rate housing. This RFP is available to the public online at: www.shorelinecity.com. PROJECT DESCRIPTION The City of Muskegon Development Services Division will contract with a qualified consultant for a city- wide housing market study and analysis. The Division is the portion of the Muskegon City government that houses the community’s Community Development Block Grant programming as well as federal HOME funds, both of which can be used for affordable housing investments. The City of Muskegon directly funds affordable housing development and rehabilitation through its CDBG and HOME programming. The Development Services Division also negotiates, initiates, and finalizes all housing related tax incentives available to housing developers in Michigan. The Housing Market Study should: 1. Provide an inventory of existing affordable and market rate housing- both publically supported and solely in the private sector- throughout the city of Muskegon and broken down by the city’s 14 neighborhoods. 2. Give a detailed picture of the current housing market in Muskegon, with specific attention to the existing demand and supply at various for-sale and rental price points for both rental and single family ownership housing. This should be broken down between affordable and market rate units. 3. Delineate the current housing market by neighborhood, with analysis of trends for both the affordable and market rate rental market as well as owner occupied units. 4. Provide information regarding the demand for units that will allow the city and its development partners to develop action strategies aimed at reducing housing and cost burdens and unit shortages. 5. Provide market trend information to the City of Muskegon and its development partners that will assist in decision-making regarding the investment of public funds in housing programs over the next 5 years. 6. Provide information regarding housing market “sub-niches” that may have an impact on housing demand, investment, and construction. BACKGROUND The City of Muskegon is located in the western region of the State of Michigan, and incorporated along Lake Michigan’s Eastern shoreline. The City’s population is about 39,000, located in Muskegon County with a population of 173,000. The City is now preparing to finalize its Master Plan update, and is soliciting proposals to better understand housing market forces with specific intent to improve the provision of both affordable and market-rate housing. The City of Muskegon serves as a Participating Jurisdiction for CDBG funds, administers HOME funds internally, and also contracts with neighboring Norton Shores to administer their CDBG allocation. The City of Muskegon is currently the community in Muskegon County with the most subsidized affordable units, and has recently seen infill of several new multi-family LIHTC developments in and around our traditional downtown. However, reports and data from our partners in the single family rental industry, nonprofit housing organizations, and the Michigan State Housing Development Authority also indicates that the affordable housing need in our community continues to be significant. Many challenges make the provision of housing of any price point in Muskegon difficult, its narrow traditional grid block lots, lower than average AMI, and lower housing market values among them. Many households in Muskegon are housing cost burdened due to our large cohort of low/mod income families, and with a shortage of units and increased interest from incoming residents due to revitalization this issue seems to be worsening. Previous housing market analyses have found that those needing affordable housing (primarily but not limited to households earning less than 80% AMI) face demand that far exceeds supply, and that in the multi-family space which accounts for many of our affordable units, 90% of the stock is reserved or preferred for senior citizens. Therefore, the City is actively involved in a number of affordable and market rate housing initiatives. These include the funding of and planning for new rental and owner- occupied housing construction. More information on the City initiatives including current and future planning efforts- can be found on the City’s web page at www.shorelinecity.com. SCOPE OF WORK The Housing Market Analysis shall provide an in-depth assessment of the significant characteristics of the current housing market, and the projected characteristics of that market, for each of the fourteen neighborhoods in the city of Muskegon. It should, at a minimum, address the following: • Inventory and analyze the existing housing stock. The City will work with the Consultant to determine the location and number of subsidized housing units (from HUD data), and designated affordable housing units (those which must serve as affordable housing through deed restrictions or other agreements). The Consultant will inventory and map private non-subsidized housing meeting general affordability cost criteria. Respondents should propose a methodology that conducts the inventory, identifies data and data collection methods to be used, and how the data will be used. Consultant will generate a map for each neighborhood that indicates rental units vs. owner occupied units and breaks down rentals which meet affordability criteria. • Determine the current supply, demand, condition and cost of housing for rental and homeownership housing, including need for units by type of housing (including number of bedrooms) according to income and size of household, using most recent HUD published income guidelines, and broken down at 30%, 60%, 80% 100%, 120% and over 120% of Median Income for the City of Muskegon. • Determine the projected supply, demand, condition and cost of housing for rental and homeownership housing, including need for units by type of housing (including number of bedrooms) according to income and size of household, using most recent HUD published income guidelines, and broken down at 30%, 60%, 80% 100%, 120% and over 120% of Median Income for the City of Muskegon between 2022/23 and 2028. • Quantify the production and inventory the characteristics of all new housing built over the past three years, and projected to 2028, and the impact of this production on the community’s housing needs, as well as the specific impact on the needs in each neighborhood in the city. Additional issues to be addressed include: • Current housing stock available to serve persons with disabilities, compared with current and future projected demand. • The location, ownership and characteristics of all senior living developments in the city, with an analysis of the current and future role of these developments for affordable housing. We expect to use the study and analysis to help us answer the following questions: • How does the condition and occupancy of existing housing stock affect demand for affordable and market rate housing in Muskegon? • Is there a need to take policy driven action at the City Commission level to avert symptoms of the unit shortage and infill of market rate units to avoid displacement of low/mod income residents? • Is the demand for new unit production outpacing the actual creation of those new units? By what extent? At what price ranges (or, affordable at what incomes)? • How do housing and transportation costs affect current household locational decisions in Muskegon County, and how will they affect future decisions? How will this affect demand and pricing in existing neighborhoods, particularly in the City of Muskegon? • What are the measurable barriers to the creation of additional affordable and market rate housing (for example, land or construction costs that are comparatively higher than in other places or lower profit margins compared to other places)? • What are the impacts, if any, of the availability of housing in other areas in Muskegon County? • What are the impacts of overcrowding, seasonal and short-term leasing, rental to owner occupied ratios, and other types of demand that impact Muskegon’s housing market? • What should be the characteristics of new affordable and market rate housing, including minimum and maximum size, price points, number of bedrooms and baths, scale of development (single-family, townhouse, low-rise, etc.), and for ownership housing, and whether a condominium market is emerging. DELIVERABLES • Completion of first drafts • Completion of final reports (1 unbound hard copy, 4 bound hard copies, digital, and power point) • Attendance of firm for at least one meeting of the Muskegon City Commission to present the completed Market Analysis. PROPOSAL SUBMISSION REQUIREMENTS 1. Organizational Information A proposal must include the full name and address of your firm or organization and, if applicable, the branch office or other subordinate element that will perform or assist in performing the scope of work outlined in this proposal. The proposal submission must also indicate whether you operate as an individual or partnership or corporation and include the state in which your firm or organization is incorporated. If a joint venture is contemplated, name the firms involved. Also, subcontractors to be used for completion of the Analysis must be identified in a similar manner. 2. Statement of Experience A proposal must evidence your firm’s experience in completing Housing Market Analyses and Needs Assessments. Please provide examples of project experience involving staff members who will work on the City of Muskegon project using the following format: • Client name • Contact person and phone number • Services provided • Original estimate or project costs and actual project costs • Original estimated Project completion schedule and actual completion schedule 3. Project team The proposal must include the names, qualifications, and background information (resumes) of your Project Team, including Project Manager, and other professional staff who will be assigned to complete the Housing Market Analysis, including subcontractors, if any. 4. Work Plan Present in detail your proposed work plan for this project, including all major and minor work tasks to be achieved and related work products. Also, present in detail any “Additional Recommended Items” that you deem appropriate to be included as part of the work plan, even if not specifically mentioned. 5. Schedule Please provide a work schedule outlining the time frame to complete the work including “Additional Recommended Items” and the estimated time required for the completion of each major and minor task. 6. Cost proposal Provide the not to exceed cost for delivery of the Housing Market Study and Needs Assessment. Demonstrate the level of effort for the Project by listing, by position, the number of hours necessary to complete the plan based on the work plan, including a detailed outline of professional personnel (including subcontractors, if any) and the hourly labor rate for each person working on the project. Include a schedule of all other direct and indirect costs. This Cost proposal will be considered an “all-in” proposal for the completion of all work detailed herein. 7. Minority and Women Business Enterprises The City of Muskegon has stated goals and organizational vision statement that emphasizes accessible and equitable government practices. One purpose of these stated goals and vision statement is to increase the focus of equitable practices in employment and contracting for city services. Bidders are hereby notified that this RFP is subject to these priorities. Please provide a statement documenting your outreach efforts and indicate any utilized minority and/or women firms. This statement should be included in your proposal submission for staff review. EVALUATION CRITERIA Proposals will be evaluated by City of Muskegon Development Services staff. The proposals will be evaluated on the firm’s ability to meet the requirements of this RFP. Specific evaluation criteria, among other factors, will include: Qualification and experience of the proposed team: - History of the firm and its experience in similar projects - Proposal of a qualified project manager with relevant previous experience - Quality and availability of staff assigned to the project - Knowledge of technical requirements - Creativity and relevance of past work - Understanding and knowledge about the project study area - Proposed approach to the project: - Responsiveness to project description - Proposed distribution of work and time between team members - Proposed time frame for the project - Knowledge of technical requirements - Technical analysis tools and techniques proposed - Proposed scope of work and deliverables Quality of proposal: - Concise description of tasks, staff and process proposed - Clarity of roles and responsibilities of key team members - Responsiveness to other City requirements - Statement on Equity Outreach Response - Understanding and acceptance of federal, state, and City regulations and policies - Competitiveness and Completeness of Cost Proposal - Reasonable allocation of human resources to project - Cost Competitive within range of proposals submitted - Sufficient detail to facilitate final cost negotiations to enable project to be completed with budget Depending on the analysis of all submittals, personal interviews may be scheduled. FINAL SELECTION AND REQUIREMENTS • All proposals become the property of the City of Muskegon upon submission. • The cost of preparing, submitting and presenting a proposal is the sole expense of the consultant. • The City of Muskegon reserves the right to reject any and all proposals received as a result of this solicitation, to negotiate with any qualified source, to waive any formality and any technicalities or to cancel the RFP in part or in its entirety if it is in the best interest of the City of Muskegon. This solicitation of proposals in no way obligates the City of Muskegon to award a contract. • All data, analysis and final report and recommendations will become the property of the City of Muskegon in perpetuity and may not be used by the consultant for any other set of studies without prior written approval. • Data and analysis will be provided in written and electronic formats in order to create an ongoing source for research and analysis on housing market trends. Uses of data should be documented and include a wide number of sources from local, regional, state and national data sources. • The contract for the completion of the Housing Market Study and Needs Assessment will be awarded in accordance with all appropriate City of Muskegon procurement requirements. • The consultant shall submit and maintain a schedule with specified milestone dates for the project. The schedules must allow for necessary review periods for all parties involved with the project. • The consultant shall submit invoices with a written, status report on each project to the City of Muskegon Development Services Director, who reserves the right to request supplemental information to ensure appropriate project progress. • The Bidder 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, Vendor agrees to defend, pay on behalf of, indemnify, and hold harmless the City, its elected and appointed officials, employees, volunteers and others working on behalf of the City against any and all claims, demands, suits, or loss, including any costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the City, its elected and appointed officials, 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 out of or is in any way connected or associated with this contract. The obligation to defend and hold harmless extends to Consultant’s employees, agents, subcontractors, assigns and successors. b. Vendor Insurance Requirements: Vendor 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 Vendor 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 Vendor 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 $1,000,000 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 Vendor 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 $1,000,000 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. f. Professional Liability Insurance: The Vendor 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. This section is only applicable for RFP’s requesting professional services (Architect, Engineer, etc…) 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, 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. Timeline • Request for Proposal issued: April 13, 2022 • RFP submittals due: May 12, 2022 • Consultant selection and contract negotiation: May 24, 2022 • Contract execution June 14, 2022 • Begin project: June 14, 2022 • Final deliverables due: Based upon contract Submit by May 12, 2022 at 5:00pm EST to: Muskegon City Clerk’s Office Attn: Jake Eckholm, Director of Development Services Muskegon City Hall 933 Terrace Muskegon, Michigan 49440
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