Regular Council

AGENDA Regular Council Meeting 6:00 PM - Monday, June 5, 2023 Village Council Room Page CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL I. PUBLIC HEARING - TRASH SERVICES 4 a. 06.05.2023 Village Trash Services Public Hearing b. Trash Comparison Study II. APPROVAL OF THE AGENDA a. III. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Village Council and shall be enacted by one motion. There will be no separate discussion of these items unless a trustee or citizen requests to do so, in which event the item shall be removed from the General Order of Business and considered in its normal sequence on the agenda. a. Page 1 of 28  IV. *ADOPTION OF MINUTES 5-8 a. *Monday, May 15, 2023 Regular Council Meeting Minutes 05.15.2023 Regular Council Meeting Minutes - UA V. APPROVAL OF PAYMENT OF BILLS AND PAYROLL FOR MAY 2023 IN THE AMOUNT OF $159,888.04 9 - 10 a. 05.2023 AP&Payroll VI. PUBLIC COMMENT VII. UNFINISHED BUSINESS 11 - 17 a. Sidewalk Project Lapham Associates Proposal 18 b. Road Shoulders Central Asphalt Quote 05.16.2023 c. Alley Paving VIII. NEW BUSINESS a. Planning Commission Member Appointment 19 - 27 b. DPW UTV DPW UTV Quotes 28 c. Lumberjack Festival Invoice Chamberlin d. Grant Updates IX. ADMINISTRATIVE REPORT X. ZONING REPORT XI. COMMITTEE REPORT Page 2 of 28 a. Finance b. Parks & Rec c. DPW - Upcoming Meeting on June 15th. d. Personnel XII. PRESIDENT DISCUSSION XIII. ADDITIONAL REMARKS XIV. EXTENDED PUBLIC COMMENT XV. ADJOURNMENT NEXT REGULAR COUNCIL MEETING ON MONDAY, JUNE 19, 2023 AT 6:00PM Page 3 of 28  Notice of Public Hearing Village of Farwell Trash Services The Village of Farwell Council will conduct a public hearing on Monday, June 5, 2023 at 6:00pm. The hearing will take place at 109 S. Hall St., Farwell, Michigan. The purpose of the public hearing is to receive public comment in regard to trash services offered within the Village of Farwell. All interested persons are invited to be present and be heard as to their views. Persons making oral presentations are encouraged to submit written copies to the Village Clerk at adrian@villageoffarwell.org via e-mail, for the record. Public comment/testimony may be given at the appropriate times during the meeting when called for. For further information on the topic or the public hearing, or if interpretation or translation services are needed, including for the hearing impaired, call the Village office at 989.588.9926. Sincerely, Adrian Krawczynski Village Clerk/Treasurer Page 4 of 28  MINUTES Regular Council Meeting 6:00 PM - Monday, May 15, 2023 Village Council Room The Regular Council of the Village of Farwell was called to order on Monday, May 15, 2023, at 6:00 PM in the Village Council Room, with the following members present: PRESENT: President Tracey Jackson, Trustee Amanda Pfruender, Trustee Gina Hamilton, Trustee Shawn Burger, Trustee Victoria Williams, and Tonya Roe EXCUSED: Trustee Jeff Linton I. RESIGNATION OF TONYA ROE FROM THE VILLAGE OF FARWELL PLANNING COMMISSION a. Trustee Gina Hamilton made a motion to accept the resignation of Tonya Roe, effective immediately, from her position on the Village of Farwell Planning Commission Trustee Victoria Williams seconded the motion. Roll Call. Yeas: Trustee Gina Hamilton, Trustee Victoria Williams, Trustee Shawn Burger, Trustee Amanda Pfruender, and President Tracey Jackson. Nays: None. Absent: None. Vacant: One Trustee. Motion Carried. II. APPOINTMENT OF VILLAGE TRUSTEE a. Trustee Gina Hamilton made a motion to adopt Resolution 2023-09 "A Resolution of the Farwell Village Council Appointing Tonya Roe to Fill the Remainder of a Vacated Term in the Office of Village Trustee" Trustee Amanda Pfruender seconded the motion. Roll Call. Yeas: Trustee Gina Hamilton, Trustee Amanda Pfruender, Trustee Victoria Williams, Trustee Shawn Burger, and President Tracey Jackson. Nays: None. Absent: Trustee Jeff Linton. Vacant: One Trustee. Motion Carried. III. OATH OF OFFICE a. Clerk/Treasurer Krawczynski administered the Oath of Office for Village Trustee to Tonya Roe. V. APPROVAL OF THE AGENDA a. Trustee Gina Hamilton made a motion to approve the agenda Trustee Victoria Williams seconded the motion. Motion Carried Page Page51ofof28 4 VI. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Village Council and shall be enacted by one motion. There will be no separate discussion of these items unless a trustee or citizen requests to do so, in which event the item shall be removed from the General Order of Business and considered in its normal sequence on the agenda. a. Trustee Gina Hamilton made a motion to adopt the Monday, May 1, 2023 Regular Council Meeting Minutes Trustee Amanda Pfruender seconded the motion. Motion Carried. Trustee Victoria Williams made a motion to adopt the Wednesday, May 10, 2023 Special Council Meeting Minutes Trustee Amanda Pfruender seconded the motion. Motion Carried. Trustee Gina Hamilton made a motion to adopt the Thursday, May 11, 2023 Special Council Meeting Minutes Trustee Victoria Williams seconded the motion. Motion Carried. VII. *ADOPTION OF MINUTES a. *Monday, May 1, 2023 Regular Council Meeting Minutes b. *Wednesday, May 10, 2023 Special Council Meeting Minutes c. *Thursday, May 11, 2023 Special Council Meeting Minutes VIII. PUBLIC COMMENT a. None received. IX. UNFINISHED BUSINESS a. Garbage Collection Discussion Council agreed to hold a public hearing for the discussion on the trash. b. Farmer's Market Shed/Storage Discussion on this topic will take place at the Parks & Rec Meeting on June 1st. X. NEW BUSINESS a. Committee Appointments President Tracey Jackson appointed Trustee Tonya Roe to sit on the Personnel Committee and the Finance Committee. b. Title VI Renewal Trustee Gina Hamilton made a motion to renew the Title VI Plan for the Village of Farwell dated May 15, 2023 Trustee Amanda Pfruender seconded the motion. Roll Call. Yeas: Trustee Gina Hamilton, Trustee Amanda Pfruender, Trustee Victoria Williams, Trustee Tonya Roe, Trustee Shawn Burger, and Page Page62ofof28 4  President Tracey Jackson. Nays: None. Absent: Trustee Jeff Linton. Motion Carried c. The upcoming MDOT Category B Grant was discussed. Trustee Gina Hamilton made a motion to adopt Resolution 2023-10, "A Resolution to Establish a Request for Funding, Designate an Agent, Attest to the Existence of Funds and Commit to Implementing a Maintenance Program for Resurfacing of Bertha Drive and Siegle Street, Funding by the Transportation Economic Development Fund Category B Program." Trustee Amanda Pfruender seconded the motion. Roll Call. Yeas: Trustee Gina Hamilton, Trustee Amanda Pfruender, Trustee Victoria Williams, Trustee Tonya Roe, Trustee Shawn Burger, and President Tracey Jackson. Nays: None. Absent: Trustee Jeff Linton. Motion Carried d. A quote from Dixon Engineering to inspect the water tower was reviewed. Trustee Gina Hamilton made a motion to approve the Schedule B Alternative inspection option from Dixon Engineering, in the amount of $4,200.00 Trustee Amanda Pfruender seconded the motion. Motion Carried. XI. ADMINISTRATIVE REPORT XII. TREASURER REPORT a. The Bank & Fund Report date April 20, 2023 was presented to Council. XIII. ZONING REPORT a. Zoning Administrator Julie Albright presented an updated Zoning List to Council. XIV. COMMITTEE REPORT a. Finance b. Parks & Rec - Upcoming meeting on June 1st. c. DPW - Trustee Amanda Pfruender provided some updates to the Council from the May 11th DPW Meeting. There was also note that the trees will be cut down after the school year commences. d. Personnel XV. PRESIDENT DISCUSSION a. President Tracey Jackson provided some updates to Council in regard to an employee's return to work duties and CDL. XVI. ADDITIONAL REMARKS a. Page Page73ofof28 4  Some questions were asked on whether the Village is going to stripe the streets that were just paved and the parking lot. Adrian will get with Jason and have him get some price quotes to bring back to Council on June 5th. There was also discussion on filling the vacant Planning Commission position. XVII. EXTENDED PUBLIC COMMENT a. Public comment was received in regard to keeping the trash services performed in house and that the DPW does a great job picking up trash within the Village and they would like to see that kind of service continue. XVIII. ADJOURNMENT a. Trustee Amanda Pfruender made a motion to adjourn the meeting at 6:43pm Trustee Victoria Williams seconded the motion. Motion Carried NEXT REGULAR COUNCIL MEETING ON MONDAY, JUNE 5, 2023 AT 6:00PM Clerk/Treasurer President Page Page84ofof28 4  VILLAGE OF FARWELL CHECK REGISTER & PAYROLL 05/01/2023 - 05/31/2023 Check Date Check Vendor Name Amount 05/01/2023 104327 FARWELL FARMER'S MARKET $ 135.00 05/04/2023 104328 BOUCHEY & SONS $ 578.56 05/04/2023 104329 CITY OF CLARE $ 150.00 05/04/2023 104330 CONSUMERS ENERGY $ 1,697.79 05/04/2023 104331 DTE ENERGY $ 786.03 05/04/2023 104332 FAMILY FARM AND HOME $ 209.97 05/04/2023 104333 HOERAUF AND NEVILL, P.C. $ 277.50 05/04/2023 104334 MICHIGAN PIPE & VALVE $ 81.00 05/04/2023 104335 PRO GRADE CONCRETE CONSTRUCTION INC $ 11,329.00 05/04/2023 104336 REHMANN TECHNOLOGY SOLUTIONS $ 1,052.50 05/04/2023 104337 SEITER BROTHERS LUMBER & $ 194.98 05/04/2023 104338 STAPLES $ 94.28 05/04/2023 104339 THIELEN TURF IRRIGATION, INC $ 110.25 05/04/2023 104340 TRACE ANALYTICAL LABORATORIES, INC. $ 417.60 05/04/2023 104341 USA BLUE BOOK $ 827.46 05/04/2023 104342 VERIZON WIRELESS $ 239.64 05/11/2023 104343 MARINE AUTOMATED DOCK SYSTEMS $ 15,600.00 05/11/2023 104344 AT&T $ 51.38 05/11/2023 104345 CLARE AUTOMOTIVE, INC. $ 128.81 05/11/2023 104346 CLARE COUNTY TREASURER $ 83.91 05/11/2023 104347 ELM CREEK, LTD. $ 47.92 05/11/2023 104348 FUSSMAN DESIGNS $ 600.00 05/11/2023 104349 GFL ENVIRONMENTAL $ 1,600.00 05/11/2023 104350 MARY MAST $ 960.00 05/11/2023 104351 MIDMICHIGAN HEALTH $ 25.00 05/11/2023 104352 MOORE AUTOMOTIVE $ 66.80 05/11/2023 104353 PRINTING SYSTEMS, INC. $ 467.90 05/11/2023 104354 REHMANN TECHNOLOGY SOLUTIONS $ 260.00 05/11/2023 104355 SEITER ELECTRIC, INC. $ 300.00 05/11/2023 52(E) DEERE CREDIT, INC $ 421.96 05/19/2023 104357 AT&T $ 971.60 05/19/2023 104358 BELL EQUIPMENT COMPANY $ 1,598.87 05/19/2023 104359 CADILLAC CULVERT INC. $ 3,000.00 05/19/2023 104360 CENTRAL ASPHALT, INC. $ 63,300.00 05/19/2023 104361 CONSUMERS ENERGY $ 2,020.57 05/19/2023 104362 DALE SCHMID $ 400.00 05/19/2023 104363 ELHORN ENGINEERING COMPANY $ 305.00 05/19/2023 104364 FAMILY FARM AND HOME $ 167.60 05/19/2023 104365 JULIE ALBRIGHT $ 41.54 05/19/2023 104366 STAPLES $ 55.58 05/19/2023 104367 TREETOP PRODUCTS INC. $ 12,209.20 05/19/2023 104368 WALLACE REPAIR $ 1,019.51 05/19/2023 104369 WEX BANK $ 1,272.73 05/26/2023 104373 AT&T MOBILITY $ 87.50 05/26/2023 104374 BLUTECH DATA LLC $ 250.00 Page 9 of 28 05/26/2023 104375 BOUCHEY & SONS $ 681.12 05/26/2023 104376 CLARE AUTOMOTIVE, INC. $ 47.69 05/26/2023 104377 CLARE COUNTY REVIEW $ 513.00 05/26/2023 104378 CONSUMERS ENERGY $ 2,971.86 05/26/2023 104379 ELM CREEK, LTD. $ 43.95 05/26/2023 104380 FAMILY FARM AND HOME $ 25.99 05/26/2023 104381 ISABELLA BANK $ 3,821.08 05/26/2023 104382 MICHIGAN PIPE & VALVE $ 317.00 05/26/2023 104383 MOORE AUTOMOTIVE $ 516.91 05/26/2023 104384 MUNICIPAL SUPPLY CO. $ 60.00 05/26/2023 104385 PALMER'S HARDWARE $ 411.42 05/26/2023 104386 PURE PLUMBING LLC $ 275.00 05/26/2023 104387 STANDARD INSURANCE COMPANY $ 181.23 05/26/2023 104388 STAPLES $ 262.26 05/26/2023 104389 TRACE ANALYTICAL LABORATORIES, INC. $ 208.80 Total of 60 Checks $ 135,832.25 Payroll 5/11/2023 Regular Payroll w/Opt-Out $ 9,805.42 5/18/2023 Council Pay $ 4,853.14 5/25/2023 Regular Payroll w/PTO Cash Out $ 9,397.23 Total of Payroll $ 24,055.79 Total AP & Payroll - May 2023 $ 159,888.04 Page 10 of 28  May 18, 2023 Village of Farwell C/O: Jason Walters, DPW Supervisor 225 S. Hall Street, Farwell, MI 48622 Sent Via Email: Lapham Associates is pleased to submit the following proposal for professional surveying, engineering, and planning services related to the development of a new sidewalk for the Village of Farwell, located in Lot 2, Block K of Littlefield’s Addition to Farwell. (See Attached Exhibit A) SCOPE OF WORK Lapham Associates proposes to perform a right-of-way survey to define existing rights-of-way & determine easements that may be required. Perform topographic survey & prepare existing topographic map for use in design. Prepare preliminary plans for client review and approval. Create easement descriptions & assist with obtaining needed easements. Prepare construction plans with details & specifications. Prepare permit applications, if any, as needed for proposed construction. Prepare bid documents for clients’ use in bidding. Bid Administration & Construction Engineering is not included in this proposal. This cost proposal is based on this project being funded with local funds. If State or Federal money is being used additional work and requirements may be required and is not included in the cost proposal. Additional costs for environmental review, feasibility studies & reports, traffic studies & reports, etc. can be included on a time and materials basis. COST OF SERVICES The total cost of services defined in the above Scope of Work is $15,000.00. The project will commence upon acceptance of this proposal and a $3,000.00 retainer. Invoices for services rendered will be sent monthly and will be due upon receipt. The total invoices sent will not exceed $15,000.00 unless the Owner authorizes a change in the Scope of Work. Permitting fees are to be paid by the client. Any change to the scope of work must be approved by the client in writing and the additional work will be performed at additional cost agreed upon prior to commencement of work or on a time and materials basis. Page 1 of 7 Page 11 of 28  May 18, 2023 COOPERATION BY OWNER • Owner will name an individual with authority to provide directives to consultant & who will work with the consultant to complete the project. • Owner's representatives will provide a current title commitment and copies of recorded easements and deeds referenced within title commitment. • Owner's representatives will make themselves available to meet with consultant as necessary. • Owner will make record information available to consultant when required. ITEMS SPECIFICALLY NOT INCLUDED IN THIS PROPOSAL • ALTA/NSPS Land Title Survey. This additional service can be provided upon request. The owner and/or their lender shall provide the necessary Table A items and certification requirements to allow for an accurate estimate of costs to complete the survey. • Phase I Site Assessment or other environmental site services. These services can be provided upon request for an additional cost. • Geotechnical services or other soils investigations. • Traffic studies or environmental assessments that may be required by the planning commission in order to approve the site plan. • Wetland delineations or permits for any wetland impacts to regulated wetlands or mitigation design that may result from a permitted wetland impact. • Floodplain permit application if required for any work within a designated floodplain. • Permit fees and other fees associated with the necessary approvals for the project. Page 2 of 7 Page 12 of 28  May 18, 2023 ACCEPTANCE AND NOTICE TO PROCEED This proposal is void if not signed within 30 days. The prices quoted assume Lapham Associates will complete the entire project; no credit will be given for work completed by others. Please carefully read the attached "GENERAL AGREEMENT CONDITIONS” for the Provision of Limited Professional Services by Lapham Associates. These General Conditions shall be considered an integral part of this Proposal and, upon acceptance of the Proposal, is part of the agreement. We request that you acknowledge acceptance of this Proposal, including the attached General Conditions and authorize us to proceed, by signing and returning to us this Proposal. The signature of an authorized representative of the Owner/Client in the space provided will indicate acceptance of the Proposal and the "Notice to Proceed". Proposal By: Lapham Associates ____________________________ May 18, 2023________ Scott E. Bell, AICP, Project Manager Date Accepted By: _____________________________ ___________________ Date P:\Contracts\2023\Farwell School- Sidewalk Proposal.docx Page 3 of 7 Page 13 of 28  May 18, 2023 GENERAL AGREEMENT CONDITIONS Effective January 1, 2008 (rev. 4/15/15) THE AGREEMENT: This AGREEMENT is made by and between Paul B. Lapham and Associates, Inc. d/b/a LAPHAM ASSOCIATES, hereinafter referred to as LAPHAM ASSOCIATES, and the acceptor of the attached proposal, hereinafter referred to as CLIENT. The AGREEMENT between the parties consists of these GENERAL CONDITIONS, the attached PROPOSAL, and any exhibits or attachments noted in the PROPOSAL. Together, these elements will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed to in the form of a written AMENDMENT to this AGREEMENT. DEFINITIONS: For reasons of interpretation, and for use throughout this AGREEMENT, the following apply: CLIENT shall be the person or entity for direct payment for services rendered and shall be the duly authorized representative of OWNER. OWNER shall be the person or entity that owns the property upon which the services or improvements pursuant to this AGREEMENT are made. The OWNER shall further be the subject of any construction liens filed in accordance with the laws of the State of Michigan or the state where the property is located. CONSULTANT shall be LAPHAM ASSOCIATES along with their authorized representatives or assigns. CONFIDENTIALITY: The services outlines under this AGREEMENT are to be provided to the parties specifically named. No other parties may use any information provided by CONSULTANT under this AGREEMENT without prior written consent and appropriate compensation for additional charges and/or liability assumed. OWNERSHIP OF DOCUMENTS: All reports, drawings, field data, field notes, laboratory test data, calculations, estimates, or other documents, including those on electronic media, prepared by CONSULTANT as instruments of service under this AGREEMENT shall remain the property of LAPHAM ASSOCIATES. The CLIENT shall not revise or modify any such documents without the prior written consent of LAPHAM ASSOCIATES. All original documents and copies, produced as a direct or indirect result of this AGREEMENT, shall be the property of LAPHAM ASSOCIATES, and LAPHAM ASSOCIATES reserves the right to reuse all documents without the consent of CLIENT. OWNERSHIP OF MATERIALS: All materials (lath, re-rod, monuments, etc.) shall remain the property of LAPHAM ASSOCIATES until such time as the account is paid in full. LAPHAM ASSOCIATES reserves the right to enter onto property to remove any or all materials used/placed/set on property if the account is not paid within thirty (30) days of the date of the original invoice. Any subsequent re-staking due to materials being removed by LAPHAM ASSOCIATES will be at the expense of the CLIENT. TERMS OF PAYMENT: CLIENT will pay LAPHAM ASSOCIATES as indicated in the PROPOSAL and its attachments. All invoices will be due and payable upon receipt of invoice. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify LAPHAM ASSOCIATES in writing within ten (10) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. In the absence of written notification described above, the balance as stated on the invoice will be paid. All fees for services rendered under this AGREEMENT are subject to a finance charge of 1½ % per month or an annual rate of 18% on any balance past due more than thirty (30) days after the date of the original invoice. In the event CLIENT fails to pay LAPHAM ASSOCIATES within thirty (30) days after an invoice is sent to CLIENT, CLIENT agrees that LAPHAM ASSOCIATES shall have the right to consider this AGREEMENT breached and upon ten (10) days written notice, terminate all services and demand full payment for all services rendered. The OWNER and CLIENT jointly and severally shall be responsible for all debts incurred under this AGREEMENT as well as all debts incurred in collecting delinquent debts within the limits of the law. Payments will first be applied to accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including reasonable attorneys' fees) in connection with collection of any delinquent amount will be paid by CLIENT to LAPHAM ASSOCIATES in accordance with LAPHAM ASSOCIATES' current fee schedule. CHANGED CONDITIONS AND ADDITIONAL FEES: Any changes, modifications, additions or substitutions made to this AGREEMENT shall be charged in addition to the fee quoted herein. Additional fees will be charged according to LAPHAM ASSOCIATES “Standard Service Rates” which is in effect at the time of the services. A copy of the current “Standard Service Rates” and any revisions thereto will be provided at the request of the CLIENT. OUTSIDE CHARGES AND SUB-CONSULTANT FEES: The services of the CONSULTANT DO NOT include fees for permits, permit inspections, application fees, outside consultants, attorney fees, title searches, abstracts, reproductions, or any other “outside” or “sub-consultant” charges or services not specifically detailed. All such charges are subject to a 15% surcharge if invoiced through the offices of LAPHAM ASSOCIATES. STANDARD OF CARE: LAPHAM ASSOCIATES will strive to perform services under this AGREEMENT in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, express or implied, and no warranty or guarantee is included or intended in this AGREEMENT, or in any report, opinion, document, or otherwise. Page 4 of 7 Page 14 of 28  May 18, 2023 CONSTRUCTION COSTS: LAPHAM ASSOCIATES has no control over cost of labor and materials during competitive bidding, and, therefore, does not guarantee the accuracy of any statements of probable construction costs or any semi-detailed or detailed opinion of cost. ASSIGNMENT: CLIENT agrees that no portion of this contract may be assigned to any party other than the assigns or representatives of LAPHAM ASSOCIATES. GOVERNMENTAL ACTIONS: CONSULTANT shall not be liable for damages resulting from delays, actions, inactions, or conditions placed upon the CONSULTANT’s work by Governmental Regulatory Agencies. No guarantee, either written or implied, is made regarding receipt of any governmental permit. INSURANCE: LAPHAM ASSOCIATES maintains Workers Compensation and Employer's Liability Insurance in accordance with state law. In addition, LAPHAM ASSOCIATES maintains Comprehensive General Liability Automobile Liability and Professional Liability Insurance under such coverage that LAPHAM ASSOCIATES considers appropriate. The costs of coverage indicated above are included in LAPHAM ASSOCIATES' quoted fees. If CLIENT deems additional or increased limits of coverage necessary, LAPHAM ASSOCIATES will attempt to obtain the additional requested insurance and will invoice CLIENT separately for any costs associated with the increased coverage. SITE ACCESS AND SITE SAFETY: CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for CONSULTANT to perform the work set forth in this AGREEMENT. CLIENT will notify any and all possessors of the project site that CLIENT has granted CONSULTANT free access to the site. CONSULTANT will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of our work, some damage may occur and the cost for restoration of such damage is not part of this AGREEMENT and is the responsibility of CLIENT. CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. CONSULTANT will take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against CONSULTANT, and agrees to defend, indemnify, and hold CONSULTANT harmless from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, CLIENT agrees to compensate LAPHAM ASSOCIATES for any time spent or expenses incurred by CONSULTANT (including reasonable attorneys' fees) in defense of any such claim, with compensation to be based upon LAPHAM ASSOCIATES’ prevailing fee schedule and expense reimbursement policy. It is understood and agreed that CONSULTANT may take what CONSULTANT believes are prudent measures should CONSULTANT encounter situations that CONSULTANT believes create a danger to public health, safety, or welfare. CLIENT understands this situation and agrees to defend CONSULTANT and hold CONSULTANT harmless from claims arising from CONSULTANT’s exercise of professional responsibility in this regard. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS: Hazardous materials may exist at a site where there is no reason to believe they could or should be present. LAPHAM ASSOCIATES and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. LAPHAM ASSOCIATES and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CONSULTANT to take immediate measures to protect health and safety. CLIENT agrees to compensate LAPHAM ASSOCIATES for any equipment decontamination or other costs incidental to the discovery of unanticipated hazardous materials. LAPHAM ASSOCIATES agrees to notify CLIENT when unanticipated hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold CONSULTANT harmless for any and all consequences of disclosure made by CONSULTANT that are required by governing law. In the event CLIENT does not own the project site, CLIENT recognizes that it is CLIENT's responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. Notwithstanding any other provisions of the AGREEMENT, CLIENT waives any claim against CONSULTANT and, to the maximum extent permitted by law, agrees to defend, indemnify, and save CONSULTANT harmless from any claim, liability, and/or defense costs for injury or loss arising from CONSULTANT’s discovery of unanticipated hazardous materials or suspected hazardous materials, including, but not limited to, any costs created by delay of the project and any costs associated with possible reduction of the property's value. CLIENT acknowledges that CONSULTANT has neither created nor contributed to the creation or existence of any type of hazardous or toxic waste, material, chemical, compound, or substance, or any other type of environmental hazard, contamination, or pollution, whether latent or patent, or the release thereof or the violation of any law or regulation relating thereto, at the site of the project, and it is understood that Page 5 of 7 Page 15 of 28  May 18, 2023 CONSULTANT shall have no liability for any such condition, and CLIENT shall indemnify CONSULTANT for any and all loss, cost, or damage actually sustained and incurred by CONSULTANT in connection therewith. CLIENT further agrees to be responsible for ultimate disposal of any samples secured by CONSULTANT which are found to be contaminated, including drill cuttings, drilling fluids, and decontamination fluids. RISK ALLOCATION: Many risks potentially affect LAPHAM ASSOCIATES by virtue of entering into this AGREEMENT to perform professional and/or consulting services on behalf of CLIENT, one of which is the potential for human error by CONSULTANT. For CLIENT to obtain the benefit of a fee which includes a nominal allowance for dealing with LAPHAM ASSOCIATES' liability, CLIENT agrees to limit CONSULTANT's liability to CLIENT and to all other parties under all theories of recovery, including, but not limited to, breach of contract, warranty, tort (including negligence), strict or statutory liability, or any other cause of action for claims arising out of CONSULTANT's performance of the services described in this AGREEMENT. The aggregate liability of LAPHAM ASSOCIATES will not exceed $50,000 or LAPHAM ASSOCIATES' total fee for the services rendered on the project, whichever is greater, for negligent professional acts, errors, or omissions, and both agree that they will not be liable to each other, under any circumstances, for special, indirect, consequential, or punitive damages arising out of or related to this AGREEMENT. CLIENT agrees to indemnify and hold harmless CONSULTANT from and against all liabilities in excess of the monetary limit established above. If CLIENT wishes, LAPHAM ASSOCIATES will be pleased to discuss higher limits and the associated charges involved. The parties also agree that CLIENT will not seek damages in excess of the limitations indirectly through suits with other parties who may join LAPHAM ASSOCIATES as a third-party defendant, including their officers, employees, agents, affiliates, and subcontractors. TERMINATION: upon ten (10) days written notice, either the CLIENT or LAPHAM ASSOCIATES may terminate all work under this AGREEMENT, with or without cause. Upon termination, LAPHAM ASSOCIATES shall be entitled to payment for all services rendered up to the time of the termination subject to all original terms of payment plus reasonable termination expenses, including, but not limited to the cost of completing analyses, records, and reports necessary to document job status at the time of termination. ENFORCEMENT: Should actions be necessary to enforce any provision of the AGREEMENT or to collect any portion of fees payable, then CLIENT shall pay all costs of litigation, collection expenses, witness fees, court costs and reasonable attorney fees to LAPHAM ASSOCIATES should the CONSULTANT prevail. In the event CLIENT initiates a lawsuit against CONSULTANT due to an alleged failure to perform, error, omission, or negligence and the lawsuit is not successfully prosecuted, the CLIENT agrees to pay original and additional CONSULTANT fees and any and all costs of defense including reasonable attorney fees and associated court costs. LEGAL JURISDICTIONAL AND SEVERABILITY: The parties to this AGREEMENT agree that any action brought to enforce any provision of this AGREEMENT shall only be brought in a court of competent jurisdiction located in the County in the State where the work is being completed. Should any provision of this AGREEMENT be unenforceable for any reason, all other provisions shall remain in force and enforceable to the maximum extent of the law. DISPUTE RESOLUTION: All claims, disputes, and other matters in controversy between LAPHAM ASSOCIATES and CLIENT arising out of or in any way related to this AGREEMENT shall be submitted to binding arbitration by a panel of three (3) arbitrators. LAPHAM ASSOCIATES shall appoint one person not beneficially interested in LAPHAM ASSOCIATES as its arbitrator. CLIENT shall appoint one person not beneficially interested in CLIENT as its arbitrator. The two arbitrators so appointed shall then select a third person to serve as the third arbitrator. Payment for the services of the arbitrators shall be as determined by the arbitrators. A judgment on the award may be entered in the Circuit Court for the County of Clare, Michigan. GOVERNING LAW: The law of the State of Michigan will govern the validity of this AGREEMENT, as well as their interpretation and performance. If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities shall survive termination of this AGREEMENT. CONSULTANT ACTING AS AGENT FOR CLIENT: As a normal practice, CONSULTANT will not act as the AGENT for OWNER/CLIENT unless the CLIENT provides written permission to do so, specifies extent, and accepts liability for AGENTS actions while acting in such a capacity. Page 6 of 7 Page 16 of 28  May 18, 2023 Exhibit A Page 7 of 7 Page 17 of 28  ASPHALT, INC. 900 S. BRADLEY- BOX 389 - MT. PLEASANT, Ml 48858 PHONE (989) 772-0720 - FAX (989)773-7640 l? A ~ “AN EQUAL OPPORTUNITY EMPLOYER" VillageOf Farwell Contact: Jason Walters Address: 109 S. Hall St. Phone: (989) 588-9926 FanNe||, MI 48622 Fax: Project Name: Illinois St. & S. Hall St. Gravel Shoulders Bid Number: Project Location: Bid Date: Place 23A shoulder gravel 2' wide along new pavement on roadway. Item Description Estimated Quantity Unit Unit Price Total Price Shoulder Gravel 1.00 LS $4,500.00 $4,500.00 Total Bid Price: $4,500.00 Notes: Price quoted is for Shoulder Gravel material and placement only. No removal, cutting, grading, or other incidental work is included, unless stated above. Traf?c control devices and ?agging included in this quote. 2 Week notice required for all scheduling. This Proposal may be withdrawn by us if not accepted within: 30 Days Disclaimer of Union Bene?t Plan Contribution Liability Not withstanding any term or provision in this quote or the bid package to the contrary, Central Asphalt Incorporate SHALLNOT, under any circumstances, agree to make any contributions to any of the operating engineers‘ fringe bene?t plans, including without limitation,the operating engineers‘ local 324 pension plan ("plan"). If awarded this work, a subcontract/purchase order shall not require Central Asphalt to make any contributionsto any of the operating engineers‘ ?1'nge bene?t plans including without limitation,to the plan. Payment Terms: 100% upon completion, due 20 days from invoice date, a carrying charge of 1.5% (18% Annually)shall accrue on all past due accounts. If paying by credit card there will be a 4% additional processing fee. Page 18 of 28  Vendor: Deere & Company _ For any questions, please contact: Hutson, Inc. Signature on all LOIS and POs with a Elsignature line 4240 E Rosebush Road Rosebush, Ml 48878 |:] Contract name or number; or JD Quote ID Tel: 989_779_1707 D Sold to street address (no PO box) Fax: 939‘779‘1726 Email: mlohone@hutsonino.oom I: ship to Street address (no PO box) |:] Billto contact name and phone number |:| Billto address to Bill email address (required to send the invoice and/or to obtain the tax D exemption certificate |:l Membership number if required by the contract Page 19 of 28  Jon-umDEEEE ALLPURCHASEORDERS MUST BE MADEOUT ALL PURCHASEORDERS MUST BE SENT TO (VENDOR): T0 DELIVERING DEALER: Deere & Company Hutson, Inc. 2000 John Deere Run 4240 E Rosebush Road Cary, NC 27513 Rosebush, Ml 48878 FED ID: 36-2382580 989-779-1707 UEID:FNSWEDARMK53 rosebush@hutsoninc.com _ Quote Summary Prepared For: Delivering Dealer: VILLAGEOF FARWELL Hutson, Inc. - 225 S HALLST Matt Lohone FARWELL, Ml 48622 4240 E Rosebush Road Business: 989-588-9530 Rosebush, Ml 48878 Mobile: 989-429-4347 Phone: 989-779-1707 fan~elldpw@villageoffarwell.org mlohone@hutsoninc.com Quote ID: 28716753 Created On: 29 April 2023 Last Modified On: 29 April 2023 Expiration Date: 28 May 2023 Page 20 of 28  JQHN DEEEE .:_.j ALL PURCHASE ORDERSMUST BE MADEOUT ALL PURCHASE ORDERS MUST BE SENT , TO (VENDOR): TO DELIVERINGDEALER: Deere & Company Hutson, Inc. 2000 John Deere Run 4240 E Rosebush Road Cary, NC 27513 Rosebush, Ml 48878 FED ID: 36-2382580 989-779-1707 UEID:FNSWEDARMK53 rosebush@hutsoninc.com * Includes Fees and Non-contract items Quote Summary Equipment Total $ 14,234.67 Trade In SubTotal $ 14,234.67 Est. Service $ 0.00 Agreement Tax Total $ 14,234.67 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 14,234.67 Page 21 of 28  JOHN DEERE Selling Equipment Quote id: 28716753 Customer Name: VILLAGEOF FARWELL ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO (VENDOR): TO DELIVERINGDEALER: Deere & Company Hutson, Inc. 2000 John Deere Run 4240 E Rosebush Road Cary, NC 27513 Rosebush, Ml 48878 FED ID:36-2382580 989-779-1707 UEID: FNSWEDARMK53 rosebush@hutsoninc.com JOHN DEERE GATORTM XUV590E (Model Year 2023) ' Hours: Suggested List * Stock Number: $ 15,994.02 * Contract: Ml Ag, Grounds, and Roadside 071B7700085 (PG Se||in9 Price 3W CG 22) $ 14,234.67 Price Effective Date: November 4, 2022 * - Price per item includes Fees and Non-contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract P?ce 590AM GATORTMXUV590E (Model 1 $ 14,399.00 11.00 $ 1,583.89 $ 12,815.11 $ 12,815.11 Year 2023) ' ‘ ' 001A us / CANADA 1 $ 0.00 11.00 $ 0.00 $ 0.00 "$0160" 0505 Build to Order 1 $ 0.00 11.00 $ 0.00 $ 0.00 $ 0.00 1000 25" Terra Hawk all-terrain 1 $ 0.00 11.00 $ 0.00 $ 0.00 $ 0.00 tires on 12" Yellow Steel Wheels 2007 - Bench Seat Black $ 0.00 11.00 $ 0.00 1 $ 0.00 $ 0.00 2302 Standard Tenneco Twin 1 $ 0.00 11.00 $ 0.00 $ 0.00 $ 0.00 Tube Shock 2500 Green & Yellow 1 $ 0.00 11.00 $ 0.00 $ 0.00 $ 0.00 3002 Cargo Box without Box Rails 1 $ 0.00 11.00 $ 0.00 $ 0.00 $ 0.00 3100 Manual Lift 1 $ 0.00 11.00 $ 0.00 $ 0.00 $ 0.00 4002 OPS with Nets & Brakel 1 $ 0.00 11.00 $ 0.00 $ 0.00 $ 0.00 Page 22 of 28 Taillights 4030 Black Roof 1 $ 433.00 11.00 $ 47.63 $ 385.37 $ 385.37 4149 Less Packages 1 $ 0.00 11.00 $ 0.00 $ 0.00 $ 0.00  JQHN DEERE Selling Equipment Quote Id: 28716753 Customer Name: VILLAGEOF FARWELL ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO (VENDOR): TO DELIVERINGDEALER: Deere & Company Hutson, Inc. 2000 John Deere Run 4240 E Rosebush Road Cary, NC 27513 Rosebush, Ml 48878 FED ID: 36-2382580 989-779-1707 UEID:FNSWEDARMK53 rosebush@hutsoninc.com Value Added Services Total Total Selling Price $ 15,994.02 $ 1,759.35 $ 14,234.67 $ 14,234.67 Page 23 of 28  Product Quotation QuotationNumber: MMB—03437 E —"",’-'5» *1;3°‘ 0 Date: 2023-05-17 11:44:53 Customer Name/Address: . . ORDERS TO BE PLACED WITH: Bobcat Dehvenng Dealer Contract Holder/Manufacturer VILLAGE OF FARWELL Ellens Equipment, Inc., McBain, Ml Clark Equipment Company Attn: JASON WALTERS 5297 W STONEY CORNERS dba Bobcat Company 109 S HALL ST MCBAINMl 49657 250 E Beaton Dr FARWELL, Ml 48622 Phone: 231-825-2416 West Fargo, ND 58078 Phone: (989) 588-9926 Fax: 231-825-2292 Phone: 701-241-8719 Fax: 855-608-0681 Contact: Heather Messmer Heather.Messmer@doosan.com Description Part No Qty Price Ea. Total UV34 Gas Utmty Vehide M1503 1 $16,383.76 $16,383.76 Engine Operator Compartment 0 Liquid Cooled Engine 0 Beverage Holder (4) 0 40 HP Gas EFI Engine 0 60/40 Split Bench Seats (3 Occupants) 0 Pressurized Oiling System with Spin On Filter 0 Under Seat, Upper & Lower Dash Storage 0 Engine Protection Oil Pressure & Water Temp 0 Sealed Glove Box Storage 0 High Capacity Air Filter 0 3 Seat Belts with 3 Point Restraint I 49 State Emission Compliant Tires Drive System 0 All Terrain Industrial (8 ply) 0 CVT (Continuous Variable Transmission) 0 Front/Rear, 26x10 12 0 Sealed CVT Cover w/remote intake & exhaust Wheels 0 Four Wheel Drive 3 Drive Modes 0 Front/Rear, l2X6 Orange Steel Rim 0 Forward Travel, Two Range (H/L) Electrical o Integrated In-Transrnission Park(1>) 0 Headlights, High & Low Beams 4-35 Watts 0 - Brakes 4 Wheel, Hydraulic Disc with Dual—Bore ' LED Tail & Brake Lights Front Calipers 0 6 Outlet Accessory Pwr Bar 0 CV Guard, Front 0 75 Amp/900W Stator I Shaft Drive with CV Joints 0 575 CCA Battery Suspension & Steering Instrumentation Panel c - From Independent, Dual A Arm 0 Indicator Lights: Glow Plug (Diesel Only), Seat o - Rear Independent, Due] A Ann Belt Reminder, High Beam On, Engine Oil 0 Adjustable Front and Rear Coil Over Shocks Pressure , Rack & pinion (Diesel only), Engine Temp High, Service Power Steering 0 Electric Power Steering Assist and Service Engine‘ ' _ , Tilt Steering Column 0 LCD Display: Speedo, Engine Temp, Engine RPM, Volt, Trip and Hour Meter, Tachometer, Fuel Level, Clock, Drive Mode, Odometer, Service Reminder and Gear Page 24 of 28 Position.  Windshield - Tip-Out Glass 7360057 1 $1,281.48 $1,281.48 UV34 Gas EPS Base Package M1503-P01-C02 1 $0.00 $0.00 Total of Items Quoted $18,855.20 Freight Charges $0.00 Dealer Assembly Charges $202.50 Quote Total - US dollars $19,057.70 Notes: *Prices per the Michigan State Contract— 071B7700088 *Terms Net 60 Days. Credit cards accepted. *FOB Destination *State Sales Taxes apply. IF Tax Exempt, please include Tax Exemgt Certificate with order. *TlD# 38-0425350 *Orders Must Be Placed with Clark Equipment Company dba Bobcat Company, Govt Sales, 250 E Beaton Drive, West Fargo, ND 58078. *Quote valid for 30 days ORDER ACCEPTED BY: SIGNATURE DATE PRINT NAME AND TITLE PURCHASE ORDER NUMBER DELIVERYADDRESS: BILLINGADDRESS (if different than Ship To): Page 25 of 28  ® CAPITAL EQUIPMENT CLARE, LLC °"°’°P“9“°' Quote Number: 519091 Effective Date: 05/12/2023 Valid Through: 05/31/2023 Ship To Kubota Dealer Bill To Village of Farwell CAPITAL EQUIPMENT Jeremy Zebrowski Village of Farwell Jason Walters CLARE.LLC Phone: (989) 386-2192 Jason Walters Ml 302 N MCEWAN ST Email: jeremyz@cedealer.com Ml : (989) 429-4347 CLARE, Ml 48617 : (989)429-4347 RTV520D-HS - 17.4 HP GAS EFI ENGINE UTILITYVEHICLE Description Manufacturer Model # Qty MSRP Price Each Total 17.4 HP GAS EFI ENGINE UTILITY vemcu: Kubota RTV520D-HS 1 $12,599.00 $12,357.22 $12,357.22 POLY—CABMOUNTING KIT Kubota 77700-V4310A 1 $493.37 $383.73 $333.73 POLY WINDSHIELD - HARD COAT Kubota 777oo—v435a 1 $1 .44o.97 $1,120.76 $1 ,12o.7s WIPER KIT Kubota 77700-V4367 1 $255.47 $199.43 $199.45 TURN SIGNALIHAZARDLlGHT KIT Kubota K7321-99610 1 $318.27 $247.54 $247.54 PLASTIC CANOPY Kubota K7311-99390 1 $277.07 $215.50 $215.50 Cash Details Equipment Total $14,524.23 Additional Charges $000 Cash Incentives ($86539) Cash Sale Price 51355734 Page 26 of 28  |(-Jbolo. V Series RTV520D-HS (Orange Deluxe) * * * EQUIPMENT IN STANDARDMACHINE * * * GASOLINEENGINE DIMENSIONS Model Kubota GZ520-E3F-UV Width 54.7 in 2 cyl, 4 cycle OHC Height 74.0 in Water cooled Length 105.1 in Electronic fuel injection (EFI) Wheelbase 70.8 in 27.8 cu. in. Tow Capacity 1168 lbs +17.4 Net Eng HP Ground Clearance F/R8.1 in/6.7in TRANSMISSION CARGO BOX Variable Hydro Transmission Width 40.6 in Fon/vard Speeds: Length 33.7 in — Depth 11.4 in Low 0 10 mph - High 0 25 mph Load Capacity 441 lbs - Vol. Capacity 9.0 cu ft Reverse 0 10 mph Rear differential lock OPERATING FEATURES FLUIDCAPACITY Rack and Pinion Steering Fuel Tank 5.0 gal VHT Plus Transmission Cooling 1.3 qts Front Independent Suspension Engine 1.43 qts Rear Semi-independent Suspension - Transmission 2.38 gal Brakes Front/RearDry Disc Brake Fluid 0.21 Rear Brake Lights / Front Headlights — 2" Hitch Receiver Front & Rear SAFETY EQUIPMENT OSHA 1928.52 ROPS and seat belt Rear Wheel Hand Parking Brake Spark Arrestor Muffler - Sound Level operator's Ear 81.9 dBA @ max. rpms Page 27 of 28  CHAMBERLIN PONY RIDES INVOICE Reservations: 734-780-5800 wvvw.chamberIinponyrldes.com chamberlinanimalrides@yahoo.com Bill To Invoice # 13241 Rachael Humphrey Invoice Date 07/21/2023 Date: Friday, July 21 st 2023 DESCRIPTION AMOUNT Date: Friday, July 21st 2023 1,210.00 Time: 12-3pm (3 Hours) Name: Rachael Humphrey Address: 109 S Hall St, Fan/vell, Ml 48622 Cell: 9895889926 Email: rachae|@vi|lageoffan/vell.org, Children Expected: 50-100 Ages of Children Expected: 1-12 My event will be from: 7/21: it is from noon-dark and 7/22: it is from 8am-2pm I My Little Pony - UNICORN Includes: 1 MiniZoo (Ducks- Chickens - Bunnies) (No Attendant) 1 Pony or 1 Horse for back rides - (up to 15-20 rides per hour) Twisty Balloons (up to 15 of either one each hour) BALLOONTWISTING: Simple one balloon designs: Hat, Dog, Sword, etc. *Note: Balloons are done at the end of the party for the safety of our animals I and your guests. 1 PAYMENT TOTAL CHARGE: $1,210 Page 28 of 28 Breakdown: $385 - Package