Brighton City Council Meeting - PDF Free Download

1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Consider Approval of the Agenda Consent Agenda Items Brighton City Council Meeting City Hall Council Chambers 200 N First St. Brighton, Michigan 48116 (810) 227-1911 www.brightoncity.org 5. Approval of Minutes: Study Session of April 5, 2018 6. Approval of Minutes: Regular Meeting of April 5, 2018 7. Approval of Minutes: Closed Session of April 5, 2018 Regular Business Meeting April 19, 2018 7:30 p.m. AGENDA 8. Approval of Amendment to the City Council Approved Agreement with the Charter Township of Brighton to Exclude the Shepherd of the Lakes Parcel from the City s Water Service Area as Outlined in the 2008 Water Service Contract 9. Approval of Agreement with St. Paul s Church for the Construction of the Millpond Bandshell and Amphitheater Correspondence 10. Call to the Public 11. Staff Updates 12. Updates from Councilmember Liaisons to various Boards and Commissions Public Hearing 13. Conduct a Public Hearing and Consider Approval for the Vacation of St. Paul Street Right of Way as Described New Business 14. Consider Approval of Contribution to the Brighton Community Center in the Amount of $7,000 15. Consider Approval of Tetra Tech Proposal for North Second Street Road and Utility Improvements Construction Phase Engineering in the Amount of $183,000 16. Discussion and Consider Staff Direction on Upcoming Approved/Budgeted Maintenance Projects Other Business a. City Hall Roof b. City Hall Shoreline Restoration 17. Call to the Public 18. Adjournment

Brighton City Council Meeting 200 N First St City Hall Council Chambers Brighton, Michigan 48116 (810) 227-1911 www.brightoncity.org MINUTES OF THE STUDY SESSION OF THE BRIGHTON CITY COUNCIL HELD ON APRIL 5, 2018 STUDY SESSION Mayor Muzzin called the Study Session to order at 6:30 p.m. Present were Mayor Muzzin, Mayor Pro-Tem Pipoly, Councilmembers: Bohn, Emaus, Gardner, Pettengill, and Tobbe. Staff: City Manager Nate Geinzer, Attorney Paul Burns, City Clerk Tara Brown, Utilities Director Tim Krugh, DPW Director Marcel Goch, Senior Community Development Associate Mike Caruso, Finance Director Gretchen Gomolka, Human Resource Director Michelle Miller, and Assistant to the City Manager/DDA Coordinator Brandon Skopek. There were ten members in the audience. CALL TO PUBLIC Mayor Muzzin opened the Call to the Public at 6:30 p.m. with no response. Fire Chief Michael O Brian presented a brief of the Brighton Area Fire Authority (BAFA) Master Plan Findings and Recommendations to Council. Chief O Brian noted several advancements and upgrades to their overall structure. He also relayed that BAFAs need for new recruits, this shortage is common in fire departments across the state. The report opines that several facilities are in need of repair. While BAFA may never gain full ownership of all facilities, it is recommended that ownership be sought when possible. Chief O Brian highlighted that BAFA has a no debt status which he hopes to maintain. Several Councilmembers noted the fast response time by BAFA which is often times at the call before medical assistance. CALL TO THE PUBLIC Mayor Muzzin opened the Call to the Public at 7:17 p.m. with no response. ADJOURNMENT Motion by Councilmember Emaus, seconded by Councilmember Pettengill to adjourn the meeting at 7:17 p.m. The motion carried unanimously.

Brighton City Council Minutes City Hall Council Chambers 200 N First St. Brighton, Michigan 48116 (810) 227-1911 www.brightoncity.org 1. Call to Order MINUTES OF THE REGULAR MEETING OF THE BRIGHTON CITY COUNCIL HELD ON APRIL 5, 2018 Mayor Muzzin called the Regular Meeting to order at 7:30 p.m. 2. The Pledge of Allegiance was recited 3. Roll Call Present were Mayor Muzzin, Mayor Pro-Tem Pipoly, Councilmembers: Bohn, Emaus, Gardner, Pettengill, and Tobbe. Staff: City Manager Nate Geinzer, Attorney Paul Burns, City Clerk Tara Brown, DPW Director Marcel Goch, Police Chief Rob Bradford, Utilities Director Tim Krugh, Assistant to the City Manager/DDA Coordinator Brandon Skopek, Senior Community Development Associate Mike Caruso, Finance Director Gretchen Gomolka, Human Resources Director Michelle Miller. There were 22 persons in the audience. 4. Consider Approval of the Agenda Motion by Mayor Pro-Tem Pipoly, seconded by Councilmember Tobbe, to approve the Agenda as presented. The motion carried unanimously. CONSENT AGENDA Motion by Councilmember Gardner, seconded by Councilmember Emaus, to approve the Consent Agenda as presented. The motion carried unanimously. The following items were approved: 5. Approval of Minutes: Study Session of March 15, 2018 6. Approval of Minutes: Regular Meeting of March 15, 2018 7. Approval of 2018 Civic Event Applications 8. Approval of Tetra Tech Proposal for Water Main Relocation Construction Inspection Services in the Amount of $17,800 9. Acceptance of Quarterly Financial Report Correspondence 10. Eagle Scout Award and Presentations for Jonas Cook and Raymond York Mayor Muzzin presented proclamations to Jonas Cook and Raymond York and thanked them for their outstanding accomplishments and contributions. Both Eagle Scout recipients gave a brief description of their project. 11. Call to the Public Mayor Muzzin opened the Call to the Public at 7:37 p.m. Susan Bakhaus asked Councilmembers to remember that they are allowed compensation for one meeting per day. She noted that Councilmember Emaus attended nine meetings last year and one of which is not open to the public. She questioned how public could attend the meeting.

City Council Regular Meeting April 5, 2018 Page 2 Ken Stahl wished to relay that Brighton High School will host a comedy night with special guest comedian Mike Green on Saturday, April 7, 2018. This is an adult only event. The Call to the Public was closed at 7:46 p.m. 12. Staff Updates Utilities Director Tim Krugh stated that Hydrant Flushing will be conducted April 16 through April 20 between 6:00 a.m. and 3:30 p.m. If you experience discolored water during the stated time, please run your cold water for about 10 minutes and refrain from washing light colors. Chief Bradford stated that the Youth Leadership Academy registration is open. Brighton 7 th and 8 th grade students who wish to attend this free program are encouraged to apply at the Brighton Police Department by May 1, 2018. Also National Prescription Drug Take Back Day is Saturday, April 28 th from 10 a.m. to 2 p.m. Senior Community Development Associate Mike Caruso stated the Zoning Board of Appeals will meet Thursday, April 12, 2018. DPW Director Marcel Goch cautioned that Consumers Energy will be in the area on April 11 th and 12 th to replace a gas line, there should be no disturbance or interruption in service to residents or businesses but could close down streets intermittently while work is conducted. City Manager Nate Geinzer thanked the students of Ms. Constantine and Ms. Beane s classes for the beautiful thank-you posters. 13. Updates from Councilmember Liaisons to various Boards and Commissions Mayor Pro-tem noted that the Green Oak Township Board is amending its medical marijuana ordinance. He asked if this is something that Council should look at soon as the laws are evolving. City Attorney Burns agreed. Councilmember Bohn noted the Planning Commission had met on March 19 th and that plans are underway to refurbish the exterior of the building that houses Hungry Howie s. Councilmember Tobbe met with the Principle Shopping District which had a close look at budget. Councilmember Gardner asked about the details of the drug take back day. Chief Bradford clarified that liquids can be deposited, but must be wrapped in plastic. All drugs are taken to the DEA and destroyed by incinerator. The event is to highlight drug take back, although the Big Red Box outside of the Police Department can accept deposits anytime. Councilmember Pettengill wanted to remind everyone that the spring kick off for the Imagination Station will be May 12 th at 9:00 a.m. Pettengill received an email from a resident who wanted to give recognition to the front desk staff at City Hall. The email stated that the ladies up front are always welcoming and a pleasure to work with. Councilmember Emaus met with the Brighton Veteran Memorial Committee on March 21. The Committee is getting ready for summer programs, although programs will be adjusted due to the band shell rebuild. The Committee will keep a close eye on the memorial during construction. Events will continue at alternate locations

City Council Regular Meeting April 5, 2018 Page 3 during construction. Emaus noted that the Committee does have a vacancy and that any interested parties should contact the Committee via Facebook or online, the only prerequisite is that the applicant is a veteran. Mayor Muzzin stated that the DDA met on March 20. He noted that the company awarded constructed of the band shell is Contracting Resources, Jim Barnus, who constructed the Veterans Memorial. The Second Street Flats contracted was signed with PowerPlay. New Business 14. Consider Approval of Site Plan #18-04 8550 Murphy Drive TownePlace Suites Senior Community Development Associate Mike Caruso gave a brief overview of the plans and recommended that the project be approved with a 50 foot maximum building height. Andy Andre, Stellar Development LLC, presented Council with a brief history, plan, and scope of the project. The project is smaller than usual for this company, estimated cost is $5-$6 million. Mr. Andre noted that the intended color is a neutral palate and the conference room at the hotel will be an amenity for guests. Motion by Councilmember Emaus, seconded by Councilmember Tobbe, to approve Site Plan #18-04 8550 Murphy Drive TownePlace Suites with a 50 foot maximum building height. The motion carried unanimously. 15. Presentation of City Manager s Recommended Budget City Manager Nate Geinzer presented a power point presentation for the proposed budget for fiscal year 2018-2019, noting budget work session dates and a proposed public hearing date. Geinzer outlined three primary fiscal pressures: Streets and Related Infrastructure, Other Underfunded Capital, and OPEB. Utilities Director Tim Krugh introduced three new superintendents as part of his succession plan; Todd Bennett, Corey Brooks, and Daren Collins. 16. Consider Approval of the Annual City Council Budget Work Session Dates Motion by Councilmember Emaus, seconded by Councilmember Gardner to approve the Annual City Council Budget Work Session Dates of April 10, 6:00 p.m.; April 12, 5:30 p.m.; April 17, 6:00 p.m.; and April 19, 5:30 p.m. The motion carried unanimously. Motion by Councilmember Emaus, seconded by Mayor Pro-tem Pipoly to set the Proposed 2018-2019 Fiscal Year Budget Public Hearing for May 3, 2018. The motion carried unanimously. Other Business 17. Call to the Public Mayor Muzzin opened the Call to the Public at 9:02 p.m. Susan Bakhaus is awaiting information about the CSX tracks repair. She reminded Council that they are compensated for only one meeting per day. She also questioned where her tax dollars are going. DPW Director Goch noted that CSX will be out this spring and will update Council once a date is set.

City Council Regular Meeting April 5, 2018 Page 4 The Call to the Public was closed at 9:06 p.m. 18. Consider Entering Closed Session to Consider the Periodic Personnel Evaluation of the City Manager Pursuant to MCL 15.268(a). Motion by Councilmember Emaus, seconded by Councilmember Gardner, to enter into closed session for the Periodic Personnel Evaluation of the City Manager Pursuant to MCL 15.268(a). The motion carried unanimously with a roll call vote. Motion by Councilmember Emaus, seconded by Councilmember Tobbe to come out of Closed Session. The Council reconvened the Regular Meeting at 10:35 p.m. 19. Adjournment Motion by Councilmember Emaus, seconded by Gardner, to adjourn the meeting at 10:36 p.m. The motion carried unanimously. Tara Brown, City Clerk James Muzzin, Mayor

City of Brighton REPORT FROM THE CITY MANAGER TO CITY COUNCIL April 19, 2018 SUBJECT: CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL FOR THE VACATION OF ST. PAUL STREET RIGHT OF WAY AS DESCRIBED BACKGROUND City staff received a request from the property owners along an unimproved portion of St. Paul Street to abandon the existing platted right of way, vacating the area to the adjoining parcels. This was presented as a discussion topic to City Council at the September 7, 2017 regular meeting and staff was advised to move forward with the process of vacating the right-of-way. A resolution was passed at the April 5, 2018 City Council meeting for the setting of the public hearing. The adjoining property owners reside at 115 and 203 School Street and the platted right of way is located between their parcels. They have submitted all the required documentation as requested by the City attorney and filed the proper applications to the City. Tetratech has reviewed all the submitted documentation and have recommended approval, as they do not foresee any future public road or utility use for the right of way. RECOMMENDATION It is recommended that City Council conduct a public hearing to field public comments and to consider approval for the vacating of the St Paul Street right-of-way. Prepared by: Reviewed & Approved by: Attachments: Michael Caruso, Senior Community Development Associate Nate Geinzer, City Manager 1. Tetra Tech Review Letter brightoncity.org 200 North First St. Brighton, MI 48116 (810) 227-1911

MEMO To: Michael Caruso, Building/Zoning Department Cc: Jessica Lienhardt From: Kari Jozwik, P.E., LEED AP Date: October 31, 2017 Subject: St. Paul Street ROW Abandonment Recommendation The City has received a request from the property owners along an unimproved potion of St Paul Street to abandon the existing platted right of way and in so return the area to the adjoining parcels. We have reviewed this request and provide the following background and recommendations for the City s consideration in responding to this request. Existing Conditions East St. Paul Street currently dead ends east of Church Street. This portion of St. Paul Street has a bituminous surface with roadway ditches for drainage and serves four (4) parcels. The St. Paul right-ofway (ROW) width is 66-feet, centered roughly on the roadway centerline. 132-feet of the subject ROW is currently unimproved and is covered with natural vegetation. This equates to approximately 0.20-acres of public ROW that is not being utilized by the City. Proposed Conditions 132-feet of the St. Paul Street ROW is requested to be abandoned. The ROW would be split evenly between the north (Lot 50, Tax ID 18-30-402-050) and south (Lots 48/49, Tax ID 18-30-402-090) property owners. The following aspects were reviewed: A. Connectivity to Existing Roadways. It is unlikely that St. Paul Street will ever connect into School Street to the east due to a substantial change in elevation between the two roadways. B. Driveway Connections. The ROW vacation will not affect the driveway connections to the existing bituminous roadways. C. Public Utilities Water System. There is an existing 6-inch watermain on Church Street and 10- inch watermain on School Street. The two watermains are looped on the north (Nelson Street) and on the south (Main Street). A need to use the subject ROW for a watermain connection is not foreseen. D. Public Utilities Sanitary Sewer. The sanitary sewer collection system is contained in the ROW along the existing pavement. The vacation of the subject ROW will not impact the publicly maintained sewer system. Tetra Tech 7927 Nemco Way, Suite 100., Brighton, 48116 Tel 810.220.2112 tetratech.com

City of Brighton St. Paul Street ROW Abandonment Page 2 of 2 E. Public Utilities Storm sewer. Stormwater is managed at the intersection of St. Paul Street and Church Street with a series of catch basins and a storm sewer system. Although School Street does not have an existing storm sewer collection system. It is unlikely the subject ROW will be used for stormwater management. The existing topography is shown in the below figure. Recommendations and Conclusions Tetra Tech does not foresee any future public road or utility use for the subject ROW intended to be abandoned. As such we have prepares the attached easement description of the ROW to be abandoned along with legal descriptions for the City s use in the disbursement of the ROW to the abjuring parcels. Attachments 01 ROW Vacation Total Area 02 ROW Vacation Lot 49 03 ROW Vacation Lot 50 TETRA TECH

TOTAL AREA OF VACATION, EAST ST. PAUL ST PART OF THE SOUTHEAST 1/4 OF SECTION 30, T2N, R6E, CITY OF BRIGHTON, LIVINGSTON COUNTY, MICHIGAN, DESCRIBED AS-FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 50, LEITH'S SUBDIVISION (AS-RECORDED, #18965), THENCE ALONG THE SOUTH LINE OF LOT 50, NORTH 90 00'00 EAST, 132.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SCHOOL STREET (PLATTED SECOND STREET); THENCE LEAVING THE SOUTH LINE OF LOT 50, ALONG THE WEST RIGHT-OF-WAY OF SCHOOL STREET, SOUTH 0 19'00 EAST, 66.00 FEET TO THE NORTHEAST CORNER OF LOT 49; THENCE ALONG THE NORTH LINE OF LOT 49, NORTH 0 00'00 WEST, 132.00 FEET; THENCE LEAVING SAID NORTH LINE, NORTH 90 19'00 WEST 66.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.20 ACRES (8711.9 SQUARE FEET) MORE OR LESS. 10/27/2017 9:43:12 AM - \\TTS073FS1\PROJECTS\IER\12766\200-12766-18001\CAD\MODELFILES\ST PAUL ST VACATION.DWG - GOTHA, STEVEN www.tetratech.com 7927 NEMCO WAY, SUITE 100 BRIGHTON, MI 48116 CITY OF BRIGHTON, MICHIGAN Project No.: SOUTHEAST 1/4 OF SECTION 30, T2N, R6E Date: 10-27-17 E. ST. PAUL STREET RIGHT-OF-WAY VACATION TOTAL AREA 0 SCALE: 1" = 60' 30' 60' Designed By: 200-1276618001 Supplemental 1 N F. YOERG Bar Measures 1 inch Copyright: Tetra Tech

PORTION OF VACATION TO BE DISBURSED TO LOT 50 OWNER: PART OF THE SOUTHEAST 1/4 OF SECTION 30, T2N, R6E, CITY OF BRIGHTON, LIVINGSTON COUNTY, MICHIGAN, DESCRIBED AS-FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 50, LEITH'S SUBDIVISION (AS-RECORDED, #18965), THENCE ALONG THE SOUTH LINE OF LOT 50, NORTH 90 00'00 EAST, 132.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SCHOOL STREET (PLATTED SECOND STREET); THENCE LEAVING THE SOUTH LINE OF LOT 50, ALONG THE WEST RIGHT-OF-WAY OF SCHOOL STREET, SOUTH 0 19'00 EAST, 33.00 FEET TO THE CENTERLINE OF FORMER EAST ST. PAUL ST.; THENCE ALONG THE CENTERLINE OF FORMER ST. PAUL ST., NORTH 90 00'00 WEST, 132.00 FEET; THENCE LEAVING SAID CENTERLINE, NORTH 0 19'00 WEST 33.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.10 ACRES (4355.9 SQUARE FEET) MORE OR LESS. 10/27/2017 9:45:44 AM - \\TTS073FS1\PROJECTS\IER\12766\200-12766-18001\CAD\MODELFILES\ST PAUL ST VACATION.DWG - GOTHA, STEVEN CITY OF BRIGHTON, MICHIGAN Project No.: 200-1276618001 SOUTHEAST 1/4 OF SECTION 30, T2N, R6E Date: 10-27-17 Designed By: F. YOERG www.tetratech.com E. ST. PAUL STREET Supplemental 7927 NEMCO WAY, SUITE 100 RIGHT-OF-WAY VACATION BRIGHTON, MI 48116 2 LOT 50 0 30' 60' SCALE: 1" = 60' N Bar Measures 1 inch Copyright: Tetra Tech

PORTION OF VACATION TO BE DISBURSED TO LOT 49 OWNER: PART OF THE SOUTHEAST 1/4 OF SECTION 30, T2N, R6E, CITY OF BRIGHTON, LIVINGSTON COUNTY, MICHIGAN, DESCRIBED AS-FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 49, LEITH'S SUBDIVISION (AS-RECORDED, #18965), THENCE NORTH 0 19'00 WEST, 33.00 FEET TO A POINT ON THE CENTERLINE OF FORMER EAST ST. PAUL ST.; THENCE ALONG SAID CENTERLINE NORTH 90 00'00 EAST, 132.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SCHOOL STREET (PLATTED SECOND STREET); THENCE LEAVING SAID CENTERLINE, ALONG THE WEST RIGHT-OF-WAY OF SCHOOL STREET, SOUTH 0 19'00 EAST, 33.00 FEET TO THE NORTHEAST CORNER OF LOT 49; THENCE ALONG THE NORTH LINE OF LOT 49, NORTH 90 00'00 WEST 132.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.10 ACRES (4355.9 SQUARE FEET) MORE OR LESS. 10/27/2017 9:46:45 AM - \\TTS073FS1\PROJECTS\IER\12766\200-12766-18001\CAD\MODELFILES\ST PAUL ST VACATION.DWG - GOTHA, STEVEN CITY OF BRIGHTON, MICHIGAN Project No.: 200-1276618001 SOUTHEAST 1/4 OF SECTION 30, T2N, R6E Date: 10-27-17 Designed By: F. YOERG www.tetratech.com E. ST. PAUL STREET Supplemental 7927 NEMCO WAY, SUITE 100 RIGHT-OF-WAY VACATION BRIGHTON, MI 48116 3 LOT 49 0 30' 60' SCALE: 1" = 60' N Bar Measures 1 inch Copyright: Tetra Tech

RESOLUTION VACATING A PORTION OF ST. PAUL STREET WHEREAS, St. Paul Street is a public street located in the City of Brighton, County of Livingston, State of Michigan; WHEREAS, the Plat of Leith s Subdivision located in the City of Brighton, Livingston County, Michigan, as recorded in Liber 2 of Plats, Page 33, Livingston County Records Register of Deeds, dedicates St. Paul Street to the use of the public. WHEREAS, the portion of St. Paul Street to be vacated is described and delineated in the legal description prepared by Tetra Tech and is attached and labeled as Attachment A ; WHEREAS, the property owners abutting that portion of St. Paul Street to be vacated have been given notice of the proposed vacation; WHEREAS; the public has been given notice of the proposed vacation by way of publication in the Livingston County Daily Press and Argus on March 22, 2018; WHEREAS; the City engineers, Tetra Tech, have determined that the portion of St. Paul Street to be vacated is not needed by the City of Brighton for roadway purposes; WHEREAS; the Brighton City Council has determined that it is necessary for the health, welfare, comfort, and safety of the people of the City of Brighton to discontinue that portion of St. Paul Street as depicted in Exhibit A ; NOW THEREFORE, BE IT RESOLVED THAT that portion of St. Paul Street described and delineated in Attachment A is hereby vacated.

AYES: NAYS: ABSENT: RESOLUTION DECLARED ADOPTED. Dated: TARA BROWN, City Clerk CERTIFICATION I, Tara Brown, City Clerk of the City of Brighton, do hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the City Council of the City of Brighton at a regular meeting held on April 19, 2018. TARA BROWN, Deputy City Clerk Prepared by and when recorded return to: LAW OFFICE OF PAUL E. BURNS 133 West Grand River Avenue Brighton, MI 48116 810-227-5000 Being a part of Tax ID Nos: 4718-30-402-050 and 4718-30-402-090

City of Brighton REPORT FROM THE CITY MANAGER TO CITY COUNCIL April 19, 2018 SUBJECT: CONSIDER APPROVAL OF TETRA TECH PROPOSAL FOR NORTH SECOND STREET ROAD AND UTILITY CONSTRUCTION PHASE ENGINEERING IN THE AMOUNT OF $183,000 BACKGROUND At the December 7, 2017 City Council meeting, City Council approved engineering design services for North Second Street road and utility improvements. Tetra Tech has since complete the design work for the project and anticipates project bidding to commence the week of April 23. The utility service is in need of upsizing to facilitate both approved and proposed redevelopment projects along North Second Street. ADMINISTRATIVE SUMMARY A bid award is anticipated in May with construction commencing in June of 2018. The project includes replacement of public water, sanitary sewer, and street surface on North Second Street from Cross Street to Millpond Lane, as well as the installation of five foot sidewalks on each side of the street. Tetra Tech s work will include attending pre-construction meetings, survey work, site inspections during construction, testing of backfill compaction, aggregate base, and HMA, preparing applications, for payment, prepare final prints, etc. Funds are budgeted and available in the Utilities Capital Budget; Utilities will be covering 60% ($109,800) of the engineering cost for the utility portion. Funds are budgeted and available in the General Fund for the remaining 40% ($73,200) for the road portion. Staff is prepared to discuss additional cost sharing for the road engineering with the Downtown Development Authority (DDA) at their April 17 meeting. RECOMMENDATION Approval of Tetra Tech Proposal to Perform Construction Engineering Services for the North Second Street Road and Utilities Improvement Project in the amount of $183,000. Prepared by: Approved by: Attachments: Brandon Skopek, Asst. to the City Manager/DDA Coordinator Patty Thomas, Asst. to the DPW Director Tim Krugh, Utilities Director Nate Geinzer, City Manager 1. Professional Services Proposal brightoncity.org 200 North First Street Brighton, MI 48116 (810) 227-1911

April 9, 2018 Mr. Nate Geinzer City of Brighton 200 North First Street Brighton, MI 48116 Re: North Second Street Road and Utility Improvements Construction Phase Professional Services Proposal Dear Mr. Geinzer: The North Second Street Road and Utility Improvements project is anticipated to receive bids in May 2018 for a June construction start. The project includes the replacement of the public water and sanitary sewer along with the street surface on North Second Street from Mill Pond Lane to Cross Street. The improvements are planned to be performed over one construction season. Tetra Tech has prepared the following proposal to assist the City in administering the construction phase of the project. SCOPE OF WORK Act as Owner's representative during the construction of the improvements. Organize and attend a pre-construction meeting with the Contractor and Owner to discuss the project schedule, budget and execution of the work. Provide survey layout of proposed utilities and street improvements inclusive of staking the centerline at 50- foot increments. Grades for the street and utility work are provided on the construction plans for the contractor s use during construction. Make visits to the site at intervals appropriate to the various stages of construction to observe, as an experienced and qualified professional, the progress of the executed work of Contractor. The goal of such visits shall be to secure completion of the work in accordance with the Contract Documents and to keep Owner informed of the progress of the work. RPR services will be provided on a full-time basis. Our proposal anticipates a 5-month construction schedule. The duties and responsibilities of the RPR are included in the attachment to this proposal. Engage a subconsultant to perform trench backfill compaction testing, aggregate base compaction testing, and HMA testing. Review or take other appropriate action in respect to shop drawings, samples, the results of tests and inspections, and other data which the Contractor is required to submit, for conformance with the design concept of the Project. Discuss with Owner submittals that are critical to the progress of the work for approval of recommendations and material used for the construction. Tetra Tech 7927 Nemco Way, Suite 100, Brighton, MI 48116 Tel 810.220.2112 Fax 810.220.0094 www.tetratech.com

Mr. Nate Geinzer North Second Street Road and Utility Improvements Construction Phase Profession Services Proposal April 9, 2018 Page 2 Consult with Owner and Contractor for necessary interpretations and clarifications of the Contract Documents and in connection therewith, prepare change orders as required; act as initial interpreter of the requirements of the project and judge of the acceptability of the work thereunder. Prepare applications for payment and recommend payments to Contractor. Coordinate and attend testing and walk-throughs with City staff to place in operation the new pipelines. Determine if the Project is substantially complete and perform an on-site review to determine if the work has been substantially completed in accordance with the Contract Documents so that Engineer may issue a certificate of substantial completion. Upon notification from Contractor that the entire Work is complete, Engineer will make a final inspection with Owner and Contractor to determine if the work has been completed in accordance with the Contract Documents, so that upon review of Contractor application for final payment, Engineer may recommend, in writing, final payment to the Contractor and may give written notice to Owner and the Contractor that the work is acceptable. Prepare for Owner, record drawings showing those changes made during the construction process, based on the marked-up prints, drawings, tracings and other data furnished by Contractor and Engineer. PROJECT SCHEDULE Tetra Tech anticipates the following schedule for the project: Phase Completion Date Bidding & Contracting April May 2018 Construction Start June 2018 Construction Substantial Completion November 2018 Construction Final Completion May 2019 Tetra Tech will work with the City, as needed, to revise the proposed schedule to meet the requirements for this project. COMPENSATION Compensation for our personnel directly engaged in the work of this proposal will be based on our hourly billable rates plus in-house reimbursable expenses. We propose the following not-to-exceed budgets for the abovementioned scope of work. Project Component Budget (Road Funding ~40%) Budget (Utility Funding ~60%) Construction Phase $58,150 $87,225 Testing Subconsultant $15,050 $22,575 Sub Total $73,200 $109,800 Total $183,000 If you concur with our proposal, please sign in the space provided below and return one original signed copy of this proposal to indicate your authorization to proceed. The agreement for this project is comprised of this proposal and the attached Tetra Tech Standard Terms and Conditions. Tetra Tech

Mr. Nate Geinzer North Second Street Road and Utility Improvements Construction Phase Profession Services Proposal April 9, 2018 Page 3 We appreciate the opportunity to assist the City in this important project. If you have any questions regarding this proposal, please call. Sincerely, Gary J. Markstrom, P.E. Unit Vice President Kari L. Jozwik, P.E., LEED AP Project Engineer Attachment: Tetra Tech Standard Terms and Conditions Proposal Accepted By City of Brighton: By: Title: Date: Tetra Tech

Tetra Tech of Michigan, PC Engineering Services Standard Terms & Conditions Services Consultant will perform services for the Project as set forth in Attachment A and in accordance with these Terms & Conditions. Consultant has developed the Project scope of service, schedule, and compensation based on available information and various assumptions. The Client acknowledges that adjustments to the schedule and compensation may be necessary based on the actual circumstances encountered by Consultant in performing their services. Consultant is authorized to proceed with services upon receipt of an executed Agreement. Compensation In consideration of the services performed by Consultant, the Client shall pay Consultant in the manner set forth above. The parties acknowledge that terms of compensation are based on an orderly and continuous progress of the Project. Compensation shall be equitably adjusted for delays or extensions of time beyond the control of Consultant. Where total project compensation has been separately identified for various tasks, Consultant may adjust the amounts allocated between tasks as the work progresses so long as the total compensation amount for the project is not exceeded. Fee Definitions The following fee types shall apply to methods of payment: Salary Cost is defined as the individual s base salary plus customary and statutory benefits. Statutory benefits shall be as prescribed by law and customary benefits shall be as established by Consultant employment policy. Cost Plus is defined as the individual s base salary plus actual overhead plus professional fee. Overhead shall include customary and statutory benefits, administrative expense, and non-project operating costs. Lump Sum is defined as a fixed price amount for the scope of services described. Standard Rates is defined as individual time multiplied by standard billing rates for that individual. Subcontracted Services are defined as Project-related services provided by other parties to Consultant. Reimbursable Expenses are defined as actual expenses incurred in connection with the Project. Payment Terms Consultant shall submit invoices at least once per month for services performed and Client shall pay the full invoice amount within 30 days of the invoice date. Invoices will be considered correct if not questioned in writing within 10 days of the invoice date. Client payment to Consultant is not contingent on arrangement of project financing or receipt of funds from a third party. In the event the Client disputes the invoice or any portion thereof, the undisputed portion shall be paid to Consultant based on terms of this Agreement. Invoices not in dispute and unpaid after 30 days shall accrue interest at the rate of one and one-half percent per month (or the maximum percentage allowed by law, whichever is the lesser). Invoice payment delayed beyond 60 days shall give Consultant the right to stop work until payments are current. Non-payment beyond 70 days shall be just cause for termination by Consultant. Additional Services The Client and Consultant acknowledge that additional services may be necessary for the Project to address issues that may not be known at Project initiation or that may be required to address circumstances that were not foreseen. In that event, Consultant shall notify the Client of the need for additional services and the Client shall pay for such additional services in an amount and manner as the parties may subsequently agree. Site Access The Client shall obtain all necessary approvals for Consultant to access the Project site(s). Underground Facilities Consultant and/or its authorized subcontractor will conduct research and perform site reconnaissance in an effort to discover the location of existing underground facilities prior to developing boring plans, conducting borings, or undertaking invasive subsurface investigations. Client recognizes that accurate drawings or knowledge of the location of such facilities may not exist, or that research may reveal asbuilt drawings or other documents that may inaccurately show, or not show, the location of existing underground facilities. In such events, except for the sole negligence, willful misconduct, or practice not conforming to the Standard of Care cited in this Agreement, Client agrees to indemnify and hold Consultant and/or its Subcontractor harmless from any and all property damage, injury, or economic loss arising or allegedly arising from borings or other subsurface penetrations. Regulated Wastes Client is responsible for the disposal of all regulated wastes generated as a result of services provided under this Agreement. Consultant and Client mutually agree that Consultant assumes no responsibility for the waste or disposal thereof. Contractor Selection Consultant may make recommendations concerning award of construction contracts and products. The Client acknowledges that the final selection of construction contractors and products is the Client s sole responsibility. Ownership of Documents Drawings, specifications, reports, programs, manuals, or other documents, including all documents on electronic media, prepared under this Agreement are instruments of service and are, and shall remain, the property of Consultant. Record documents of service shall be based on the printed copy. Consultant will retain all common law, statutory, and other reserved rights, including the copyright thereto. Consultant will furnish documents electronically; however, the Client releases Consultant from any liability that may result from documents used in this form. Consultant shall not be held liable for reuse of documents or modifications thereof by the Client or its representatives for any purpose other than the original intent of this Agreement, without written authorization of and appropriate compensation to Consultant. Standard of Care Services provided by Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Consultant makes no warranty or guaranty, either express or implied. Consultant will not be liable for the cost of any omission that adds value to the Project. Period of Service This Agreement shall remain in force until completion and acceptance of the services or until terminated by mutual agreement. Consultant shall perform the services for the Project in a timely manner consistent with sound professional practice. Consultant will strive to perform its services according to the Project schedule set forth in the provisions for Scope of Work/Fee/Schedule in Attachment A. The services of each task shall be considered complete when deliverables for the task have been presented to the Client. Consultant shall be entitled to an extension of time and compensation adjustment for any delay beyond Consultant control. Insurance and Liability Consultant shall maintain the following insurance and coverage limits during the period of service. The Client will be named as an additional insured on the Commercial General Liability and Automobile Liability insurance policies. Worker s Compensation as required by applicable state statute Commercial General Liability - $1,000,000 per occurrence for bodily injury, including death and property damage, and $2,000,000 in the aggregate Automobile Liability $1,000,000 combined single limit for bodily injury and property damage Professional Liability (E&O) - $1,000,000 each claim and in the aggregate The Client shall make arrangements for Builder s Risk, Protective Liability, Pollution Prevention, and other specific insurance coverage warranted for the Project in amounts appropriate to the Project value and risks. Consultant shall be a named insured on those policies where Consultant may be at risk. The Client shall obtain the counsel of others in setting insurance limits for construction contracts. Indemnification Consultant shall indemnify and hold harmless the Client and its employees from any liability, settlements, loss, or costs (including reasonable attorneys fees and costs of defense) to the extent caused solely by the negligent act, error, or omission of Consultant in the performance of services under this Agreement. If such damage results in part by the negligence of another party, Consultant shall be liable only to the extent of Consultant s proportional negligence. Dispute Resolution The Client and Consultant agree that they shall diligently pursue resolution of all disagreements within 45 days of either party s written notice using a mutually acceptable form of mediated dispute resolution prior to exercising their rights under law. Consultant shall continue to perform services for the Project and the Client shall pay for such services during the dispute resolution process unless the Client issues a written notice to suspend work. Causes of action between the parties to this Agreement shall be deemed to have accrued and the applicable statutes of repose and/or limitation shall commence not later than the date of substantial completion. Suspension of Work The Client may suspend services performed by Consultant with cause upon fourteen (14) days written notice. Consultant shall submit an invoice for services performed up to the effective date of the work suspension and the Client shall pay Consultant all outstanding invoices within fourteen (14) days. If the work suspension exceeds thirty (30) days from the effective work suspension date, Consultant shall be entitled to renegotiate the Project schedule and the compensation terms for the Project. Termination The Client or Consultant may terminate services on the Project upon seven (7) days written notice without cause or in the event of substantial failure by the other party to fulfill its obligations of the terms hereunder. Consultant shall submit an invoice for services performed up to the effective date of termination and the Client shall pay Consultant all outstanding invoices, together with all costs arising out of such termination, within fourteen (14) days. The Client may withhold an amount for services that may be in dispute provided that the Client furnishes a written notice of the basis for their dispute and that the amount withheld represents a reasonable value. Page 1 of 2 Tt Terms & Conditions, Rev 04/01/17

Authorized Representative The Project Manager assigned to the Project by Consultant is authorized to make decisions or commitments related to the project on behalf of Consultant. Only authorized representatives of Consultant are authorized to execute contracts and/or work orders on behalf of Consultant. The Client shall designate a representative with similar authority. Email messages between Client and members of the project team shall not be construed as an actual or proposed contractual amendment of the services, compensation or payment terms of the Agreement. Project Requirements The Client shall confirm the objectives, requirements, constraints, and criteria for the Project at its inception. If the Client has established design standards, they shall be furnished to Consultant at Project inception. Consultant will review the Client design standards and may recommend alternate standards considering the standard of care provision. Independent Consultant Consultant is and shall be at all times during the term of this Agreement an independent consultant and not an employee or agent of the Client. Consultant shall retain control over the means and methods used in performing Consultant s services and may retain subconsultants to perform certain services as determined by Consultant. Compliance with Laws Consultant shall perform its services consistent with sound professional practice and endeavor to incorporate laws, regulations, codes, and standards applicable at the time the work is performed. In the event that standards of practice change during the Project, Consultant shall be entitled to additional compensation where additional services are needed to conform to the standard of practice. Permits and Approvals Consultant will assist the Client in preparing applications and supporting documents for the Client to secure permits and approvals from agencies having jurisdiction over the Project. The Client agrees to pay all application and review fees. Limitation of Liability In recognition of the relative risks and benefits of the project to both the Client and Consultant, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of Consultant and its subconsultants to the Client and to all construction contractors and subcontractors on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of Consultant and its subconsultants to all those named shall not exceed $50,000 or the amount of Consultant s total fee paid by the Client for services under this Agreement, whichever is the greater. Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, breach of contract or warranty. Consequential Damages Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the Client nor Consultant, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the Client and Consultant shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project or with this Agreement. Waiver of Subrogation Consultant shall endeavor to obtain a waiver of subrogation against the Client, if requested in writing by the Client, provided that Consultant will not increase its exposure to risk and Client will pay the cost associated with any premium increase or special fees. Environmental Matters The Client warrants that they have disclosed all potential hazardous materials that may be encountered on the Project. In the event unknown hazardous materials are encountered, Consultant shall be entitled to additional compensation for appropriate actions to protect the health and safety of its personnel, and for additional services required to comply with applicable laws. The Client shall indemnify Consultant from any claim related to hazardous materials encountered on the Project except for those events caused by negligent acts of Consultant. Cost Opinions Consultant shall prepare cost opinions for the Project based on historical information that represents the judgment of a qualified professional. The Client and Consultant acknowledge that actual costs may vary from the cost opinions prepared and that Consultant offers no guarantee related to the Project cost. Contingency Fund The Client acknowledges the potential for changes in the work during construction and the Client agrees to include a contingency fund in the Project budget appropriate to the potential risks and uncertainties associated with the Project. Consultant may offer advice concerning the value of the contingency fund; however, Consultant shall not be liable for additional costs that the Client may incur beyond the contingency fund they select unless such additional cost results from a negligent act, error, or omission related to services performed by Consultant. Safety Consultant shall be responsible solely for the safety precautions or programs of its employees and no other party. Information from Other Parties The Client and Consultant acknowledge that Consultant will rely on information furnished by other parties in performing its services under the Project. Consultant shall not be liable for any damages that may be incurred by the Client in the use of third party information. Force Majeure Consultant shall not be liable for any damages caused by any delay that is beyond Consultant s reasonable control, including but not limited to unavoidable delays that may result from any acts of God, strikes, lockouts, wars, acts of terrorism, riots, acts of governmental authorities, extraordinary weather conditions or other natural catastrophes, or any other cause beyond the reasonable control or contemplation of either party. Waiver of Rights The failure of either party to enforce any provision of these terms and conditions shall not constitute a waiver of such provision nor diminish the right of either party to the remedies of such provision. Warranty Consultant warrants that it will deliver services under the Agreement within the standard of care. No other expressed or implied warranty is provided by Consultant. Severability Any provision of these terms later held to be unenforceable shall be deemed void and all remaining provisions shall continue in full force and effect. In such event, the Client and Consultant will work in good faith to replace an invalid provision with one that is valid with as close to the original meaning as possible. Survival All obligations arising prior to the termination of this Agreement and all provisions of these terms that allocate responsibility or liability between the Client and Consultant shall survive the completion or termination of services for the Project. Assignments Neither party shall assign its rights, interests, or obligations under the Agreement without the express written consent of the other party. Governing Law The terms of Agreement shall be governed by the laws of the state where the services are performed provided that nothing contained herein shall be interpreted in such a manner as to render it unenforceable under the laws of the state in which the Project resides. Collection Costs In the event that legal action is necessary to enforce the payment provisions of this Agreement if Client fails to make payment within sixty (60) days of the invoice date, Consultant shall be entitled to collect from the Client any judgment or settlement sums due, reasonable attorneys fees, court costs, and expenses incurred by Consultant in connection therewith and, in addition, the reasonable value of Consultant s time and expenses spent in connection with such collection action, computed at Consultant s prevailing fee schedule and expense policies. Equal Employment Opportunity Consultant will comply with federal regulations pertaining to Equal Employment Opportunity. Consultant is in compliance with applicable local, state, and federal regulations concerning minority hiring. It is Consultant s policy to ensure that applicants and employees are treated equally without regard to race, creed, sex, color, religion, veteran status, ancestry, citizenship status, national origin, marital status, sexual orientation, or disability. Consultant expressly assures all employees, applicants for employment, and the community of its continuous commitment to equal opportunity and fair employment practices. Attorney Fees Should there be any suit or action instituted to enforce any right granted in this contract, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney fees from the other party. The party that is awarded a net recovery against the other party shall be deemed the substantially prevailing party unless such other party has previously made a bona fide offer of payment in settlement and the amount of recovery is the same or less than the amount offered in settlement. Reasonable attorney fees may be recovered regardless of the forum in which the dispute is heard, including an appeal. Third Party Beneficiaries Nothing in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or the Consultant. The Consultant s services under this Agreement are being performed solely for the Client s benefit, and no other entity shall have any claim against the Consultant because of this Agreement or the performance or nonperformance of services hereunder. The Client agrees to include a provision in all contracts with contractors and other entities involved in this project to carry out the intent of this paragraph. Lien Rights Consultant may file a lien against the Client s property in the event that the Client does not make payment within the time prescribed in this Agreement. The Client agrees that services by Consultant are considered property improvements and the Client waives the right to any legal defense to the contrary. Captions The captions herein are for convenience only and are not to be construed as part of this Agreement, nor shall the same be construed as defining or limiting in any way the scope or intent of the provisions hereof. Page 2 of 2 Tt Terms & Conditions, Rev 04/01/17

No Room for proper flashing. After Windows Sealed Off to allow flashing. New light tubes to restore lost daylight.

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CITY OF BRIGHTON REPORT FROM THE CITY MANAGER TO CITY COUNCIL April 19, 2018 SUBJECT: DISCUSSION AND CONSIDER STAFF DIRECTION ON UPCOMING CITY HALL BUDGETED MAINTENANCE PROJECTS (SHORELINE) City Staff is has been in the planning and implementation stages of two budgeted and critically needed City Hall maintenance projects: The City Hall Roof and City Hall Shoreline Restoration Project. CITY HALL SHORELINE The existing shoreline adjacent to City Hall has suffered from extensive erosion. The existing wood seawall on the east side of City Hall has failed and is in need of replacement. Further, the failure of this wall has created safety concerns directly adjacent. The shoreline restoration/sea wall replacement was budgeted in the FY 2016/17 Budget. The millpond is subject to review by the DEQ for any seawall, or shoreline treatments. Further, particularly on waterways such as the millpond, the DEQ, and other interested parties such as the Huron River Watershed Council, have been working to promote natural shoreline treatments to manage erosion. Natural shoreline treatments are also easier to get permitted by the DEQ. Staff along with the DDA s Landscape Consultant presented shoreline restoration efforts and concepts to City Council at its March 2, 2017 City Council Meeting. The City of Brighton was awarded a DEQ permit for a natural shoreline restoration that would replace the existing sea wall using coir logs and native plantings to stabilize the shore. Although the permitting work was completed by staff, additional assistance was sought from the City s Planning Consultant and their staff landscape architect, to develop a design concept, material list, and scope of work for the development of a Request for Proposal. Staff had originally thought to do this work in house, DPW s work load particularly as it relates to the sign replacement program and its equipment limitations, makes completing this work by staff a challenge. Staff is preparing to let the RFP by the end of April, but would like City Council approval on the existing design concept. City Council will see this item again once proposals are received and a contractor is recommended. BENEFITS Helps restore the natural shoreline Halts erosion Provides a more visually appealing shoreline consistent with efforts taking place on the east shoreline Helps create a barrier to waterfowl Reduces staff maintenance once established by eliminating turf Provides natural habitat for a variety of species particularly pollinators RECOMMENDATION Approval of the shoreline restoration design concept. Prepared by: Reviewed & Approved by: Nate Geinzer, City Manager Nate Geinzer, City Manager

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