AGENDA CITY OF GROSSE POINTE PARK TAX INCREMENT … Meeting... · NORTHWEST TAX INCREMENT FINANCE AUTHORITY OF THE CITY OF GROSSE POINTE PARK SPECIAL MEETING July 28th, 2020 6:30pm

AGENDA

CITY OF GROSSE POINTE PARK

TAX INCREMENT FINANCE AUTHORITY MEETING

October 22, 2020, 7pm

SPECIAL NOTICE: To continue to minimize the spread of COVID-19, this meeting will

be held electronically via the Zoom application. See instructions below for how to join

the meeting and guidelines for meeting conduct.

I. Call to Order

II. Roll Call

III. Consent Agenda

• Approval of July 28th Meeting Minutes

IV. Public Comment Agenda Items

V. Updates – TIFA COVID-19 Reopening Assistance Program and GPP Social

District

VI. Approval of Demolition Contractor

VII. Consideration of Parking Study Bids

VIII. Setting Informational Meeting Date

IX. New/Old Business

X. Public Comment Non-Agenda Items

XI. Adjournment

ZOOM MEETING AND TELECONFERENCE INFORMATION

- Go to zoom.us - Meeting ID: 852 8844 2360 - Password: 764521

Dial In Information

+1 312 626 6799 US (Chicago)

+1 646 558 8656 US (New York)

+1 301 715 8592 US (Germantown)

+1 346 248 7799 US (Houston)

+1 669 900 9128 US (San Jose)

+1 253 215 8782 US (Tacoma)

Meeting ID: 852 8844 2360

Passcode: 764521

Michigan Relay is a communications system that allows hearing persons and deaf, hard

of hearing, or speech-impaired persons to communicate by telephone. Users may reach

Michigan Relay by dialing 7-1-1 and then connection with Zoom conference number

above. There is no additional charge to use this service. Please contact

[email protected] with any other requests for accommodations.

How to Submit Public Comment

There will be two options for how to submit a public comment for this meeting: attending the Zoom meeting or written comment. There will be two public comment periods: one before agenda items at the beginning of the meeting and one at the end of the meeting for new/old business. Spoken comments will be limited to three minutes. Written comments will be limited to 250 words.

Members of the public wishing to make a comment via Zoom will need to either join the meeting through the app on their computer/tablet/mobile phone and/or dial in to the phone number listed on the public notice. All spoken comments through the Zoom app or the phone will be limited to three minutes. The provided meeting guidelines outline the process for teleconferencing comments that will be followed during the meeting.

Written comments can be submitted directly to [email protected]. If you are submitting two written comments, please type either Public Comment Agenda Items or Public Comment Non-Agenda Items in the subject line of your email. Written submissions need to be 250 words or less and be submitted by 5pm on Wednesday, October 21st.

Guidelines for Public Participants

1. All virtual meetings will be conducted via Zoom with a dial-in option. If you join

the meeting utilizing the Zoom app on your computer/tablet/phone, you will be

able to listen, see the Board members, and make a public comment if you desire

to do so. We are not allowing the public to utilize a webcam during the

meeting. If you join the meeting with your webcam on, it will be disabled by the

host.

2. All meeting materials and meeting information is available on the City website at

www.grossepointepark.org

3. The meeting will start promptly at the time listed on the meeting notice. Public

participants will be permitted to join the meeting five minutes before the

meeting is scheduled to start.

4. When you are ready to join the meeting, please make sure your line is muted to

decrease background noise. Public participant lines have to remain muted until

the public comment portion of the meeting. Also make sure your webcam is

disabled before you join. If you join the meeting with your webcam on, it will be

disabled by the host.

5. If you decide you want to make a public comment, please utilize the raise hand

function in the Zoom app or on the phone during the agenda item before the

appropriate public comment period. To raise your hand on the phone, press

*9. Staff will add you to the public comment queue list for the next public

comment period. Please note that all public participants are only allowed

one three-minute public comment per public comment period.

6. When each public comment period begins, the Chair will review the process

for public comments. After the process is reviewed, the Chair will call on a Staff

member to read any public comments that were submitted via written statement.

When those are completed, the Chair will call for any spoken public comment. A

staff member will call on public participants by either the last four digits of your

phone number or your participant name listed in the Zoom app. Public

participants will be called in the order they were added to the queue list. Public

participants who do not respond within ten seconds of their phone number or

screen name being called will be skipped and the next person in line will be

called on. This method will continue until all public participants have had the

opportunity to comment. All public comments shall not exceed three minutes

and a timer will be displayed on the screen.

7. Once the public comment period is done, the Chair will either continue with the

next agenda item or end the meeting.

Hosts will have the ability to and will remove participants from the meeting

if they breach the peace in such a way that disrupts or interferes with the

meeting.

1

NORTHWEST TAX INCREMENT FINANCE AUTHORITY OF THE

CITY OF GROSSE POINTE PARK

SPECIAL MEETING

July 28th, 2020

6:30pm

CALL TO ORDER

A meeting of the Grosse Pointe Park Northwest Tax Increment Finance Authority (“TIFA”) was called

to order by Chair James Odell

ROLL CALL

Present: James Odell, Patrick Mann, Joe Tompkins. John Hughes, Tom McDonald, and Curt Ralstrom.

Also Present: Nick Sizeland, Administrative Director and City Manager; Dennis Levasseur, TIFA

Attorney; Jake Howlett, City Attorney; and Leah Smith, Assistant to the City Manager

Excused Absences: Randy Cousineau, Adi Kokoshi, Marcia Fairrow, Sonny Mio, and James DePuys,

RESPONSE TO QUESTIONS REGARDING ACT 57 COMPLIANCE

Chairman Odell read a letter written by City Attorney Howlett regarding ongoing allegations that the

TIFA board is not in compliance with Act 57.

A resident commented that Act 57 required the TIFA Board to formally adopt its budget after the City

Council’s approval asserting that the TIFA is not permitted to spend any money in a fiscal year (which

started 7/1/20) without an adopted budget.

After the City Council approves the budget that the TIFA Board has already approved, there is no

requirement that the TIFA Board approve it again or formally adopt it by vote. Once the City Council

approves the TIFA budget, all that the TIFA Board must do under the statute is to put it into effect.

APPROVAL OF CONSENT AGENDA

Chairman Odell presented the consent agenda for approval to the board.

Chairman Odell stated that the approval of bid for building demolition is no longer a consent agenda

item due to community concerns.

Numerous Board Members stated the desire to talk about the parking issues further.

Motion by Chairman Odell, support by Mann, to approve the consent agenda with the

• Approval of March 4th Meeting Minutes

o AYES: Board members Mann, Hughes, McDonald, Ralstrom and Chairman

Odell

o ABSTAINED: Board member Tompkins

• Approval of May 11th Meeting Minutes

o AYES: Board members Mann, Hughes, Tompkins, McDonald, Ralstrom and

Chairman Odell

• Approval of July 15th Meeting Minutes

2

o AYES: Board members Mann, Hughes, Tompkins, McDonald, Ralstrom and

Chairman Odell

• Approval of COVID-19 Reopening Assistance Program

o AYES: Board members Mann, Hughes, Tompkins, McDonald, Ralstrom and

Chairman Odell

EXPANSION OF PARKING

Chairman Odell stated that numerous residents on the 1400 block of Lakepointe Street have vocalized

concerns regarding the proposed construction of another parking lot on Lakepointe and summarized a

letter jointly written by homeowners in the area. The letter focused on the lack of a parking study to

support the need for an additional parking lot.

City Manager Sizeland stated that the Administration would recommend that the TIFA Board initiate a

parking study to consider all possibilities for how to address the ongoing parking concerns throughout

the District.

Motion by Board member Ralstrom, support by Chairman Odell, to direct the City Manager to solicit

bids for a parking study.

AYES: Board members Mann, Ralstrom. McDonald, and Chairman Odell,

NAYS: Board members Hughes and Tompkins.

PUBLIC COMMENT ON AGENDA ITEMS

Three members of the public made verbal comments.

GPP BUSINESS ASSOCIATION

Board member Odell provided a brief summary of the GPP Business Association history. The GPP

Business Association was started in 1972 and was dissolved in 2011. The association was dissolved

because members stopped attending the meetings.

City Manager Sizeland stated that the need for the reestablishment of the GPP Business Association

became clear during the COVID-19 pandemic. City Administration realized that there was no way to

contact all GPP businesses easily and through one outlet. The reestablishment of the GPP Business

Association would allow for a simple way to convey messages to all local businesses and also provide

local businesses a platform to raise concerns and issues to the City.

CLOSED DOOR SESSION – REAL ESTATE

Board member Odell stated that the closed session was no longer needed.

NEW/OLD BUSINESS

Board member Tompkins inquired on if it would be possible for the City Administration to solicit bids

for cost of the demolition of the two buildings in conjunction with the parking study since the Board

already approved soliciting bids for the building demolition.

Chairman Odell stated that he would speak with the City Manager and determine how to move

3

forward.

PUBLIC COMMENT NON-AGENDA ITEMS

Assistant to the City Manager Smith stated that there was one submitted comment that would not be

read because it did not follow the public comment guidelines provided in the meeting notice.

Assistant to the City Manager Smith read one written comment.

Two members of the public made verbal comments.

1 5 1 1 5 E A S T J E F F E R S O N A V E N U E G R O S S E P O I N T E P A R K , M I C H I G A N 4 8 2 3 0

P H O N E ( 3 1 3 ) 8 2 2 - 6 2 0 0

TO: TIFA Board

FROM: Leah Smith, Assistant to the City Manager

CC: Nick Sizeland, City Manager/TIFA Director

RE: Update on TIFA COVID-19 Reopening Assistance Program & GPP Social District

Dear Board Members,

I am writing to provide a brief update on the TIFA COVID-19 Reopening Assistance

Program and the GPP Social District.

TIFA COVID-19 Reopening Assistance Program

As of October 19th, we have received twelve letters of interest requesting funding and

ten businesses have been awarded funds. Two applicants were not awarded funding

because their applications did not meet the program requirements.

The following businesses have been awarded the following amounts:

Cellar 313 $3,500

Grosse Pointe Animal Clinic $177

Marge’s Bar $3,500

O’Flaherty’s $3,500

Sweeties $700

The Charlevoix $3,500

Excalibur Park $3,500

Rustic Cabins $3,000

Cornwall Bakery $3,090

Brick’s Pizzeria $3,500

TOTAL AMOUNT AWARDED $27,967

TOTAL AMOUNT EXPENDED $16,543

Out of the $50,000, $22,033 has not been awarded. All open grant contracts will need

to be closed out by October 31st, 2020.

GPP Social District

The Grosse Pointe Park Social District officially opened on September 18th. Temporary

signage has been installed and City Administration is currently working with the

finalists of the design contest to finalize the logo design. Once the logo design is

finalized, permanent signs will be ordered and installed.

Four businesses have applied for and received the Social District permit through the

Michigan Liquor Control Commission:

- O’Flaherty’s

- Brick’s Pizzeria

- Red Crown

- Rustic Cabins

We do have a list of the participating businesses on the City website.

1 5 1 1 5 E A S T J E F F E R S O N A V E N U E G R O S S E P O I N T E P A R K , M I C H I G A N 4 8 2 3 0

P H O N E ( 3 1 3 ) 8 2 2 - 6 2 0 0

City of Grosse Point Park Bid Tabulation:

Building and House Demolition

The City of Grosse Pointe Park received the following quotes for a building and house

demolition for the DPW Building site prep through a formal advertisement on Bidnet:

• Inner City Contracting, LLC: $81,950

The City did receive three additional bids that were determined to be incomplete for

not following the bid instructions.

Inner City Contracting, LLC. 18701 Grand River Avenue

Detroit, Michigan 48223 Cell: 313-402-9178

October 15, 2020 Attn: Pat Thomas [email protected] City of Grosse Pointe Park 15155 East Jefferson Avenue Grosse Pointe Park, MI 48230 RE: RFP-DPW-1082020-Demolition of House & Building, 1480 Wayburn Street & 15032-46 Mack Avenue, Grosse Pointe Park, Michigan 48230 Good Day Pat, Pursuant to your request for Demolition, Load Out, and Backfilling of the above Referenced Locations, Inner City Contracting LLC. (ICC) offers the following: • 1480 Wayburn Street @ $14,120.00 Lump Sum • 15032-46 Mack Avenue @ $64,080.00 Lump Sum • Environmental Assessment of both Locations @ $3,750.00 Lump Sum

We acknowledge Addendums #1 & #2. Included: Chain Link Fencing of Sites, Backfill with Clean Fill, Demolition Notifications to MEGLE, Demolition Permits, Proper Disposal/Recycling of Demolition Debris

Excluded: Obtaining Building Utility Disconnects, Asbestos/Hazardous Materials Abatement, Concrete Restoration, or Landscape Restoration

Please call me if you have any further questions at 313-402-9178. Sincerely, Curtis Johnson Curtis Johnson Inner City Contracting LLC.

1 5 1 1 5 E A S T J E F F E R S O N A V E N U E G R O S S E P O I N T E P A R K , M I C H I G A N 4 8 2 3 0

P H O N E ( 3 1 3 ) 8 2 2 - 6 2 0 0

City of Grosse Point Park Bid Tabulation:

TIFA Parking Study

The City of Grosse Pointe Park received the following quotes for a parking study for

the TIFA District:

• Rich & Associations Parking Consultant; $25,000

• McKenna; $31,500

• OHM Advisors; $18,300

1

[email protected]

From: Dave Burr <[email protected]>Sent: Monday, August 31, 2020 8:03 AMTo: [email protected]: David RichSubject: RE: Parking Study Questions

Good Morning Leah, We have discussed the project for the City. Assuming we would perform a typical parking study with determination of parking needed and supplied not only for the commercial blocks but also analyzing the amount of parking needed and supplied for each of the residential blocks (private and public on-street) as well as other typical tasks, we are estimating a costs of between $20,000 and $25,000. We think that this should be sufficient budget to accomplish the anticipated task necessary. We, of course, would tailor the costs to a specified scope of work. We would expect that there would be several meetings to review the scope of work prior to the beginning of the effort as well as throughout the data collection and preliminary analysis phases as well as a final presentation to the board. Should you or Mr. Sizeland have any questions regarding such a study, I hope that you will not hesitate to contact us. Although in person meetings are difficult to arrange at this time, we would be happy to discuss this with you further in a virtual meeting if desired. We look forward to the opportunity to assist the City of Grosse Pointe Park. Dave Dave Burr Senior Planner / Director of Parking Planning Rich & Associates | Parking Consultants b. 248.353.5080 c. 248.421.9908 f. 248.353.3830 richassoc.com

2

From: [email protected] <[email protected]> Sent: Wednesday, August 26, 2020 4:10 PM To: 'Dave Burr' <[email protected]> Cc: 'David Rich' <[email protected]>; Nick Sizeland <[email protected]> Subject: RE: Parking Study Questions Good Afternoon Dave, Thank you for responding. Yes, would like to include the residential streets. I also wanted to share for time line purposes that we would need the quote by COB next Wednesday, September 2nd. Please let me know if you have any additional questions. Thank you! Leah Smith, Assistant to the City Manager City of Grosse Pointe Park Direct: 313.822.1183

From: Dave Burr <[email protected]> Sent: Wednesday, August 26, 2020 8:58 AM To: [email protected] Cc: David Rich <[email protected]> Subject: Parking Study Questions Good Morning Leah As David Rich mentioned, he forwarded your request to me. You indicated in the email the boundaries of the TIFA district to include the three commercial areas on Mack, Charlevoix and Kercheval. You also indicated that it included the residential streets of Wayburn, Maryland, Lakepointe, Beaconsfield, Vernor and St. Paul. From this I am assuming that the study would want to determine for these residential streets, the amount of parking needed versus what can be provided in the parking in the alleys and on-street. It obviously takes more effort to get an accurate idea of how many cars are associated with each residence so I want to make sure that is something that is being requested. A study that we would traditionally perform would involve an accurate inventory of the parking supply (public and private, on-street and off-street) within the study area. We also look for the amount of parking demand by getting an inventory of the land uses commercial etc. and the residential properties. We would also perform stakeholder interviews, public meetings, utilization counts and various meetings with staff and officials. There could be other things included depending on the requested scope of work. If you can confirm if the residential streets are to be included in the demand and supply assessment that would be great. With that, I could provide a range of costs for such a study. Dave Burr Senior Planner / Director of Parking Planning Rich & Associates | Parking Consultants b. 248.353.5080 c. 248.421.9908 f. 248.353.3830

3

richassoc.com

September 2, 2020 Mr. Nick Sizeland City Manager City of Grosse Pointe Park 15115 East Jefferson Avenue Grosse Pointe Park, Michigan 48230 Subject: Quote for Parking Study, City of Grosse Pointe Park, MI TIFA District Dear Mr. Sizeland: We understand that the Grosse Pointe Park Tax Increment Financing Authority (TIFA) is desirous of conducting a parking study of its northwest district, the boundary of which is Mack Avenue on the north, the northern boundary of the Grosse Pointe Park Jefferson Avenue Downtown Development Authority (“DDA”) on the south, the City limits on the west, and the eastern edges of the alley between Beaconsfield and Nottingham on the east (and inclusive of residential streets of Wayburn, Maryland, Lakepointe, Beaconsfield, Vernor, and St. Paul and the primary commercial streets of Mack Avenue, Charlevoix, and Kercheval). Project Understanding To move the parking study project forward, City Administration is requesting a cost estimate – or quote – to perform the work, which we are pleased to provide. Recently, we’ve scoped and priced a parking study for a similarly-sized district with similar traditional character in which we included extensive public engagement as well as existing conditions analysis by a McKenna partner, Quantifly, who uses drone technology to document parking supply and demand. That proposal was for $31,500 and included special features such as an online survey, two open houses, and the “platinum level” digital analysis of conditions. For a similar level of effort, the Grosse Pointe Park TIFA Parking Study would be within the range of $28,000 - $31,500. That said, we could dial back the public engagement and perform traditional existing conditions analysis + supply and demand review for a lower overall cost to the TIFA. Utilizing the more traditional scope model and depending on the number of meetings with the TIFA Board and level of public engagement, we estimate that the price of the Parking Study would be between $18,000 and $23,000. Process Efficiencies Please note that there may be process efficiencies that could lead to a more detailed and robust report and/or more significant public input if we are chosen to prepare the Master Plan; by combining data collection, public engagement, and other routine planning tasks, we may be able to bring additional value to the table and paint the most comprehensive picture and TIFA area understanding possible.

Grosse Pointe Park, MI · TIFA Parking Study Quote 2

We hope that this Parking Study Quote is helpful as the TIFA Board considers its options. Please don’t hesitate to reach out with questions or requests for additional detail. Thank you, as always, for considering our team. Respectfully submitted, McKENNA

Sarah Traxler, AICP Executive Vice President Cc: John Jackson, AICP, President

September 1, 2020

CITY OF GROSSE POINTE PARK15115 East Jefferson Avenue Grosse Pointe Park, MI 48230

Attention: Mr. Nick SizelandCity Manager

Subject: Northwest TIFA District Parking Study Proposal for Engineering Services

Dear Mr. Sizeland;

Orchard, Hiltz & McCliment, Inc. (OHM) is pleased to submit this proposal for engineering services for a parking study for a portion of the city.

PROJECT UNDERSTANDING

The City of Grosse Pointe Park is looking to have a parking study performed for the Northwest Tax Increment Financing Authority (TIFA) District. The TIFA district boundaries are defined as the area bordered by Mack Avenue on the north, the northern boundary of the Grosse Pointe Park Jefferson Avenue Downtown Development Authority (“DDA”) on the south, the City limits on the west, and the eastern edges of the alley between Beaconsfield and Nottingham on the east. The area includes the residential streets of Wayburn, Maryland, Lakepointe, Beaconsfield, Vernor, and St. Paul and the primary commercial streets of Mack Avenue, Charlevoix, and Kercheval.

This area is fully built out, with no open space available. Currently, there are a growing number of businesses asking for more parking in the TIFA district. Given the economic stresses of these times of pandemic, the City wants to assist their community businesses. They seek a clearer understanding of the location, magnitude and duration of parking demands to best respond to the challenges of these times.

SCOPE OF SERVICE

OHM Advisors proposes to conduct a parking evaluation that takes the form of a supply and demand study. The work tasks will include:

Inventory of Current Parking – An inventory of parking will be conducted. This inventory will compile available parking on-street in a block by block format. Additionally, it will tally parking available in off-street parking lots, whether public or privately owned. Each block and parking lot will be considered a sub-area.

DRAFT

Mr. Nick Sizeland – City ManagerSeptember 1, 2020Page 2 of 3

The inventory will make note of the typical marked parking stall sizes and indicate the number and location of stalls that provide barrier free parking for those displaying a handicap placard or license plate. Any deficiencies in the signs or markings for barrier free parking will be noted and provided to the City.

Please note that we are not planning on inventorying the parking available in the various alleys that serve the residential housing within the TIFA District.

Typical Parking Demand by Time of Day – Our study team will collect parking usage data in the TIFA study area. Once an hour, staff will circulate through the area, documenting how many of the available parking spots are occupied by vehicles. The parking demand data will be directly related to the format for inventory, block by block for on-street and the number within each designated off-street lot.

Our plan is to collect 20 hours of data, a 10-hour period for a single day midweek (Tuesday, Wednesday or Thursday) and a second 10-hour period on a Saturday. The hours of data collection for each day would typically be from 10 a.m. to 8 p.m.

Analysis and Recommendations – The parking data will be reviewed and evaluated. The maximum parking usage will be noted for each sub-area, with blocks or lots achieving 90 percent or more particularly noted. The typical graphical depiction that will be used to present the data will be chart that shows usage by time of day compared to the total available parking for each sub-area.

We will provide a report summarizing the study methodology, inventory and parking data collected, deficiencies noted and locations with highest demands compared to supply. As appropriate, we will make recommendations to the city for locations where providing additional parking capacity would be most advantageous.

Meetings – We plan on two project meetings: a kickoff meeting at the start to ensure a full understanding of the City’s goals and objectives, and a project synopsis reporting our findings and recommendations. It is anticipated that these meeting will be held via teleconferencing methods. Further, we plan on a weekly status update will be provided by way of a phone call throughout the project duration.

SCHEDULE

The project is intended to be completed within 21 calendar days from the Notice to Proceed.

FEE SCHEDULE

Services for the study will be performed on an hourly, not to exceed basis. A breakdown of this effort is provided in the table below:

Task FeeInventory of Current Parking......................................................$5,800.00Typical Parking Demand by Time of Day ...............................$9,400.00Analysis and Recommendations .................................................$3,100.00TOTAL ESTIMATED FEE.........................................$18,300.00

Mr. Nick Sizeland – City ManagerSeptember 1, 2020Page 3 of 3

Compensation will be based on hourly rates times the cumulative hours worked. OHM will invoice the City on a monthly basis in accordance with OHM’s 2020 rate schedule (attached).

We thank you for this opportunity to provide professional engineering services. Please do not hesitate to contact us if you have questions. Should you find our proposal acceptable, please execute both copies of the attached agreement and return one copy to us for our files.

Sincerely,

OHM Advisors

Patrick Droze, P.E.

Cc: Steve Dearing, PEMarguerite Novak

Encl: Standard Terms and Conditions2020 Rate Schedule

City of Grosse Pointe ParkNorthwest TIFA District Parking StudyEngineering Services

Accepted By:

Printed Name:

Title:

Date:

Rev 11-2012\March 2003 Page 1 of 2

STANDARD TERMS and CONDITIONSSTANDARD TERMS and CONDITIONSSTANDARD TERMS and CONDITIONSSTANDARD TERMS and CONDITIONS 1. THE AGREEMENT – These Standard Terms and Conditions and the attached Proposal or Scope of Services, upon their acceptance by the Owner, shall constitute the entire Agreement between Orchard, Hiltz & McCliment, Inc. (OHM ADVISORS), a registered Michigan Corporation, and the Owner. The Agreement shall supersede all prior negotiations or agreements, whether written or oral, with respect to the subject matter herein. The Agreement may be amended only by mutual agreement between OHM ADVISORS and the Owner and said amendments must be in written form. 2. SERVICES TO BE PROVIDED – OHM ADVISORS will perform the services as set forth in the attached proposal or scope of services which is hereby made a part of the Agreement. 3. SERVICES TO BE PROVIDED BY OWNER – The Owner shall at no cost to OHM ADVISORS:

a) Provide OHM ADVISORS personnel with access to the work site to allow timely performance of the work required under this Agreement. b) Provide to OHM ADVISORS within a reasonable time frame, any and all data and information in the Owners possession as may be required by OHM ADVISORS to perform the services under this Agreement. c) Designate a person to act as Owners representative who shall have the authority to transmit instructions, receive information, and define Owner policies and decisions as they relate to services under this Agreement.

4. PERIOD OF SERVICE – The services called for in this Agreement shall be completed within the time frame stipulated in the Proposal or Scope of Services, or if not stipulated shall be completed within a time frame which may reasonably be required for completion of the work. OHM ADVISORS shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this agreement resulting from any cause beyond OHM ADVISORS reasonable control. 5. COMPENSATION – The Owner shall pay OHM ADVISORS for services performed in accordance

with the method of payment as stated in the Proposal or Scope of Services. Method of compensation may be lump sum, hourly; based on a rate schedule, percentage of the construction cost, or cost plus a fixed fee. The Owner shall pay OHM ADVISORS for reimbursable expenses for subconsultant services, equipment rental or other special project related items at a rate of 1.15 times the invoice amount. 6. TERMS OF PAYMENT – Invoices shall be submitted to the Owner not more often than monthly for services performed during the preceding period. Owner shall pay the full amount of the invoice within thirty days of the invoice date. If payment is not made within thirty days, the amount due to OHM ADVISORS shall include a charge at the rate of one percent per month from said thirtieth day. 7. LIMIT OF LIABILITY – OHM ADVISORS shall perform professional services under this Agreement in a manner consistent with the degree of care and skill in accordance with applicable professional standards of services of this type of work. To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total liability in the aggregate, of OHM ADVISORS and its Officers, Directors, Partners, employees, agents, and subconsultants, and any of them, to the Owner and anyone claiming by, through or under the Owner, for any and all claims, losses, costs or damages of any nature whatsoever arises out of, resulting from or in any way related to the project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract or warranty, express or implied, of OHM ADVISORS or OHM ADVISORS’ Officers, Directors, employees, agents or subconsultants, or any of them shall not exceed the amount of $25,000 or OHM ADVISORS fee, whichever is greater. 8. ASSIGNMENT – Neither party to this Agreement shall transfer, sublet, or assign any duties, rights under or interest in this Agreement without the prior written consent of the other party.

Rev 11-2012\March 2003 Page 2 of 2

9. NO WAIVER – Failure of either party to enforce, at anytime, the provisions of this Agreement shall not constitute a waiver of such provisions or the right of either party at any time to avail themselves of such remedies as either may have for any breach or breaches of such provisions. 10. GOVERNING LAW – The laws of the State of Michigan will govern the validity of this Agreement, its interpretation and performance. 11. DOCUMENTS OF SERVICE – The Owner acknowledge OHM ADVISORS’ reports, plans and construction documents as instruments of professional services. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the Owner upon completion of the work and payment in full of all monies due OHM ADVISORS, however, OHM ADVISORS shall have the unlimited right to use such drawings, specifications and reports and the intellectual property therein. The Owner shall not reuse or make any modifications to the plans and specifications without prior written authorization by OHM ADVISORS. In accepting and utilizing any drawings or other data on any electronic media provided by OHM ADVISORS, the Owner agrees that they will perform acceptance tests or procedures on the data within 30 days of receipt of the file. Any defects the Owner discovers during this period will be reported to OHM ADVISORS and will be corrected as part of OHM ADVISORS’ basic Scope of Services. 12. TERMINATION – Either party may at any time terminate this Agreement upon giving the other party 7 calendar days prior written notice. The Owner shall within 45 days of termination, pay OHM ADVISORS for all services rendered and all costs incurred up to the date of termination in accordance with compensation provisions in this Agreement. 13. OHM ADVISORS’ RIGHT TO SUSPEND ITS SERVICES – In the event that the Owner fails to pay OHM ADVISORS the amount shown on any invoice within 60 days of the date of the invoice, OHM ADVISORS may, after giving 7 days notice

to the Owner, suspend its services until payment in full for all services and expenses is received. 14. OPINIONS OF PROBABLE COST – OHM ADVISORS preparation of Opinions of Probable Cost represent OHM ADVISORS’ best judgment as a design professional familiar with the industry. The Owner must recognize that OHM ADVISORS has no control over costs or the prices of labor, equipment or materials, or over the contractor’s method of pricing. OHM ADVISORS makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual cost. 15. JOB SITE SAFETY – Neither the professional activities of OHM ADVISORS, nor the presence of OHM ADVISORS or our employees and subconsultants at a construction site shall relieve the General Contractor or any other entity of their obligations, duties, and responsibilities including, but not limited to, construction means, methods, sequences, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and the health or safety precautions required by any regulatory agency. OHM ADVISORS has no authority to exercise any control over any construction contractor or any other entity or their employees in connection with their work or any health or safety precautions. The Owner agrees that the General Contractor is solely responsible for jobsite safety, and warrants that this intent shall be made clear in the Owners agreement with the General Contractor. The Owner also agrees that OHM ADVISORS shall be indemnified and shall be made additional insureds under the General Contractors general liability insurance policy. 16. DISPUTE RESOLUTION – In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Owner and OHM ADVISORS agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation, unless the parties mutually agree otherwise.

OHM ADVISORS 2020 HOURLY RATE SCHEDULE

Rates as reflected subject to review and adjustment on an annual basis.2020 Public Rates 19-1113

Professional Engineer IV / Architect IV / Senior Interior Designer IV $180.00

Professional Engineer III / Architect III / Senior Interior Designer III $165.00

Professional Engineer II / Architect II / Senior Interior Designer II $150.00

Professional Engineer I / Architect I / Senior Interior Designer I $137.00

Project Specialist II $158.00

Project Specialist I $130.00

Graduate Engineer IV $145.00

Graduate Engineer III $135.00

Graduate Engineer II $130.00

Graduate Engineer I $120.00

Graduate Architect III / Landscape Architect III / Interior Designer III $130.00

Graduate Architect II / Landscape Architect II / Interior Designer II $110.00

Graduate Architect I / Landscape Architect I / Interior Designer I $98.00

Technician IV $135.00

Technician III $120.00

Technician II $100.00

Technician I $80.00

Engineering / Architectural / Interior Design Aide $65.00

Professional Surveyor III $160.00

Professional Surveyor II $150.00

Professional Surveyor I $135.00

Graduate Surveyor $115.00

Surveyor III $115.00

Surveyor II $108.00

Surveyor I $88.00

Surveyor Aide $65.00

Planner IV $160.00

Planner III $140.00

Planner II $118.00

Planner I $98.00

Planner Aide $65.00

Graphic Designer $110.00

Administrative Support $70.00

Clerical Aide $59.00

Principal $205.00

Sr. Associate $195.00

Associate $183.00