Regular Meeting

Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Regular Meeting Agenda Tuesday, April 5, 2022 - 7:00 PM These proceeding tonight are being recorded to help prepare the minutes, after minutes are prepared this recording will be no longer available after approval of the village council. Michigan Open Meetings Act MCL 15.262(1). Page 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. AGENDA 4.1 Agenda presented for approval 5. CONSENT AGENDA: 5.1 Minutes from the previous meetings 3-8 Regular Meeting - 01 Mar 2022 - Minutes - Pdf Special Meeting - 15 Mar 2022 - Minutes - Pdf 5.2 Expenditures 9 - 13 General Acct Expense Report 4.5.22 General Account Deposit report 4.2022 Major St. Expenses 4.5.22 Deposit report major rd 4.22 6. REPORTS: 6.1 Sheriff Deputy/Fire Dept. 14 - 16 Meeting Stats.docx - Sheriff Deputy Report Incidents March 2022 Sheriff Deputy Report 6.2 VBC Commissioner (Kurt Doroh) 7. PUBLIC COMMENTS ON AGENDA ITEMS ONLY 8. UNFINISHED BUSINESS: 8.1 Update on Dam 9. NEW BUSINESS: 9.1 Marihuana Facilities Annual Renewal / Transfer of ownership 1. Breedsville Provisioning Center 2. Demeter Group 3. Tree RX LLC 4. CANNADG Page 1 of 26  5. Pine Tree Farms 9.2 C& R - out on a Limb tree care co. Additional 2,500.00 for extra Large PineTree removal on request of Whitman. 9.3 PERFORMANCE RESOLUTION FOR 17 - 19 MUNICIPALITIES Agenda Item Report - AIR-22-003 - Pdf 9.4 Yearly Contract for Finical Audit SiegfriedCrandall, PC 9.5 Fleis & Vandenbrink Services 20 - 24 Fleis & Vandenbrink Service Agreement 2022 9.6 Memorial Day Parade Set Clean up Dates 9.7 Pot Hole Repair 25 - 26 Bid Cold Patch Roads Bid cleaning Bridge Deck 10. COMPLAINTS 10.1 50 North Pine St. 11. PUBLIC COMMENTS: 12. BOARD COMMENTS: 12.1 Attorney Updates Trustee L. Weniger Trustee B. Hibma Trustee Yeager Trustee T. Weniger President Rogusta 13. CORRESPONDENCE/ ANNOUNCEMENTS: Next Meeting DATE May 3, 2022 @ 7:00 pm 14. ADJOURNMENT 14.1 Adjournment Motion to adjourn at pm Page 2 of 26  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Regular Meeting Minutes Tuesday, March 1, 2022 7:00 PM Village Hall 1. CALL TO ORDER: Call to order @ 7:00 pm 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: PRESENT: Trustee Larry Weniger, Trustee Bruce Hibma, Trustee Tim Weniger, Trustee - Pro Temp William "Billy" Yeager, and President Steven Rogusta, Clerk Linda Norton EXCUSED: 4. AGENDA 4.1 Agenda presented for approval Moved by Trustee Larry Weniger, seconded by Trustee - Pro Temp William "Billy" Yeager, Motion to accept agenda with the addition Sidewalk Ordinance Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, Trustee Bruce Hibma, and President Steven Rogusta 5. CONSENT AGENDA: 5.1 Moved by Trustee Larry Weniger, seconded by Trustee - Pro Temp William "Billy" Yeager, Motion to accept minutes from the previous meeting as presented Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, Trustee Bruce Hibma, and President Steven Rogusta Page Page31ofof26 4  5.2 Expenditures Moved by Trustee Larry Weniger, seconded by Trustee - Pro Temp William "Billy" Yeager, Motion to pay invoices as presented Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, President Steven Rogusta, and Trustee Bruce Hibma 6. REPORTS: On file for review 6.1 Sheriff Deputy / Fire Dept. 6.2 VBC Commissioner (Kurt Doroh) 7. PUBLIC COMMENTS FOR AGENDA ITEMS ONLY: 8. UNFINISHED BUSINESS: No unfinished business 9. NEW BUSINESS: 9.1 Provisional Center Changes - new owner addressed the board. 9.2 RESOLUTION TO ADOPT THE BUDGET OF THE VILLAGE OF BREEDSVILLE FOR THE FISCAL YEAR APRIL 01, 2022 – MARCH 31, 2023 AND TO MAKE APPROPRIATIONS THEREFORE Moved by Trustee Larry Weniger, seconded by Trustee Bruce Hibma, Motion to approve the budget for 2022-2023 with the changes to the park project. Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, Trustee Bruce Hibma, and President Steven Rogusta 9.3 Setting Salaries Wages for 2022-2023 Moved by Trustee Larry Weniger, seconded by Trustee Tim Weniger, Motion to approve as presented Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, Trustee Bruce Hibma, and President Steven Rogusta Page Page42ofof26 4 9.4 Resolution to Pay Certain Monthly Expenditures to Avoid Penalties Moved by Trustee Larry Weniger, seconded by Trustee - Pro Temp William "Billy" Yeager, Motion to approve as presented Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, Trustee Bruce Hibma, and President Steven Rogusta 9.5 RESOLUTION ADOPTING THE GENERAL LAW VILLAGE ACT (1895 PA 3) Moved by Trustee - Pro Temp William "Billy" Yeager, seconded by Trustee Larry Weniger, Motion to approve as presented Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, Trustee Bruce Hibma, and President Steven Rogusta 9.6 Monthly Meetings, Fiscal Year April 2022 - March 2023 Moved by Trustee - Pro Temp William "Billy" Yeager, seconded by Trustee Tim Weniger, Motion to approve to approve as presented Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, Trustee Bruce Hibma, and President Steven Rogusta 9.7 Resolution Designation of Street Administrator Moved by Trustee Larry Weniger, seconded by Trustee Bruce Hibma, Motion to Appoint William Yeager as Street Administration Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee Tim Weniger, Trustee Bruce Hibma, and President Steven Rogusta Abstain: Trustee - Pro Temp William "Billy" Yeager 9.8 Consumers Energy Right of away permit Moved by President Steven Rogusta, seconded by Trustee Tim Weniger, Motion to approve the permit Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, Trustee Bruce Hibma, and President Steven Rogusta Page Page53ofof26 4  9.9 Sidewalk Ordinance Moved by Trustee - Pro Temp William "Billy" Yeager, seconded by Trustee Tim Weniger, Motion to approve as presented Carried by the following votes: Ayes: Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, Trustee Bruce Hibma, and President Steven Rogusta Abstain: Trustee Larry Weniger 10. COMPLAINTS 10.1 Complaint received - 50 N. Pine St. Condemned Signs removed and people going in the house Contact Chuck Moore to have signs put back up. 11. PUBLIC COMMENTS: No public comment 12. BOARD COMMENTS: 12.1 Trustee L. Weniger - No comment Trustee B. Hibma - No comment Trustee W. Yeager - No comment Trustee T. Weniger - No comment President Rogusta - No comment 13. CORRESPONDENCE / ANNOUNCEMENTS: 13.1 Correspondence: 13.2 Van Buren County Road Commission 14. ADJOURNMENT 14.1 Adjournment Moved by Trustee Larry Weniger, seconded by Trustee Tim Weniger, Motion to adjourn at 8:12 pm Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, Trustee Bruce Hibma, and President Steven Rogusta Page Page64ofof26 4  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Special Meeting Minutes Tuesday, March 15, 2022 7:00 PM 1. CALL TO ORDER: Call to order @ 7:00 pm 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: PRESENT: Trustee Larry Weniger, Trustee Bruce Hibma, Trustee Tim Weniger, Trustee - Pro Temp William "Billy" Yeager, and President Steven Rogusta, Clerk Linda Norton EXCUSED: 4. AGENDA 4.1 Agenda presented for approval Moved by Trustee Bruce Hibma, seconded by Trustee Tim Weniger, Motion to approve as presented Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee Bruce Hibma, Trustee Tim Weniger, Trustee - Pro Temp William "Billy" Yeager, and President Steven Rogusta 5. NEW BUSINESS: 5.1 RESOLUTION TO AUTHORIZE THE PRESIDENT AND CLERK TO SIGN AND ACCEPT THE CONTRACTS FOR N PINE ST PROJECT - MDOT Agreement 22- 5063 Moved by Trustee Larry Weniger, seconded by Trustee - Pro Temp William "Billy" Yeager, Motion accept Resolution as presented Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee Bruce Hibma, Trustee Tim Weniger, Trustee - Pro Temp William "Billy" Yeager, and President Steven Rogusta Page Page71ofof26 2  5.2 Removal of Trees on Pine St. Moved by Trustee Larry Weniger, seconded by Trustee Bruce Hibma, Motion to Accept C&R out on a limb bid of $18,550.00 to remove 52 trees for road project Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee Bruce Hibma, Trustee Tim Weniger, Trustee - Pro Temp William "Billy" Yeager, and President Steven Rogusta 5.3 Removal of debris around pillars of old Dam Moved by Trustee - Pro Temp William "Billy" Yeager, seconded by Trustee Bruce Hibma, Motion to Accept Krohn's bid of $1,200.00 to remove debris from the dam pillars Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee Bruce Hibma, Trustee Tim Weniger, Trustee - Pro Temp William "Billy" Yeager, and President Steven Rogusta 6. PUBLIC COMMENTS: Matt Nielson candidate for the house of representatives stated that he would like to help the village with the Dam. 7. BOARD COMMENTS: 7.1 Trustee L. Weniger - no comment Trustee Hibma - no comment Trustee Yeager - no comment Trustee T. Weniger - no comment President Rogusta - no comment 8. FINAL ANNOUNCEMENTS: Next meeting April 5th @ 7:00 pm 9. ADJOURNMENT 9.1 Adjournment Moved by Trustee - Pro Temp William "Billy" Yeager, seconded by Trustee Bruce Hibma, Motion to adjourn at 8:00 pm Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee Bruce Hibma, Trustee Tim Weniger, Trustee - Pro Temp William "Billy" Yeager, and President Steven Rogusta Page Page82ofof26 2 2:43 PM General Fund 04/02/22 Check Detail March 2 through April 2, 2022 Type Num Date Name Item Account Paid Amount Original Amount Check EFT 03/11/2022 CONSUMERS EN... 000.001 · Cash -308.92 270.921 · Utilities -308.92 308.92 TOTAL -308.92 308.92 Check EFT 03/17/2022 STATE OF MICHIG... 000.001 · Cash -510.00 441.931 · Dam Spill... -510.00 510.00 TOTAL -510.00 510.00 Check EFT 03/23/2022 CONSUMERS EN... 000.001 · Cash -322.63 441.921 · Street Lig... -322.63 322.63 TOTAL -322.63 322.63 Check Trans... 04/02/2022 Transfer out 000.002 · Savings -29,000.00 441.803 · Major Ro... -29,000.00 29,000.00 TOTAL -29,000.00 29,000.00 Check 4594 03/15/2022 Linda Norton 000.001 · Cash 0.00 TOTAL 0.00 0.00 Check 4595 03/15/2022 Linda Norton 000.001 · Cash -1,385.25 215.480 · Admistrat... -1,385.25 1,385.25 TOTAL -1,385.25 1,385.25 Check 4596 03/15/2022 MICHIGAN MUNIC... 000.001 · Cash -357.00 101.911 · MML Dues -357.00 357.00 TOTAL -357.00 357.00 Check 4597 03/15/2022 HERALD PALLADIM 000.001 · Cash -79.50 101.900 · Printing ... -79.50 79.50 TOTAL -79.50 79.50 Check 4598 04/01/2022 MML Liability and ... 000.001 · Cash -3,354.00 101.910 · Insuranc... -3,354.00 3,354.00 TOTAL -3,354.00 3,354.00 Check 4599 04/01/2022 Krohn Excavting 000.001 · Cash -1,200.00 441.931 · Dam Spill... -1,200.00 1,200.00 TOTAL -1,200.00 1,200.00 Check 4600 04/01/2022 CNA Surety Comp... 000.001 · Cash -55.00 Page 1 Page 9 of 26 2:43 PM General Fund 04/02/22 Check Detail March 2 through April 2, 2022 Type Num Date Name Item Account Paid Amount Original Amount 215.000 · Clerk -55.00 55.00 TOTAL -55.00 55.00 Check 4601 04/02/2022 ROBERT DE LOOFF 000.001 · Cash -112.50 101.808 · Zoning A... -52.50 52.50 101.807 · Blight Off... -60.00 60.00 TOTAL -112.50 112.50 Check 4602 04/02/2022 Scott Graham PLLC 000.001 · Cash -11,410.00 101.804 · Attorney -11,410.00 11,410.00 TOTAL -11,410.00 11,410.00 Check 4603 04/02/2022 FP Mailing Solutio... 000.001 · Cash -68.85 215.726 · Supplies -68.85 68.85 TOTAL -68.85 68.85 Check 4604 04/02/2022 VAN BUREN REMI... 000.001 · Cash -138.40 101.900 · Printing ... -138.40 138.40 TOTAL -138.40 138.40 Check 4605 04/02/2022 C & R out on a lim... 000.001 · Cash -21,050.00 441.974 · Tree Tri... -21,050.00 21,050.00 TOTAL -21,050.00 21,050.00 Check 4606 04/02/2022 Linda Norton 000.001 · Cash -1,385.25 215.480 · Admistrat... -1,385.25 1,385.25 TOTAL -1,385.25 1,385.25 Page 2 Page 10 of 26 6:29 AM General Fund 04/02/22 Deposit Detail March 17 through April 5, 2022 Type Date Name Memo Account Amount Deposit 04/02/2022 Deposit 000.001 · Cash 15,000.00 Demeter Group ... 2022 annual permits 000.480 · MMJ Permit -15,000.00 TOTAL -15,000.00 Deposit 04/02/2022 Deposit 000.001 · Cash 15,000.00 Breedsville Provi... 2022 Anual Permits rec/med 000.480 · MMJ Permit -10,000.00 Breedsville Provi... 2022 Transfer of Business Fee 000.480 · MMJ Permit -5,000.00 TOTAL -15,000.00 Deposit 04/04/2022 Deposit Transfer IN 000.001 · Cash 56,453.44 STATE OF MIC... Deposit wrong acct. transfer in from m... 000.439 · Marijuana Taxes -56,453.44 TOTAL -56,453.44 Page 1 Page 11 of 26 5:55 PM Major Streets 04/02/22 Check Detail March 2 through April 5, 2022 Type Num Date Name Memo Account Paid Amount Check EFT 03/23/2022 CONSUMERS ENERGY Street Light LED 000.001 · Checking Account Street lights - LED Lights 441.921 · Street Lights -173.28 TOTAL -173.28 Check EFT 03/23/2022 CONSUMERS ENERGY Street Light LED 4 way 000.001 · Checking Account Street lights - LED Lights 441.921 · Street Lights -11.89 TOTAL -11.89 Check Transfer 04/02/2022 STATE OF MICHIGAN Transfer Out Deposit Wrong account S/B General Account 000.001 · Checking Account To Local Streets per Board 000.439 · Marijuana Taxes -56,453.44 TOTAL -56,453.44 Check Transfer 04/02/2022 STATE OF MICHIGAN Transfer Out - Revenue Sharing Deposit Wrong acct. S/B G... 000.001 · Checking Account To Local Streets per Board 000.572 · Revenue Sharing -4,127.00 TOTAL -4,127.00 Check Transfer 04/04/2022 STATE OF MICHIGAN Transfer Out - Deposit Wrong acct. S/B Local Roads Janua... 000.001 · Checking Account To Local Streets per Board 000.574 · Act 51 -1,181.45 TOTAL -1,181.45 Check 828 04/02/2022 State of Michigan - MDOT MDOT00389 - CARE1591REIM21000309 - Program 129854... 000.001 · Checking Account MDOT00389 - CARE1591REIM21000309 - Program 129854... 441.801 · Construction Routine -43,778.74 TOTAL -43,778.74 Page 1 Page 12 of 26 2:30 PM Major Streets 04/02/22 Deposit Detail March 2 through April 5, 2022 Type Date Name Memo Account Amount Deposit 03/03/2022 STATE OF MICHIGAN EFT DEPOSIT 000.001 · Checking ... 4,643.21 STATE OF MICHIGAN January 2022 MTF 000.574 · Act 51 -4,643.21 TOTAL -4,643.21 Deposit 03/31/2022 STATE OF MICHIGAN Deposit IN 000.001 · Checking ... 56,453.44 STATE OF MICHIGAN Deposit wrong account 000.439 · Marijuana ... -56,453.44 TOTAL -56,453.44 Deposit 04/04/2022 Deposit Transfer IN 000.001 · Checking ... 29,000.00 Savings Account For MDOT finial Pymt road Project 2019 000.390 · Fund Bala... -29,000.00 TOTAL -29,000.00 Page 1 Page 13 of 26  VAN BUREN COUNTY SHERIFF’S OFFICE 205 South Kalamazoo Street – Paw Paw, Michigan 49079-1594 Telephone (269) 657-2006 – Fax (269) 657-5161 Daniel E. Abbott, Sheriff Kevin Conklin, Undersheriff Deputy Justin Rohn- Columbia Township Telephone: 269-767-0209 Monthly Report March 2022 This report includes incidents that occurred throughout Columbia Township and the Village of Breedsville. This month was busier with 55 total complaints taken by deputies in Columbia Township. In March, there were quite a bit of drug arrests throughout Columbia Township. In the 50000 block of County Road 388, there was a breaking and entering of a residence. There are a couple of suspects in mind; however, no one has been arrested as of today. There were only 2 incidents in the Village of Breedsville. A couple of people were attempting to get into the condemned residence on North Pine Street. The responding deputy advised them to leave as they were former tenants there. There was an unknown person who went into the Breedsville post office after hours and destroyed some property. If anyone has any information on criminal activity, it can be reported directly to me or the Van Buren County Central Dispatch at 269-657-3101. Other complaints I was dispatched to were traffic crashes and assists to other deputies outside of Columbia Township. Attached below are the monthly stats for different events and complaints that come in to VBC Dispatch and to the department cell phone. Thank you for you time. Mileage Driven in October – Approximately 1874___________ TRAFFIC STOPS: 21 CITATIONS: 6 ARRESTS: 7 PROPERTY INSPECTIONS: 25 ASSIST OTHER AGENCY: 14 – Including medicals BLIGHT/ORDINANCE (ZONING) VIOLATIONS: 5 COMPLAINTS TAKEN: 13 CRIMINAL COMPLAINTS: 13 PDA (PROPERTY DAMAGE CRASHES): 5 The Van Buren County Sheriff’s Office shall provide leadership, coordination and delivery of quality, professional law enforcement, and public safety services to the residents of Van Buren County, while respecting the rights and dignity of all persons. Page 14 of 26  Van Buren County File Class / Section Report Number Sub-Beat Date Offense Location Incident Code-Type Officer 01106-22 80-06 03/01/2022 55000 Health And Safety 11028 50th - Street 01122-22 80-06 03/02/2022 54003 Driving Law Violations 16th -- County - 681 Road 01125-22 80-06 03/02/2022 23007 LARCENY - OTHER 00601 54th - Street 01128-22 80-06 03/02/2022 50000 OBSTRUCTING JUSTICE Middle -- - Huron Street 01173-22 80-06 03/04/2022 29000 DAMAGE TO PROPERTY 18 Main Street - 01178-22 80-06 03/04/2022 22001 BURGLARY - FORCED ENTRY 04593 County - 215 Road 01179-22 80-06 03/04/2022 55000 Health And Safety 11028 50th - Street 01186-22 80-06 03/04/2022 41002 LIQUOR VIOLATIONS - OTHERBaseline -- - 57th Street 01207-22 80-06 03/06/2022 98006 Civil Matter / Family Disputes 49477 County - 388 Road 01208-22 80-06 03/06/2022 99009 General Assistance / Non- 53941 County - Criminal 388 Road 01209-22 80-06 03/06/2022 35001 VIOLATION OF CONTROLLED 47-1/2 -- - SUBSTANCE County 388 Road 01210-22 80-06 03/06/2022 50000 OBSTRUCTING JUSTICE 47-1/2 -- - County 388 Road 01222-22 80-06 03/07/2022 54003 Driving Law Violations County 215 -- - County 388 Road 01223-22 80-06 03/07/2022 50000 OBSTRUCTING JUSTICE County 215 -- - County 388 Road 01237-22 80-06 03/07/2022 35001 VIOLATION OF CONTROLLED 51-1/2 -- - SUBSTANCE County 388 Road 01247-22 80-06 03/08/2022 48000 Obstructing Police 04130 Van - Buren Street 01248-22 80-06 03/08/2022 35001 VIOLATION OF CONTROLLED Columbia -- - SUBSTANCE County 388 Road 01251-22 80-06 03/08/2022 50000 OBSTRUCTING JUSTICE 04130 Van - Buren Street 01258-22 80-06 03/08/2022 35001 VIOLATION OF CONTROLLED 51-1/2 -- - SUBSTANCE Baseline Road 01259-22 80-06 03/08/2022 50000 OBSTRUCTING JUSTICE 51-1/2 -- - Baseline Road 01263-22 80-06 03/08/2022 54003 Driving Law Violations County 384 -- - County 681 Road 01276-22 80-06 03/09/2022 55000 Health And Safety 11116 50th - Street 01282-22 80-06 03/09/2022 98007 Suspicious Situations 51377 County - 384 01291-22 80-06 03/10/2022 24002 MOTOR VEHICLE AS STOLEN 04130 Van - PROPERTY Buren Street 01322-22 80-06 03/11/2022 13002 AGGRAVATE/FELONIOUS 00601 54th - ASSAULT Street 01355-22 80-06 03/14/2022 25000 FORGERY/COUNTERFEITING 49477 County - 388 Road 01374-22 80-06 03/15/2022 99002 Natural Death 09459 50th - Street 01382-22 80-06 03/15/2022 62000 CONSERVATION 57th -- 8th - Avenue 01373-22 80-06 03/15/2022 50000 OBSTRUCTING JUSTICE County 215 -- - Report Run On: Friday April 01, 2022 2:45:00 PM Page 1 of 2 Page 15 of 26 Agency: Van Buren County Sheriff`S Office Date Range: 03/01/2022 - 03/31/2022 Number Sub-Beat Date Offense Location Incident Code-Type Officer County 384 Road 01389-22 80-06 03/16/2022 35001 VIOLATION OF CONTROLLED 11111 59th - SUBSTANCE Street 01399-22 80-06 03/16/2022 54003 Driving Law Violations 8th -- 51-1/2 - Street 01404-22 80-06 03/16/2022 54001 HIT & RUN MOTOR VEHICLE 49509 County - ACCIDENT 388 Road 01433-22 80-06 03/18/2022 54002 OPERATING UNDER THE 46th -- County - INFLUENCE OUIL OR OUID 388 Road 01447-22 80-06 03/18/2022 93001 Property Damage Accident/Pi 57th -- - Baseline Road 01453-22 80-06 03/18/2022 99009 General Assistance / Non- 04124 Huron - Criminal Street 01479-22 80-06 03/20/2022 22001 BURGLARY - FORCED ENTRY 50591 County - 388 Road 01481-22 80-06 03/20/2022 99009 General Assistance / Non- 13060 52-1/2 - Criminal Street 01484-22 80-06 03/20/2022 54003 Driving Law Violations Mr Grocery - 01491-22 80-06 03/20/2022 35001 VIOLATION OF CONTROLLED 57th -- County - SUBSTANCE 388 Road 01492-22 80-06 03/20/2022 50000 OBSTRUCTING JUSTICE 57th -- County - 388 Road 01522-22 80-06 03/22/2022 50000 OBSTRUCTING JUSTICE County 215 -- - County 384 Road 01542-22 80-06 03/22/2022 35001 VIOLATION OF CONTROLLED 14th -- 46-1/2 - SUBSTANCE Street 01548-22 80-06 03/23/2022 54003 Driving Law Violations 56th -- County - 388 Road 01555-22 80-06 03/23/2022 50000 OBSTRUCTING JUSTICE 54961 24th - Avenue 01566-22 80-06 03/24/2022 57001 Trespass 21741 County - 681 Road 01608-22 80-06 03/26/2022 93001 Property Damage Accident/Pi 16th -- 47th - Street 01627-22 80-06 03/27/2022 23005 LARCENY - THEFT FROM 68022 M-43 - MOTOR VEHICLE Highway 01632-22 80-06 03/27/2022 57001 Trespass 50591 County - 388 Road 01635-22 80-06 03/27/2022 99008 General Assistance 48158 Cr 388 - 01646-22 80-06 03/28/2022 54003 Driving Law Violations 53rd -- County - 384 Road 01656-22 80-06 03/29/2022 50000 OBSTRUCTING JUSTICE 24th -- County - 215 Road 01668-22 80-06 03/29/2022 99008 General Assistance 50 Pine Street - 01679-22 80-06 03/30/2022 99009 General Assistance / Non- 03070 48-1/2 - Criminal Street 01705-22 80-06 03/31/2022 54003 Driving Law Violations 47 1/2th -- - County 388 Road 01711-22 80-06 03/31/2022 93001 Property Damage Accident/Pi 50th -- County - Road 380 Total: 55 Page 16 of 26  AGENDA ITEM REPORT Meeting Date: April 05, 2022 Staff Contact: Linda Norton, Clerk Department: Subject: PERFORMANCE RESOLUTION FOR MUNICIPALITIES Background Information: Required Resolution by MDOT Attachments: PERFORMANCE RESOLUTION FOR GOVERNMENTAL AGENCIES Page 17 of 26  Michigan Department Page 1 of 2 of Transportation 2207B (05/21) PERFORMANCE RESOLUTION FOR MUNICIPALITIES This Performance Resolution (Resolution) is required by the Michigan Department of Transportation for purposes of issuing to a Municipality an ''Individual Permit for Use of State Highway Right of Way'', and/or an ''Annual Application and Permit for Miscellaneous Operations within State Highway Right of Way''. RESOLVED WHEREAS, the Village of Breedsville (County, City, Village, Township, etc.) hereinafter referred to as the ''MUNICIPALITY,'' periodically applies to the Michigan Department of Transportation, hereinafter referred to as the "DEPARTMENT," for permits, referred to as ''PERMIT,'' to construct, operate, use and/or maintain utilities or other facilities, or to conduct other activities, on, over, and under State Highway Right of Way at various locations within and adjacent to its corporate limits; NOW THEREFORE, in consideration of the DEPARTMENT granting such PERMIT, the MUNICIPALITY agrees that: 1. Each party to this R e s o lu t io n shall remain responsible for any claims arising out of their own acts and/or omissions during the performance of this R e s o lu tio n , as provided by law. This R e s o l u t io n is not intended to increase either party's liability for, or immunity from, tort claims, nor shall it be interpreted, as giving either party hereto a right of indemnification, either by Agreement or at law, for claims arising out of the performance of this Agreement. 2. If any of the work performed for the MUNICIPALITY is performed by a contractor, the MUNICIPALITY shall require its contractor to hold harmless, indemnify and defend in litigation, the State of Michigan, the DEPARTMENT and their agents and employee’s, against any claims for damages to public or private property and for injuries to person arising out of the performance of the work, except for claims that result from the sole negligence or willful acts of the DEPARTMENT, until the contractor achieves final acceptance of the MUNICIPALITY Failure of the MUNICIPALITY to require its contractor to indemnify the DEPARTMENT, as set forth above, shall be considered a breach of its duties to the DEPARTMENT. 3. Any work performed for the MUNICIPALITY by a contractor or subcontractor will be solely as a contractor for the MUNICIPALITY and not as a contractor or agent of the DEPARTMENT. The DEPARTMENT shall not be subject to any obligations or liabilities by vendors and contractors of the MUNICIPALITY, or their subcontractors or any other person not a party to the PERMIT without the DEPARTMENT’S specific prior written consent and notwithstanding the issuance of the PERMIT. Any claims by any contractor or subcontractor will be the sole responsibility of the MUNICIPALITY. 4. The MUNICIPALITY shall take no unlawful action or conduct, which arises either directly or indirectly out of its obligations, responsibilities, and duties under the PERMIT which results in claims being asserted against or judgment being imposed against the State of Michigan, the Michigan Transportation Commission, the DEPARTMENT, and all officers, agents and employees thereof and those contracting governmental bodies performing permit activities for the DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract. In the event that the same occurs, for the purposes of the PERMIT, it will be considered as a breach of the PERMIT thereby giving the State of Michigan, the DEPARTMENT, and/or the Michigan Transportation Commission a right to seek and obtain any necessary relief or remedy, including, but not by way of limitation, a judgment for money damages. 5. The MUNICIPALITY will, by its own volition and/or request by the DEPARTMENT, promptly restore and/or correct physical or operating damages to any State Highway R ight of Way resulting from the installation construction, operation and/or maintenance of the MUNICIPALITY’S facilities according to a PERMIT issued by the DEPARTMENT. Page 18 of 26 MDOT 2207B (05/21) Page 2 of 2 6. With respect to any activities authorized by a PERMIT, when the MUNICIPALITY requires insurance on its own or its contractor's behalf it shall also require that such policy include as named insured the State of Michigan, the Transportation Commission, the DEPARTMENT, and all officers, agents, and employees thereof and those governmental bodies performing permit activities for the DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract. 7. The incorporation by the DEPARTMENT of this Resolution as part of a PERMIT does not prevent the DEPARTMENT from requiring additional performance security or insurance before issuance of a PERMIT. 8. This Resolution shall continue in force from this date until cancelled by the MUNICIPALITY or the DEPARTMENT with no less than thirty (30) days prior written notice provided to the other party. It will not be cancelled or otherwise terminated by the MUNICIPALITY with regard to any PERMIT which has already been issued or activity which has already been undertaken. BE IT FURTHER RESOLVED that the following position(s) are authorized to apply to the DEPARTMENT for the necessary permit to work within State Highway Right of Way on behalf of the MUNICIPALITY. Title and/or Name: Linda Norton, Clerk I HEREBY CERTIFY that the foregoing is a true copy of a resolution adopted by the (Name of Board, etc.) of the of (Name of MUNICIPALITY) (County) at a meeting held on the _______day of ______________________ A.D. ________________. Signed Title Print Signed Name Page 19 of 26  PROFESSIONAL SERVICES AGREEMENT FLEIS & VANDENBRINK ENGINEERING, INC. 4798 Campus Drive, Kalamazoo, Michigan 49008 phone (269) 385-0011 fax (269) 382-6972 This Professional Services Agreement (“PSA”) is entered into between Fleis & VandenBrink Engineering, Inc. (“Engineer”) and Village of Breedsville, whose address is 82 East main Street, Breedsville, MI 49027 (“Owner”) where Engineer agrees to provide services for Owner and Owner agrees to pay Engineer, all in accordance with the terms of this PSA. DESCRIPTION OF PROJECT AND SCOPE OF SERVICES: The description of the Project (“Project”) and the scope of services (“Services”) provided under this PSA is as follows: General Consultation services. AGREEMENT DOCUMENTS: All obligations covered under this PSA are governed by the Agreement Documents, which specifically include this PSA and all of the following documents, which are all incorporated herein by reference: Engineer’s proposals as approved by the Owner on a project-by- project basis. COMPENSATION OF ENGINEER: This contract is an Hourly Fee contract plus 1.1 times reimbursable expenses. Authorized additional services will be provided on an hourly basis plus 1.1 times reimbursable expenses unless otherwise negotiated. The current rates are attached and are adjusted every year. Owner shall Pay Engineer for all Services and reimbursable expenses on a monthly basis or as otherwise stated herein which shall be due and payable within fifteen (15) calendar days of presentation of the invoice. Invoices shall be past due fifteen (15) calendar days after presentation, and shall then incur interest at the rate of 7% per annum, or the highest rate permitted by law, whichever is lower. Reimbursable expenses include the cost of subconsultants. PAYMENT. If Owner fails to make any payment when due, Engineer may suspend performance of Services hereunder until all past due amounts and accrued interest are paid. Engineer shall have no liability of any type as a result of suspension of services caused by Owner’s failure to pay. The suspension of Services shall not limit any other remedy available to Engineer. If Owner objects to any portion of an invoice, Owner shall notify Engineer in writing within seven (7) calendar days of presentation. Owner shall identify the disputed charges and shall pay when due that portion of the invoice not in dispute. If the disputed amount of the invoice is resolved in Engineer’s favor and not paid by the invoice due date, interest as stated in the agreement shall be paid by Owner on the disputed amount from the original due date. The Owner’s Payment of Engineer’s invoices shall not be subject to any right of setoff, and payment shall be due regardless of suspension or termination of this Agreement by either party. If any payment obligation is not paid when due, Owner agrees to pay all costs of the collection, including actual attorney’s fees through all levels of appeal, whether or not a legal proceeding for collection is commenced as part of the collection process. OWNER REPRESENTATIVE. The Owner’s representative for this Project shall be Village President who shall have complete actual authority on behalf of the Owner and its governing body to make all decisions in connection with the PSA. OWNER RESPONSIBILITIES. The Owner shall timely furnish, at the Owner's expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The Engineer may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The Engineer shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the Owner and/or the Owner's Engineers and contractors. CHANGES. For all services that were completed due to changes to the Description of the Project and/or the Scope of Services, Engineer shall be paid by Owner on an hourly basis at Engineer’s customary hourly rates, plus 1.1 times reimbursable expenses, unless otherwise negotiated. If the construction period extends beyond the contracted period in the Scope of Services or the contracted completion date, all services of Engineer thereafter shall continue to be performed and shall be paid by Owner on an hourly basis plus 1.1 times reimbursable expenses. Owner understands and accepts that field techniques and analytical capabilities are evolving and that the standards and regulations are subject to rapid change such that currently acceptable investigative approaches and techniques may become superseded after the time of the signing of this PSA. Such changes will constitute changed conditions requiring adjustment in the Services and Engineer’s Compensation. DELAYS. Engineer shall not be responsible to Owner for any delay of any type or kind unless caused in whole by Engineer. CONSULTANTS. Engineer may engage Consultants and subcontractors to perform, in its sole discretion, all or any portion of the Services. COST ESTIMATES. Engineer has no control over the costs of labor and material for construction or over competitive bidding and market conditions. All cost estimates provided by Engineer are based on Engineer’s experience and are considered opinions of probable cost. Engineer does not warrant the accuracy of any cost estimate. If project costs exceed the Owner’s expectations and the Owner decides to re-design or re-bid any or all portions of the Work, all re-design, re-bid or other services provided by Engineer shall be paid by Owner on an hourly basis at Engineer’s customary hourly rates, plus 1.1 times reimbursable expenses. INDEMNITY. Owner indemnifies, defends and holds harmless Engineer and its agents, consultants and employees, from and against any claim, injury, damage, cost, expense or liability, regardless of the legal theory, including actual attorneys’ fees, whether arising before, during or after completion of Services performed under the PSA, caused by, arising out of, resulting from or occurring in connection with the performance of the Services or any activity associated with the Services, whether or not caused in part by the active or passive negligence or other fault of Engineer excepting only injury to person or damage to property caused by the sole negligence of Engineer. In the case of claims against Engineer or any of its consultants, agents or employees by anyone for whose acts Owner may be liable, this indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable under workers’ compensation acts and/or disability benefit acts. This indemnity includes, but is not limited to, any claims resulting from interpretation of or changes to the documents prepared as a result of this PSA. This indemnity survives termination of this PSA. In addition to the indemnity provided herein by Owner, Owner shall indemnify and hold harmless Engineer and its officers, directors, partners, agents, employees and consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of P18021 Village of Breedsville General Consultation PSA Page 20 of 26 Engineer, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising out of, relating to or resulting from any and all environmental contamination on the Project. Engineer, to the extent covered by insurance, indemnifies, defends and holds harmless Owner and its agents and employees, from and against any claim, injury, damage, cost, expense or liability, arising out of or relating to the Services provided by Engineer for the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property other than the work itself, but only to the extent caused solely by any negligent act or omission of Engineer or Engineer’s officers, directors, partners, employees or consultants. To the fullest extent permitted by law, a party’s total liability to the other party under the terms and conditions of this PSA including any indemnity, as well as to anyone claiming by, through or under the other party, for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party, and any other negligent entity or individual, shall not exceed the percentage share that the party’s negligence bears to the total negligence of all of the responsible parties. PERFORMANCE STANDARDS. The Engineer shall perform its services consistent with the professional skill and care ordinarily provided by other engineers performing similar services in the same or similar locality under the same or similar circumstances. The Engineer shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project. MUNICIPAL ADVISOR. Engineer’s services do not include (1) serving as a “municipal advisor” for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission, or (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances. LIMITATION OF LIABILITY. Engineer shall not be liable for any claim, damage, cost, expense or other liability not caused by negligent acts, errors or omissions of Engineer. The total liability of Engineer under any legal theory whatsoever, in the aggregate, as well as any claimed liability of Engineer’s officers, directors, employees, or agents or consultants, for any claims arising out of the PSA, shall not exceed the fees actually paid by the Owner for the particular Service which forms the basis of the claimed liability. Engineer makes no warranties, express or implied, with respect to the Services under the PSA, and disclaims any liability for implied warranties of any type or kind, including but not limited to implied warranties of fitness or merchantability, and disclaims any liability for special or consequential damages of any type or kind. Within these limitations, Engineer shall not be liable in any way for errors, omissions or negligence unless caused by the sole and exclusive negligence of Engineer. For all PSAs which involve multiple projects or general consultations, or various services for various projects over a period of time, liability shall not exceed the fee actually paid by the Owner for the particular Services on the specific Project or consultation or assignment which forms the basis of the claimed liability and any statute of limitations shall commence upon the completion of the task giving rise to the claim, not the last unrelated service provided under the PSA for general consultation services. To the extent that Engineer may be found liable under the terms of this paragraph, and only to such extent, Engineer’s liability shall not exceed the percentage share of Engineer’s responsibility. INSURANCE. Upon Owner’s request, Engineer will furnish Owner with a written statement of insurance coverage. No oral representations regarding insurance shall be binding. SITE ACCESS. Owner shall be solely responsible for obtaining all site access, easements, and permission from third party property owners for Engineer to access the site to perform the Services herein. Owner is solely responsible for any claims arising from the disturbance of surface or subsurface soil or water conditions caused by the performance of Engineer’s Services, excepting damages caused by the sole negligence of Engineer. Engineer will take reasonable precautions to avoid damage to underground structures and utilities. Owner indemnifies Engineer from any damage caused by or to underground structures and utilities not called to Engineer’s attention, all in accordance with the indemnity provisions herein. Owner shall provide Engineer with a list of all known hazardous substances on site and a list of protective measures in case of exposure, all in compliance with the current Federal, State and Local Right to Know laws and Federal Hazard Communication Standards. SHOP DRAWINGS AND SUBMITTALS. If shop drawing or submittal review is part of the Services Engineer provides, Engineer will review the shop drawings and submittals only for conformance with the design concept of the project and compliance with the Contract Documents. Unless specifically indicated in writing, this PSA does not include the preparation of record drawings. REJECTION OF WORK. In the event that the Scope of Services includes construction phase services in the form of site observation, then Engineer shall have the authority to reject any work which is not, in the judgment of the Engineer, in conformance with the Contract Documents, Plans and Specifications. Neither this authority nor Engineer’s good faith judgment to reject or not reject any work shall subject Engineer to any liability or cause of action to any contractor, subcontractor, supplier, or Owner on the Project. SPREAD OF CONTAMINATION. Owner understands and agrees that Engineer shall not be responsible for any claims or damages which may arise as a result of or from the spread of contamination caused by drilling, sampling or any other activity unless such spread or contamination is substantially caused by the negligence of Engineer. To the extent that Engineer may be found liable under the terms of this Paragraph, and only to such extent, Engineer’s liability shall not exceed the percentage share of Engineer’s responsibility. FAILURE TO ENCOUNTER HAZARDOUS MATERIALS. Owner understands that the failure to discover hazardous materials does not guarantee that; (1) hazardous materials do not exist at the project site, and/or (2) that a non-contaminated site may later become contaminated. Although Engineer will use reasonable care and a level of skill ordinarily exercised by members of the profession currently practicing in the city, municipality or political subdivision where the Project is located under similar conditions, Owner agrees that Engineer shall not be responsible for the failure to detect the presence of hazardous materials through techniques and practices commonly used for those purposes. PERMITS AND APPROVALS. Unless otherwise specifically stated in the Scope of Services, obtaining permits and approvals for the Project is the responsibility of the Owner. For an additional fee, Engineer may assist the Owner provided the assistance shall consist of completing and submitting forms as to the results of certain work included in the Scope of Services and the assistance does not include special studies, special research, attendance at meetings with public authorities, special testing or special documentation not normally required for similar projects. If Engineer participates in any way with any permitting process, Engineer provides no guaranty or warranty that any permits or approvals will be provided. Owner shall pay Engineer for all fees and reimbursable expenses under this PSA regardless of the outcome of approval or denial of permits or other approvals. ADA AND CODE COMPLIANCE. The Americans with Disabilities Act (“ADA”) provides that alterations to a facility must be made in such a manner that, to the maximum extent feasible, the altered portions of the facility are accessible to persons with disabilities. The Owner acknowledges that the requirements of the ADA will be subject to various and possibly contradictory interpretations. To the extent applicable, the Engineer will use its reasonable professional efforts and judgment to interpret applicable ADA requirements and other federal, state and local laws, rules, codes, ordinances P18021 Village of Breedsville General Consultation PSA 2 Page 21 of 26 and regulations as they may apply to the Project. The Engineer does not warrant or guarantee that the Project will comply with all interpretations of the ADA requirements and/or the requirements of other federal, state and local codes, rules, laws, ordinances and regulations as they may apply to the Project. Owner shall pay Engineer its customary hourly fees plus 1.1 times reimbursable expenses for any design changes made necessary by newly enacted laws, codes and regulations, or changes to any existing laws, codes or regulations after the date that this PSA is last signed by the parties. WAIVER. No delay on the part of any party hereto in the exercise of any right or remedy shall operate as a waiver of such right or remedy and a waiver on any one (1) occasion shall not be construed as a bar to or a waiver of any subsequent breach of the same or any other provision of the agreement on a future occasion. No waiver by Engineer of any breach by Owner of a provision of this PSA shall be deemed a waiver of any other provision hereof or of any subsequent breach by Owner of such provision. ENFORCEABILITY. This agreement shall be binding upon the parties hereto and their respective successors and assigns. SEVERABILITY. In the event that any one (1) or more provisions contained in the agreement shall be declared invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of the agreement shall not be affected or impaired. OWNERSHIP OF INSTRUMENTS OF SERVICE. Engineer’s documents prepared pursuant to this PSA, including those in electronic format, are instruments of service. All reports, plans, specifications, computer files, field data, notes and other documents prepared by Engineer as instruments of service shall remain the property of Engineer. Engineer shall retain all common law, statutory and other reserved rights, including the copyright thereto and all other intellectual property rights. Owner shall not use or permit the use of said documents on any other project. Owner fully indemnifies Engineer against any and all claims for unauthorized use. TERMINATION: This PSA may be terminated by either party upon seven (7) calendar days’ written notice. Upon termination, Engineer shall be paid by Owner for all Services performed up to the notice of termination, as well as all costs necessary to demobilize from the site. DISPUTE RESOLUTION: In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder, the Owner and the Engineer agree to attempt to resolve such disputes in the following manner: First, the parties agree to attempt to resolve such disputes through direct negotiations between the appropriate representatives of each party. Second, if such negotiations are not fully successful, the parties agree to attempt to resolve any remaining dispute through mediation using a mediator agreed upon between both parties. Owner and Engineer agree to participate in the mediation process in good faith. The process shall be conducted on a confidential basis, and shall be completed within 120 days. If such mediation is unsuccessful in resolving a Dispute, then the parties may (1) mutually agree to a dispute resolution of their choice, or (2) either party may seek to have the Dispute resolved by a court of competent jurisdiction. The venue for a court resolution will be Kent County, Michigan. NO THIRD PARTY BENEFICIARIES. There are no third party beneficiaries to this PSA and the Services provided herein are exclusively for the direct benefit of the Owner indicated above. Owner shall ensure that all other agreements relating to this project reflect that there are no third party beneficiaries to this PSA. ASSIGNMENT. This is a professional services contract and is non-assignable without the express written consent of Engineer. MISCELLANEOUS. No additional or contrary terms, whether contained in an order, acknowledgment, or other document from Owner, shall be binding upon Engineer unless agreed to in writing signed by an authorized representative of Engineer, and Engineer expressly rejects all such additional or contrary terms as may be contained in Owner’s documents. The terms in this PSA will have precedence over any other terms expressed by the Owner’s authorization process such as a purchase order. Engineer’s performance is conditioned on Owner’s unmodified consent exclusively to this PSA. Engineer shall have the right to correct any errors, whether clerical or mathematical, which are contained in this PSA. Unless otherwise specifically indicated in writing or otherwise required by law and paid for by Owner, there are no Performance or Payment bonds required on this Project. This PSA shall be binding upon and shall inure to the benefit of the parties hereto and their successors and permitted assigns. This PSA shall be governed by the laws of the State of Michigan. This contract sets forth the entire agreement between Engineer and Owner. This is a fully integrated contract. ELECTRONIC/FACSIMILE SIGNATURES. The signatures on this PSA shall be deemed to be original signatures when transmitted electronically or by facsimile machine or by any other medium. No party shall be required to produce a PSA with an original signature in order to enforce any provision of this PSA. IN WITNESS WHEREOF, the parties hereto have made and entered into this PSA. To be valid, this PSA must be signed by an authorized representative of Fleis & VandenBrink Engineering, Inc. OWNER ENGINEER VILLAGE OF BREEDSVILLE FLEIS & VANDENBRINK ENGINEERING, INC. By: By: Steven M. Bishop Title: Title: Project Manager By: By: 3-28-2022 Craig Shumaker Title: Title: S. Vice President Date: Date: P18021 Village of Breedsville General Consultation PSA 3 Page 22 of 26 ADDITIONAL PROVISIONS - CONSTRUCTION OBSERVATION 1. DEFINITIONS. 1.1. Contract Documents shall mean construction agreement(s) between Owner and Contractor(s), including plans, specifications, addenda and change orders. 1.2. Contractor shall mean the person or entity providing construction services to Owner, as defined in the Contract Documents. 2. SITE OBSERVATION. 2.1. The Engineer shall visit the site as defined in the Scope of Services to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Engineer shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Engineer shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed. Engineer will not be responsible for the means, methods, techniques, and procedures of construction observed during such visits. Engineer will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 2.2. Based solely on Engineer’s on-site observations and Engineer’s review of the Contractor's applications for payment, Engineer will recommend in writing to Owner payment to the Contractor. Such recommendations of payment to constitute a representation to Owner, based solely on such observation, review and the data comprising such applications, that to the Engineer’s knowledge, information and belief, the work has progressed to the point indicated and that to the Engineer’s knowledge, information and belief the quality of the work is generally in accordance with the Contract Documents. 2.3. Engineer will conduct, in company with Owner, a final review of the Project for conformance with the design concept of the Project, and compliance with the information given by the Contract Documents, and recommend, in writing, payment to the Contractor, on the same basis as set forth above. 3. OWNER RESPONSIBILITIES. Owner will: 3.1. Provide full information as to his requirements for the Project. Assist Engineer by placing at Engineer’s disposal all available information pertinent to the Project, including previous site reports and any other data relative to the design or construction of the Project. 4. SITE SAFETY PROGRAMS AND PRECAUTIONS. 4.1. Owner acknowledges that the Contractor, not Engineer, is responsible for initiating, maintaining and supervising all safety programs and all safety precautions in connection with the work. 4.2. Engineer shall neither have control over, nor be responsible for, safety programs and precautions in connection with the work, since these are solely the responsibility of the Contractor. 4.3. Neither the professional activities of the Engineer, nor the presence of the Engineer or its employees at the site, shall impose any duty on the Engineer, nor relieve the Contractor of its responsibility for jobsite safety. P18021 Village of Breedsville General Consultation PSA 4 Page 23 of 26 PROFESSIONAL RATE SCHEDULE As projects are identified and selected for funding, we propose to provide appropriate project scopes and budgets using the following rates: Classification Rate CIVIL ENGINEERS $102 - $221 Engineers-in-Training $102 - $111 Engineers $111 - $135 Project Engineers $130 - $140 Engineer Managers $144 - $165 Senior Engineer Managers $182 - $221 Principals-in-Charge $203 - $221 PROJECT MANAGERS $137 - $180 Project Managers $137 - $170 Senior Project Managers $175 - $180 TECHNICIANS $72 - $146 Technicians $72 - $108 Environmental Technicians $78 - $83 Office Technicians $90 - $95 Senior Engineer Technicians $113 - $146 SURVEYING $97 - $158 Survey Crew Chief $97 - $112 Survey Manager $145 - $158 SITE DEVELOPMENT $84 - 157 Landscape Designers $84 - $104 Senior Landscape Architects $142 - $157 Architects $148 - $157 OTHER ENGINEERS $98 - $129 Geologists $98 - $114 Environmental Specialists $124 - $129 ADMINISTRATIVE AND BUSINESS SERVICES $66 - $203 (IT, HR, MARKETING, ACCOUNTING, BUSINESS DEVELOPMENT) Administrative Assistants $66 - $98 Senior Administrative Assistants $146 - $203 Page 24 of 26  VAN BUREN COUNTY ROAD COMMISSION CITY/VILLAGE ROAD SPECIAL MAINTENANCE PROJECT #: 0077.00.02.4 To: The Board of County Road Commissioners From: The Village of Breedsville Board Would you kindly program the following project, which will be paid for by the Village: Road Name West Main Street, South Pine Street Type of Work 14 hours of patching; 5 tons HMA Total Programmed Cost At cost, approx. $3,899.30 *This estimate is for planning purposes only. Work performed for Cities and Villages will be performed at actual cost including fringe and overhead expenses. _____________________________________ ___________________ Village/City Manager or Clerk Date _____________________________________ ___________________ Van Buren County Road Commission Date ATTACHMENT 01.2022 Page 25 of 26  VAN BUREN COUNTY ROAD COMMISSION CITY/VILLAGE ROAD SPECIAL MAINTENANCE PROJECT #: 0077.00.02.5 To: The Board of County Road Commissioners From: The Village of Breedsville Board Would you kindly program the following project, which will be paid for by the Village: Road Name South Pine Street Type of Work Cleaning Bridge Deck Total Programmed Cost At cost, approx. $685.06 *This estimate is for planning purposes only. Work performed for Cities and Villages will be performed at actual cost including fringe and overhead expenses. _____________________________________ ___________________ Village/City Manager or Clerk Date _____________________________________ ___________________ Van Buren County Road Commission Date ATTACHMENT 02.2022 Page 26 of 26