View the PDF version Google Docs PDF Viewer
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: [email protected]
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*: [email protected]
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 [email protected].
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 [email protected].
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: [email protected] 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