Regular Council

AGENDA Regular Council Meeting 6:00 PM - Monday, November 20, 2023 Village Council Room Page CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF THE AGENDA a. II. 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. III. *ADOPTION OF MINUTES 4-7 a. *Monday, November 6th, 2023 Regular Council Meeting Minutes 11.06.2023 Regular Council Meeting Minutes - UA Page 1 of 32  IV. PUBLIC COMMENT V. UNFINISHED BUSINESS a. Mill Pond Park Questions 8 - 13 b. Mill Pond Handrail Quotes Handrail Spec & Quotes c. Sidewalk Project Land Survey 14 - 16 d. Request for Proposals Building Improvements Request for Proposal 109 S. Hall St. 17 - 21 e. Wellhead Protection Plan and DWSRF Project Plan Request for Proposal 22 - 28 f. Wade Trim Professional Services Agreement for Master Plan Professional Services Agreement - Wade Trim g. Sewer Project Updates VI. NEW BUSINESS 29 a. Clare County Habitat for Humanity Request Parcel 041-643-003-50 b. Service Agreements VII. ADMINISTRATIVE REPORT VIII. TREASURER REPORT 30 a. 11.2023 Treasurer's Report (11.16.2023) 31 b. 10.31.2023 Bank & Fund Report IX. ZONING REPORT X. COMMITTEE REPORT Page 2 of 32  a. Finance b. Parks & Rec 32 c. DPW 11.16.2023 Minutes d. Personnel XI. PRESIDENT DISCUSSION XII. EMPLOYEE DISCUSSION XIII. ADDITIONAL REMARKS XIV. EXTENDED PUBLIC COMMENT XV. ADJOURNMENT NEXT REGULAR COUNCIL MEETING ON MONDAY, DECEMBER 4, 2023 AT 6:00PM Page 3 of 32  MINUTES Regular Council Meeting 6:00 PM - Monday, November 6, 2023 Village Council Room The Regular Council of the Village of Farwell was called to order on Monday, November 6, 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 Jeff Linton, Trustee Victoria Williams, Trustee Shawn Burger, and Trustee Tonya Roe EXCUSED: I. APPROVAL OF THE AGENDA a. Trustee Amanda Pfruender made a motion to approve the agenda with the following additions: under New Business item g. "Michel's Application for Payment Request" and item h. "Longevity Policy" Trustee Victoria Williams seconded the motion. Motion Carried. II. 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 approve the consent agenda Trustee Amanda Pfruender seconded the motion. Motion Carried III. MMDC PRESENTATION a. Sarah Adkins and Jim McBryde from Middle Michigan Development Corporation presented to Council the 2022 Annual Report. IV. *ADOPTION OF MINUTES a. *Monday, October 16th, 2023 Regular Council Meeting Minutes V. APPROVAL OF PAYMENT OF BILLS AND PAYROLL FOR OCTOBER 2023 IN THE AMOUNT OF $347,307.69 Page Page41ofof32 4  a. Trustee Amanda Pfruender made a motion to approve the payment of bills and payroll for October 2023 in the amount of $347,307.69 Trustee Gina Hamilton seconded the motion. Roll Call. Yeas: Trustee Amanda Pfruender, Trustee Gina Hamilton, Trustee Tonya Roe, Trustee Victoria Williams, Trustee Jeff Linton, Trustee Shawn Burger, and President Tracey Jackson. Nays: None. Motion Carried VI. PUBLIC COMMENT a. No public comment received at this time. VII. UNFINISHED BUSINESS a. Adrian provided some updates to Council about the Trunkline. MDOT has installed some more speed signs and are planning to do a speed limit/traffic study in the Spring. b. Updates on the Mill Pond were discussed. Dredging is complete and Michel's will come back in the Spring to finish up with the spoils and site restoration. A draft site plan for the park improvements was reviewed. c. Council reviewed two quotes for the fabrication and installation of a handrail at the Mill Pond, one from SharpCo and one from Bill's Custom Fab. Council would like Jason to reach back out to Bill's Custom Fab to ask for a quote that aligns with spec sheet. Council would also like Jason to try and obtain additional quotes. This will be placed on the November 20th agenda. d. The sidewalk project on Michigan Street was discussed. A quote from Lapham's was reviewed but it included the cost of design. Council would like Jason to obtain multiple quotes for a certified land survey of the property frontage along Michigan Street. This will be placed on the November 20th agenda. VIII. NEW BUSINESS a. The 2024 Calendar Year Meeting Schedules were presented to Council. Trustee Gina Hamilton made a motion to adopt the 2024 Calendar Year Meeting Schedules as presented Trustee Amanda Pfruender seconded the motion. Motion Carried. b. President Tracey Jackson nominated Lynn Salinas for a 2-year term on the Downtown Development Authority Board and Arika Prueter for a 2-year term on the Downtown Development Authority Board. Trustee Gina Hamilton made a motion to appoint Lynn Salinas and Arika Prueter to the Village of Farwell Downtown Development Authority Board, both for 2 year terms Trustee Tonya Roe seconded the motion. Motion Carried Page Page52ofof32 4  c. Building updates to Village Office were discussed. The current front office is not ADA compliant. One quote from Shattuck Builders was reviewed. Adrian will work on getting some more quotes to bring back to Council. d. A Metro Act Permit submitted by Point Broadband Fiber Holding, LLC. was reviewed. Trustee Amanda Pfruender made a motion to approve the METRO Act permit application for Point Broadband Fiber Holdings, LLC as presented Trustee Gina Hamilton seconded the motion. Roll Call. Yeas: Trustee Amanda Pfruender, Trustee Gina Hamilton, Trustee Tonya Roe, Trustee Victoria Williams, Trustee Jeff Linton, Trustee Shawn Burger, and President Tracey Jackson. Nays: None. Motion Carried e. The State of Michigan Drinking Water State Revolving Fund (DWSRF) was discussed. An intent to apply has been submitted, which is a placeholder for the Village in the event that the Village would like to apply for a grant through the program. Part of this process would be to create and adopt a Wellhead Protection Plan and Project Plan. Council would like requests for proposals to be sent out for pricing on the plans. f. Council discussed the removal of a dead tree on Michigan Street and it was the consensus to remove the tree, up to $1,000.00 in cost, so long as the stump is ground/removed as well. g. Council reviewed an application for payment from Michel's Corporation for the dredging work completed at the Mill Pond in the amount of $680,000.00 with $120,000.00 to be paid after final site restoration take place. Trustee Gina Hamilton made a motion to approve the application for payment to Michel's Construction Inc., for the dredging of the Mill Pond, in the amount $680,000.00 Trustee Amanda Pfruender seconded the motion. Roll Call. Yeas: Trustee Gina Hamilton, Trustee Amanda Pfruender, Trustee Victoria Williams, Trustee Tonya Roe, Trustee Shawn Burger, Trustee Jeff Linton, and President Tracey Jackson. Nays: None. Motion Carried. h. The Longevity Policy was reviewed to possibly include part time employees. This will be reviewed for the next budget year. IX. ADMINISTRATIVE REPORT a. Adrian updated the Council on the Clare County Land Bank Authority Meeting she attended today. There is a round of funding available for blighted properties within the County. The deadline to submit applications for this round is November 21st. Page Page63ofof32 4 X. COMMITTEE REPORT a. Finance There were concerns raised about overtime. Council would like Adrian to send out a memo to all employees in regard to this matter. b. Parks & Rec Committee Chair Gina Hamilton and Trustee Victoria Williams reviewed with Council the Parks & Rec Meeting held last Thursday and also provided some updates on some upcoming events. c. DPW There was a request for the DPW to pick up leaf/brush on Pine Tree Drive and from Corning Apts. There is an upcoming DPW Meeting next Thursday. d. Personnel e. An updated Zoning Report was presented to Council. XI. PRESIDENT DISCUSSION a. President Tracey Jackson provided some updates to Council. XII. ADDITIONAL REMARKS XIII. EXTENDED PUBLIC COMMENT a. No public comment received at this time. XIV. ADJOURNMENT a. Trustee Amanda Pfruender made a motion to adjourn the meeting at 8:22pm Trustee Victoria Williams seconded the motion. Motion Carried. NEXT REGULAR COUNCIL MEETING ON MONDAY, NOVEMBER 20, 2023 AT 6:00PM Clerk/Treasurer President Page Page74ofof32 4  Village of Farwell Millpond Spillway Handrailing 0 Use 2—inchtubing for framework, 3/; inch solid round stock spindles (spindles no more than 4 inches apart) and 3/8 inch thick for base plates. 0 Railing should measure 4 foot in height on all sides. East side of north and south railings should step up to approximately 8 feet to match the east side railing, as shown in drawing. 0 Measurements are approximant, railings will need to be custom ?t. 0 North and south rails need to hang out over shoring into water's edge, to prevent anyone from walking on spillway. 0 A total of 3 railing sections will be needed, approximately 105 linear feet. 0 Galvanize coating of entire railing before installation. 0 Attach railing to concrete base of spillway. 0 Contractor responsible for entire fabrication and installation of handrail at spillway sight. 0 The contractor must be insured, Village of Farwell will not be liable for any accidents that may occur on the jobsite. I Allthree railings should bolt together as one unit when installed 0 Pictures attached are for reference only. Page 8 of 32 Page 9 of 32 Page 10 of 32 Page 11 of 32  3 ___.,,c Estimate 4 I ‘I 9/19/2023 643 ‘ Q ‘ __ }{‘2()"é)’¢ Name / Address Village ofFarwell 2" tubing, 3/4" round,3/8" plate and cement anchors for New dam 5.76131 5,761.31 project. Field measure, shop fabrication, and ?eld lit up prior to powder coat 8,000.00 8,000.00 of 4‘ tall barricade handrail around New Darn Approximately 105 linear ft of railing. Also includes added labor to vent railings for Galvanizing option Galvanizing option including shipping to and from Galvanize 5,540.00 5,540.00 Installation on site 2,500.00 2,500.00 Page 12 of 32  7*‘ ILL’S ‘ V’ '1 V “W (__..;I.x.~_»'1‘( nu F.«u;, I1\ ( . I836 Gover Parkway Mt. Pleasant, Ml 48858 Ph. (989) 772-5817 Fx, (989) 773-7704 estimator@billscustomFab.com www. billscust0mfab.com November 9 2023 Pro osal #23-241 Rev1 Village of FanNe|| Attn: Jason Walters DPW Supervisor Email: farwelldpw@vi|lageoffarwe|l.org — This proposal is based on current steel industry prices. Due to current market conditions, our suppliers will only hold their prices for 24 hours. We reserve the right to adjust material prices upon receipt of your order. This may result in an increase or decrease in material prices. Labor prices will remain unaffected. RE: Guard rail Proposal to provide labor and material to fabricate and install five (5) guard rail sections at the MillCreek Pond Dam. These guards will be 2" schedule 40 pipe main frame with 3/4" hot rolled square balusters. These guard rails will be 42” tall (code). These guard rails will be hot dipped galvanized. Skytrak rental is included for installation. Any road/safety equipment and/or people will be provided by FanNell DPW or others. TOTAL PROPOSED PRICE: $19,712.00 Add $184.32 if taxable EXCLUSIONS: 1. No Enineering 2. No Prevailing wage 3. No Finish paint 4. No Inspections 5. Anything not listed above Page 13 of 32 If approved, please sign and faxlemail a copy to Bill's Custom Fab, Inc. Thank you for the opportunity to quote this project. We look fonivard to working with you.  Village of Farwell REQUEST FOR PROPOSAL Building Improvements for 109 S. Hall St., Farwell, MI 48622 Village of Farwell 109 South Hall Street Farwell, Michigan 48622 November 17, 2023 Page 14 of 32  REQUEST FOR PROPOSAL Introduction Village of Farwell requests that your company make a proposal for your services for office building repairs located at: 109 South Hall Street Farwell, MI 48622 Contact Information Please contact Adrian Krawczynski for questions about the proposal submission details and project details: Phone: 989-588-9926 E-mail: adrian@villageoffarwell.org Project Specifications i. Remove old flooring, remove a portion of interior wall. ii. Build new interior wall (approx. 2x4x10’ w/3ft’ door opening) iii. Existing window on existing wall (Frame and install sliding window) iv. Install, finish and paint new drywall v. Repair any damage to existing drywall vi. Install new plank/vinyl flooring in entrance vii. Install a 36” interior door with base board viii. Electrical work ix. Commercial 36” steel framed door and 32”x 25.5 window. x. Remove all job waste. All aspects of the job must be ADA compliant. Contractors are invited and encouraged to contact the Village to conduct an in-person inspection and/or measurements. Timeline Milestone: Date: Requests for Proposals Sent Out November 27, 2023 Deadline for Proposals December 15, 2023 Project Start Date January 01, 2024 Project Completion Date April 01, 2024 Expectations Contracts will be awarded based on the information presented in the proposals received. We will award contracts based on the proposal expected to be the most beneficial to our project based on a variety of factors. Village of Farwell reserves the right to award more than one contract, accept the lowest price offer, award contracts before the proposal deadline listed in the timeline, award contracts before all proposals are received, and refuse any contract without obligation to Village of Farwell or to the company offering the proposal. Page 15 of 32 Proposal Deadline All proposals must be submitted to Village of Farwell by December 15, 2023 to be considered. Selection Criteria All offers submitted will be considered based upon the materials provided in the proposal. Consideration will be given to performance projections as well as cost and staff requirements. Only those proposals submitted by the deadline above will be considered. The following criteria will be the primary considerations for selecting a proposal: 1. Submission of all proposals in the correct format by the stated deadline. 2. The perceived effectiveness of the proposal's solution for Village of Farwell's stated mission. 3. The perceived ability for the proposing company's ability to deliver their services set forth in their proposal. 4. The proposing company's past performance in delivering such services. 5. Availability of sufficient high-quality personnel with the required skills for the specific approach proposed. 6. Overall cost of the proposal. Insurance The selected contractor must be licensed and insured. Page 16 of 32  Village of Farwell REQUEST FOR PROPOSAL Wellhead Protection Plan and Drinking Water State Revolving Fund Project Plan Village of Farwell 109 South Hall Street Farwell, Michigan 48622 November 10, 2023 Page 17 of 32  REQUEST FOR PROPOSAL Wellhead Protection Plan and Drinking Water State Revolving Fund Project Plan Farwell, Michigan Article I. Introduction Village of Farwell requests that your company make a proposal for your services on a Wellhead Protection Plan and Drinking Water State Revolving Fund Project Plan. The following proposal request will outline the project goals and detail the format you should submit your proposal. Please read the timeline carefully. In order for your proposal to be considered, your proposal must meet our deadlines included in the timeline under Section 2.02. Section 1.01 Location Your bid is for engineering and planning services for a Wellhead Protection Plan and Drinking Water State Revolving Fund Project Plan located within the Village of Farwell, Michigan. Section 1.02 Contact Information Please contact Adrian Krawczynski for questions about the proposal submission details: Phone: 989-588-9926 E-mail: adrian@villageoffarwell.org Please contact Jason Walters for questions about the project details: Phone: 989-429-4347 E-mail: farwelldpw@villageoffarwell.org Article II. The Project Section 2.01 Mission By the end of this project we hope to achieve the following: To have a complete and comprehensive Wellhead Protection Plan for the Village of Farwell as well as to submit a successful application to the Michigan Drinking Water State Revolving Fund Program. Section 2.02 Project Specifications The Village of Farwell is seeking proposals to create a Wellhead Protection Plan and a Drinking Water State Revolving Fund Project Plan. The Wellhead Protection Plan must include the following key areas; identifying roles and duties, delineation, identification of potential contaminant sources, management approaches for future maintenance and regulatory requirements, contingency plans, possible location of new wells, and public participation and public education. Page 18 of 32  The services requested for assistance in applying for the State of Michigan Drinking Water State Revolving Fund must include assistance in completing the revolving fund application (parts I, II, and III), a detailed project description, cost breakdown, and project schedule, a project planning document, and a set of plans and specifications suitable for the bidding process. Section 2.03 Timeline In order to complete our mission, we have set the following timetable. This timetable is subject to change by the managers of this project. Milestone: Date: Requests for Proposals Sent Out November 27, 2023 Deadline for Proposals December 15, 2023 Project Start Date January 01, 2024 Wellhead Plan Due (min) May 01, 2024 Application Due (min) May 01, 2024 Project Completion Date N/A Article III. The Proposal Section 3.01 Summary of Proposal (a) Expectations Contracts will be awarded based on the information presented in the proposals received. We will award contracts based on the proposal expected to be the most beneficial to our project based on a variety of factors. Village of Farwell reserves the right to award more than one contract, accept the lowest price offer, award contracts before the proposal deadline listed in the timeline, award contracts before all proposals are received, and refuse any contract without obligation to Village of Farwell or to the company offering the proposal. (b) Proposal Deadline All proposals must be submitted to Village of Farwell by December 15, 2023 to be considered for their contribution to Wellhead Protection Plan and Drinking Water State Revolving Fund Project Plan. (c) Selection Criteria All offers submitted will be considered based upon the materials provided in the proposal. Consideration will be given to performance projections as well as cost and staff requirements. Only those proposals submitted by the deadline above will be considered. The following criteria will be the primary considerations for selecting a proposal: 1. Submission of all proposals in the correct format by the stated deadline. Page 19 of 32  2. The perceived effectiveness of the proposal's solution for Village of Farwell's stated mission. 3. The perceived ability for the proposing company's ability to deliver their services set forth in their proposal. 4. The proposing company's past performance in delivering such services. 5. Availability of sufficient high quality personnel with the required skills for the specific approach proposed. 6. Overall cost of the proposal. Village of Farwell may suspend or discontinue proposals at any time without notice or obligation to the company that submitted the proposal. (d) Proposal Format: Village of Farwell suggests that you include the following information in your proposal. Proposals should adequately address the details of the proposed contract. (i) Contractor Summary (ii) Capabilities and Methodology (iii) Expected Results and Timeline (iv) Executives, Staffing, and Management (v) Communication (vi) Expense Breakdown (vii) Expense Summary (viii) Licensing and Bonding (ix) Insurance (x) References Section 3.02 Proposal Details (a) Contractor Summary Include a brief history of your company including your past experience in dealing with similar projects. Also include the owners' names or those persons authorized to sign contracts for your business. (b) Capabilities and Methodology Detail your company's capabilities in delivering the requests in this proposal. You should use this section to outline specifically your proposed method for achieving your goal. This should include a detailed timeline of milestones for completing the project. Page 20 of 32 (c) Expected Results and Timeline Use this section to summarize the expected results of your methodology listed above. This should include a summary of your timeline for completing the project. (d) Executives, Staffing, and Management List the high level executives or officers in charge of completing the project and a summary of their background. You should also use this section to list the projected staffing and management necessities and their estimated cost. Specify how you will obtain the staff to complete the project. (e) Communication Explain how you intend to communicate between executives, management, and staff in addition to how you will communicate to the project manager to ensure the project stays on schedule. (f) Expense Breakdown Build a detailed list of all expected expenses. (g) Expense Summary Give a brief summary of the total costs for your proposed contract. You may also include a brief explanation of the contributing costs to the total cost. (h) Licensing and Bonding If applicable, include the details of your licenses and bonds for the services you are proposing. If possible, enclose proof of your licenses and bonds. (i) Insurance If applicable, provide the details of insurance your company will provide for your staff and the project. (j) References Provide 2 references for similar past projects. Page 21 of 32  Professional Services Agreement (Short Form) Agreement To engage the Services of Wade Trim Associates, Inc., as a Design, Planning, Testing and/or Land Survey Professional. This Agreement, entitled Village of Farwell Master Plan Update between Village of Farwell of 109 S. Hall Street, P.O. Box 374, Farwell, MI 48622, hereinafter called "Owner," and Wade Trim Associates, 500 Griswold Street, Suite 2500, Detroit, MI 48226, hereinafter called "Professional," is as follows: The Owner and Professional, for mutual consideration hereinafter set forth, agree as follows: A. Professional agrees to perform certain professional services for Owner as follows: As set forth in Wade Trim’s proposal letter, dated July 7, 2023, and made part of this agreement. B. Owner agrees to pay Professional as compensation for his services as follows: A lump sum fee of $19,600 as described in our proposal letter dated July 7, 2023, and made part of this agreement. All effort and cost will be invoiced monthly for our effort to date. C Owner agrees to establish an allowance of $N/A for additional services on this Project (not less than 10% of the compensation amount specified in Item B.) D. The Owner and Professional agree to conditions as set forth on the reverse side in the General Provisions of this Agreement. E. The Owner and Professional agree to the following schedule: As described in Wade Trim’s proposal letter, dated July 7, 2023. F. Professional has the option to render this Agreement null and void, if it is not executed within 60 days. Owner: Professional: By: By: Jason T. Smith (Print Name) (Print Name) Title: Title: Vice President Date Signed: Date Signed: WT114-01 10/26/22 Page 22 of 32  General Provisions 1.01 Basic Agreement performed or furnished by Professional under this Agreement will be the care and A. Professional shall provide, or cause to be provided, the services set forth in skill ordinarily used by members of the subject profession practicing under similar this Agreement, and Owner shall pay Professional for such Services as set forth circumstances at the same time and in the same locality. Professional makes no herein. warranties, express or implied, under this Agreement or otherwise, in connection 2.01 Payment Procedures with Professional’s services. Professional and its consultants may use or rely upon A. Preparation of Invoices. Professional will prepare a monthly invoice in the design services of others, including, but not limited to, contractors, accordance with Professional’s standard invoicing practices and submit the manufacturers, and suppliers and Professional shall not be responsible for design invoice to Owner. services provided by others. B. Payment of Invoices. Invoices are due and payable within 30 days of receipt. B. Professional shall not at any time supervise, direct, or have control over any If Owner fails to make any payment due Professional for services and expenses contractor’s work, nor shall Professional have authority over or responsibility for within 30 days after receipt of Professional’s invoice, the amounts due the means, methods, techniques, sequences, or procedures of construction Professional will be increased at the rate of 1.0% per month (or the maximum rate selected or used by any contractor, for safety precautions and programs incident of interest permitted by law, if less) from said thirtieth day. In addition, Professional to a contractor’s work progress, nor for any failure of any contractor to comply with may, without liability, after giving seven days written notice to Owner, suspend laws and regulations applicable to contractor’s work. services under this Agreement until Professional has been paid in full all amounts C. Professional neither guarantees the performance of any contractor nor due for services, expenses, and other related charges. Payments will be credited assumes responsibility for any contractor’s failure to furnish and perform its work first to interest and then to principal. in accordance with the contract between Owner and such contractor. 3.01 Additional Services D. Professional shall not be responsible for the acts or omissions of any A. If authorized by Owner, or if required because of changes in the Project, contractor, subcontractor, or supplier, or of any contractor’s agents or employees Professional shall furnish services in addition to those set forth above. or any other persons (except Professional’s own employees) at the Project site or B. Owner shall pay Professional for such additional services as follows: For otherwise furnishing or performing any of construction work; or for any decision additional services of Professional’s employees engaged directly on the Project made on interpretations or clarifications of the construction contract given by an amount equal to the cumulative hours charged to the Project by each class of Owner without consultation and advice of Professional. Professional’s employees times standard hourly rates for each applicable billing E. The provisions in this Agreement supersede and render null and void any class; plus reimbursable expenses and Professional’s consultants’ charges with a contrary provisions in the contract documents between Owner and Contractor. 15% mark-up, if any. F. All design documents prepared or furnished by Professional are instruments 4.01 Termination of service, and Professional retains an ownership and property interest (including A. The obligation to provide further services under this Agreement may be the copyright and the right of reuse) in such documents, whether or not the Project terminated: is completed. 1. For cause, G. To the fullest extent permitted by law, Owner and Professional (1) waive a. By either party upon 30 days written notice in the event of substantial failure against each other, and the other’s employees, officers, directors, agents, by the other party to perform in accordance with the Agreement’s terms insurers, partners, and consultants, any and all claims for or entitlement to special, through no fault of the terminating party. incidental, indirect, or consequential damages arising out of, resulting from, or in b. By Professional: any way related to the Project, and (2) agree that Professional’s total liability to 1) upon seven days written notice if Professional believes that Owner under this Agreement shall be limited to $50,000 or the total amount of Professional is being requested by Owner to furnish or perform services compensation received by Professional, whichever is less. which are outside of the agreed upon scope of services without H. The parties acknowledge that Professional’s scope of services does not compensation, which are contrary to Professional’s responsibilities as a include any services related to a Hazardous Environmental Condition (including licensed professional; or but not limited to the presence of asbestos, PCBs, petroleum, hazardous 2) upon seven days written notice if the Professional’s services for the substances or waste, and radioactive materials). If Professional or any other party Project are delayed or suspended for more than 90 days for reasons encounters a Hazardous Environmental Condition, Professional may, at its option beyond Professional’s control. and without liability for consequential or any other damages, suspend 3) Professional shall have no liability to Owner on account of such performance of services on the portion of the Project affected thereby until Owner: termination. (i) retains appropriate specialist consultants or contractors to identify and, as c. Notwithstanding the foregoing, this Agreement will not terminate as a result appropriate, abate, remediate, or remove the Hazardous Environmental of a substantial failure under paragraph 4.01.A.1.a if the party receiving such Condition; and (ii) warrants that the Site is in full compliance with applicable Laws notice begins, within seven days of receipt of such notice, to correct its failure and Regulations. and proceeds diligently to cure such failure within no more than 30 days of 8.01 Dispute Resolution receipt of notice; provided, however, that if and to the extent such substantial Except for debt collection cases for less than $25,000, and except as otherwise failure cannot be reasonably cured within such 30 day period, and if such party provided herein, all claims, counterclaims, disputes and other matters in question has diligently attempted to cure the same and thereafter continues diligently between the parties hereto arising out of or relating to this Agreement or the to cure the same, then the cure period provided for herein shall extend up to, breach thereof will be decided by arbitration in accordance with the Construction but in no case more than, 60 days after the date of receipt of the notice. Industry Arbitration Rules of the American Arbitration Association then obtaining, 2. For convenience, by Owner effective upon the receipt of notice by subject to the limitations and restrictions stated below. This agreement to arbitrate Professional. and any other agreement or consent to arbitrate entered into in accordance B. The terminating party under paragraphs 4.01.A.1 or 4.01.A.2 may set the herewith as provided in this paragraph will be specifically enforceable under the effective date of termination at a time up to 30 days later than otherwise provided prevailing arbitration law of any court having jurisdiction. to allow Professional to demobilize personnel and equipment from the Project site, Notice of demand for arbitration must be filed in writing with the other parties to to complete tasks whose value would otherwise be lost, to prepare notes as to the this Agreement and with the American Arbitration Association. The demand must status of completed and uncompleted tasks, and to assemble Project materials in be made within a reasonable time after the claim, dispute, or other matter in orderly files. Professional shall be compensated for Basic Services performed question has arisen. In no event may the demand for arbitration be made after the through the date of termination as set forth herein and for work performed per expiration of one year from the date the cause of action accrued. The cause of 4.01.B in the manner set forth in 3.01. action whether based in tort, contract, indemnity, contribution, or any other form 5.01 Controlling Law of action, legal or equitable, shall be deemed to have accrued at the time the party A. This Agreement is to be governed by the law of the state in which the Project asserting the claim either knew or, by the exercise of reasonable diligence, should is located. have known of the existence of the facts underlying such claim, dispute or other 6.01 Successors, Assigns, and Beneficiaries matter in question regardless of when damages occur. After the expiration of said A. Owner and Professional each is hereby bound and the partners, successors, one year, any claim between the parties hereto shall be barred. executors, administrators, employees and legal representatives of Owner and No arbitration arising out of, or relating to this Agreement may include, by Professional (and to the extent permitted by paragraph 6.01.B the assigns of consolidation, joinder or in any other manner, any person or entity who is not a Owner and Professional) are hereby bound to the other party to this Agreement party to this Agreement. and to the partners, successors, executors, administrators, and legal The award rendered by the arbitrators will be final, not subject to appeal and representatives (and said assigns) of such other party, in respect of all covenants, judgment may be entered upon it in any court having jurisdiction thereof. agreements, and obligations of this Agreement. 9.01 Total Agreement B. Neither Owner nor Professional may assign, sublet, or transfer any rights A. This Agreement (together with any expressly incorporated appendix), under or interest (including, but without limitation, moneys that are due or may constitutes the entire agreement between Owner and Professional, supersedes become due) in this Agreement without the written consent of the other, except to all prior written or oral understandings, and becomes binding as if fully executed the extent that any assignment, subletting, or transfer is mandated or restricted by at the time Professional commences work. To the extent that the terms of any law. Unless specifically stated to the contrary in any written consent to an appendices or documents referenced in this Agreement conflict with the terms of assignment, no assignment will release or discharge the assignor from any duty this Agreement, the terms of this Agreement shall govern. This Agreement may or responsibility under this Agreement. only be amended, supplemented, modified, or canceled by a duly executed 7.01 General Considerations written instrument. A. The standard of care for all professional engineering and related services Page 23 of 32 WT114-01 10/26/22  Wade Trim Associates, Inc. 500 Griswold Street, Suite 2500 • Detroit, MI 48226 313.961.3650 • www.wadetrim.com July 7, 2023 Village of Farwell 109 S. Hall Street P.O. Box 374 Farwell, MI 48622 Attention: Adrian Krawczynski Village Clerk/Treasurer Re: Proposal to Assist the Village in Updating its 2017 Master Plan to Meet Redevelopment Ready Community Requirements Dear Adrian: Thank you for reaching out to Wade Trim to assist the Village of Farwell in updating your Master Plan and confirming that it is compliant with the Michigan Economic Development Corporation (MEDC) Redevelopment Ready Communities (RRC) best practices. As requested, below is our Scope of Work and Cost Estimate for the Master Plan update. Background and Project Approach Wade Trim, a fully licensed Michigan corporation, is a full-service consulting firm serving local and regional governments and private sector clients. Established in 1926, we have grown to over 600 professionals and support staff with 21 offices in nine states. Our local Michigan offices include Bay City, Gaylord, Grand Rapids, and Traverse City with Detroit serving as our corporate headquarters. Wade Trim has provided community planning, landscape architecture, urban design, and recreation design/planning services since 1972. We help local municipalities create livable, sustainable communities through innovative and proactive planning. We understand that the Village desires to update its current Master Plan, which was adopted in 2017. Our goal for the Master Plan update is to partner with the Village to create an implementable vision that will assist in the transformation of the Village over the next 20 years. We have found that many Michigan communities, especially small towns, and rural townships with limited financial and staffing resources, are challenged to achieve progress toward Master Plan implementation. To help communities overcome this challenge, our approach is to outline realistic and achievable implementation steps, along with recommendations tailored to be immediately followed-up through amendments to the Zoning Ordinance. This implementation-based approach focuses the long-range future planning goals into simple-to-use regulations found within the Zoning Ordinance that are designed to: protect values and assets the community finds important; limit unwanted development; and create an environment that supports new desired development. To support a community’s image, both the physical and nonphysical elements of the community fabric must be understood. These elements include, but are not limited to, the form of land use, open space, natural features, landscape, buildings, and roads, in concert with the history, culture, values, and human activity of the community. All of this information is synthesized into a community vision that is the Master Plan. Our team has significant experience working within Clare County. We recently assisted Hayes Township (adopted 2023) and Winterfield Township (adopted 2022) with new Master Plans. We are currently Page 24 of 32 Village of Farwell July 7, 2023 Page 2 assisting Lincoln Township and the City of Harrison with their Master Plan updates and Winterfield Township with a Zoning Ordinance update. We have past experience working with the Village of Farwell including a prior Master Plan as well as a parks and recreation plan. Our planning team has extensive experience working with communities proceeding through the Michigan Economic Development’s Redevelopment Ready Communities (RRC) program. Recent examples include the cities of Durand, Linden, and Montrose, where we assisted or are assisting in Master Plan updates to incorporate RRC best practices. To comply with the RRC best practices for Master Plans, we propose to significantly revise the existing Goals and Objectives and Planning & Urban Design sections of the Village’s current Master Plan. Our new targeted Goals and Actions section will focus on land use issues within the Village, which reflects the current desires, needs, and capabilities of the Village. In line with RRC program goals, we also propose to develop a new economic development section which identifies redevelopment ready sites within the Village. Scope of Work Wade Trim proposes to provide the following Scope of Work for the Village of Farwell Master Plan 2024, which would be fully compliant with the minimum informational requirements for Master Plans as dictated by the Michigan Planning Enabling Act (PA 33 of 2008). Task 1: Planning Enabling Act Compliance Wade Trim will assist Village officials in complying with the statutory requirements for creating a Master Plan as set forth in the Michigan Planning Enabling Act. Such assistance will include developing and sending “notice of intent to plan” letters to adjacent communities and public utilities of record, sending the draft Master Plan out for review as specified in the notice of intent, crafting public hearing notices, and assistance during the adoption process. Task 2: Community Profile Wade Trim will revise the existing narratives, charts, tables, and maps to describe the Village’s existing characteristics and to draw some general conclusions about the community and its evolution. This baseline analysis will cover: • Socio-economic profile with data from the 2020 Census and other Census Bureau products (2021 American Community Survey) as well as Esri demographic data • Natural features • Existing land use • Community facilities • Transportation analysis This information is key to understanding the community as it is today, its strengths, its constraints, and what is projected to occur in the near future regarding population and their specific needs. Task 3: Public Engagement This Master Plan development process must include proactive approach for engaging the citizens and stakeholders of the Village of Farwell, challenging them to move from a “status quo” mindset to a proactive one that produces community-driven solutions. In addition to the required public hearing, we recommend the following three public engagement methods that are geared to help define realistic implementation goals: 1. Steering Committee – Wade Trim proposes the establishment of an ad hoc Steering Committee to assist the Planning Commission with Master Plan development. Freed from the strictures of Robert’s Rules and formal agenda-driven meetings, the Steering Committee may be comprised of Page 25 of 32 Village of Farwell July 7, 2023 Page 3 individuals who are not Village voting residents but have significant interests in the future of Farwell. In addition to municipal representatives, the committee may include property owners, members of the school district, business owners, seasonal residents, government agency representatives, and others that have a vested interested in the Village’s future development but are precluded from a formal Planning Commission role. This advisory body assists Wade Trim in preparing for public engagement efforts and preparing the draft Master Plan before its submission to the Planning Commission for its the formal adoption. 2. Online Citizen Opinion Survey – Wade Trim will prepare and facilitate an online citizen opinion survey. Draft survey questions will be targeted on identifying resident concerns regarding housing choice, community character, business development, and quality of life concerns. A draft will be shared with the Steering Committee for review and confirmation. Wade Trim will then assist the Village in advertising the availability of the survey. Once complete, Wade Trim will prepare a summary of the survey results, which will be included in the Master Plan. 3. Implementation Workshop – Wade Trim will prepare and facilitate a public workshop focusing on exploring potential solutions relative to expanding housing choice, evaluating the downtown district and permitted uses, allowing changes that would allow more commercial and industrial development to be allowed as-a-right, identification of redevelopment ready sites, and steps to improve the Village’s quality of life. During this workshop, participants will be asked to respond to development concepts, to map out issues and concerns, and to record their future desire for the Village of Farwell. Wade Trim will assist the Village in advertising the availability of the workshop, including the preparation of workshop flyers and social media posts. There are many additional options for engaging the public in the planning process. We can add more/different approaches if the Village so desires. Task 4: Goals and Actions, Future Land Use, and Implementation Based on the findings of the community profile, and the results of the public engagement activities, Wade Trim will prepare a new Goals and Actions section, Future Land Use, and new Implementation chapters of the Master Plan. These chapters will outline the Village’s strategy for land use and development over the next 20 years. The Goals and Actions will outline Farwell’s vision in narrative form, and all action items will be targeted to land use issues that fall within the control of the Village staff, boards and commissions, and volunteers. To ensure implementation, Wade Trim carefully crafts action items that fall within the community’s direct control, accounting for the local staffing, financing, and volunteer abilities/capabilities/constraints. The Future Land Use Plan will identify the desired future land use pattern of the Village, in terms of land use categories, densities, types of uses, and other characteristics. Wade Trim will assist with the development of Zoning Plan and the Implementation chapter, also focusing these sections on what is reasonably accomplishable. Items outside of the Village immediate control or beyond the scope of land use will not be included. We have found that the inclusion of grandiose unimplementable concepts falling fall outside of the control of the local community leads to Master Plans which do not guide future development. Our action-oriented approach is geared so that the foundation for accomplishing the community’s vision is laid out in actionable and achievable steps, resulting in a Master Plan designed to propel the community forward with “bite sized’ action items, not lofty and unachievable objectives. Task 5: Final Master Plan Update Report and Adoption Process After completion of the above tasks, a final draft Master Plan report will be compiled for the Village’s review, and the state-required adoption process (per the Planning Enabling Act) continues. This stage includes the compilation of a graphically designed Master Plan report and the distribution of this draft report for review by surrounding communities and the holding of one (1) public hearing. After the public hearing, the Planning Commission may then adopt the Master Plan. After adoption, Wade Trim will provide one (1) copy of the final adopted Master Plan in Adobe PDF format. We are able to prepare any Page 26 of 32 Village of Farwell July 7, 2023 Page 4 number of hard copies of the final report, if requested by the Village. However, our Cost Estimate does not include the cost for printing hard copies of the adopted report. Cost Estimate Wade Trim proposes to complete the above-described Scope of Work for the Master Plan update for a Lump Sum Fee of $19,600. We will invoice monthly based on work completed that month. Our fees are broken down by task, below, and are inclusive of all project related expenses, including project management, travel expenses, shipping, etc. Task Fee Task 1: Planning Enabling Act Compliance $ 1,000 Task 2: Existing Conditions $ 5,900 Task 3: Public Engagement $ 5,700 Task 4: Goals and Actions, Future Land Use, and Implementation $ 2,900 Task 5: Final Master Plan Update Report and Adoption Process $ 4,100 Total Lump Sum Fee of $19,600 Included in the above Master Plan update tasks is Wade Trim’s attendance at the public workshop, public hearing, three steering committee meetings, and one additional Planning Commission meeting. Additional meetings requested by the Village would be billed at a flat rate of $450 per meeting. Project Schedule We can begin work upon receiving notice to proceed from the Village. We propose the following tentative schedule, which would be completed in approximately twelve months. Event Timeframe Planning Enabling Act Compliance Throughout project Existing Conditions Analysis Months 1-2 Meeting with Steering Committee Month 2 Public Engagement Community-wide Survey – Month 3-4 Months 3-6 Implementation Workshop – Month 6 Meeting with Steering Committee Month 5 Goals and Recommendations, Future Land Use, and Zoning Months 6-7 Plan Full Draft Master Plan Prepared Month 8 Meeting with the Steering Committee Month 8 Planning Commission Review Month 9 Draft Master Plan distributed for Review per Planning Enabling Month 10-11 Act Planning Commission Master Plan Adoption Month 12 So that the Master Plan is more than a legal support for the community’s ability to zone, we are encouraging our Master Planning clients to move directly into a review and update of their Zoning Ordinance. This review focuses on identifying often-inherent weaknesses relative to supporting the implementation of the Master Plan’s vision, while also addressing any usability issues. Upon completion Page 27 of 32 Village of Farwell July 7, 2023 Page 5 of the review, communities are encouraged to proceed with the development of Zoning Ordinance amendments to correct those issues identified. Arthur Mullen will be assigned as the Project Manager for the Village’s Master Plan update. He has been honing Wade Trim’s small town and rural township planning efforts over the last number of years. Arthur is the Project Manager for the City of Harrison’s ongoing Master Plan update effort and has previously worked with the Village of Farwell. We are excited to discuss our unique approach with the Village whenever the time would be appropriate. If you have any questions, please do not hesitate to contact Arthur at 800.931.9135 or by e-mail at amullen@wadetrim.com. Very truly yours, Wade Trim Associates, Inc. Arthur Mullen, AICP Rebecca Smith, PE, PPM Project Manager Senior Vice President AM:RS:lkf AAA 8140-23 20230707_Krawczynski-Master Plan Proposal-Ltr.docx Page 28 of 32 +‘=_>+: ‘ *1 , . . m.,z.s,mw\ nu 54:) um um Page 29 of 32 Village of Farwell Treasurer’s Report as of 11/16/2023 ▪ Update on taxes collected as of November 16, 2023 ▪ Original Tax Roll: $286,749.77 ▪ Adjustments JBOR: ($1,618.88) ▪ Adjusted Original: $285,130.89 ▪ Interest added: $ 1,825.80 ▪ Total w/all adj.: $286,956.69 ▪ Collected to date: $227,217.97 ▪ Left to collect: $ 59,738.72 ▪ Percentage collected to Date: 79.2% Village Tax Roll 350,000.00 300,000.00 250,000.00 200,000.00 150,000.00 100,000.00 50,000.00 0.00 Adjusted Tax Roll Collected to Date Left to Collect Page 30 of 32  Village of Farwell Bank and Fund Report Endmg 1o/a1/zoza 1771 2172 203 24.1 250 551 550 591 503 mu Genera! 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Pledge of Allegiance. A roll call was conducted. The following were present: Trustee Jeff Linton and Trustee Amanda Pfruender. Absent: Trustee Shawn Burger. Also present: Clerk/Treasurer Adrian Krawczynski and DPW Supervisor Jason Walters. I. Old Business a. The sidewalk project was discussed. Jason is still waiting on quotes for the land survey. He stated that he is still having communication issues with the design company. b. The garbage truck discussed. Right now the bid is listed for $22k through BidCorp through December 3rd. After this, the truck will be placed on a different site to see if it has more visibility. c. Jason updated the Committee on the culvert and the Lagoon. It is almost completed. d. Work orders were discussed. Jason is going to start e-mailing them to the office to put in a folder. e. Updates on the trunkline repair was discussed. MDOT has fully repaired the drain and roadway. II. New Business a. The Committee reviewed the proposal document for the SOM DWSRF. This will be placed on the Council Agenda for next Monday. b. Leaves and brush were discussed. The DPW will be completing a final pickup on Monday morning. c. Jason updated the Committee on the dump truck refurbishment. It is almost complete and ready for pickup. d. Handrail quotes were reviewed. Jason obtained a corrected quote from Bill’s Custom Fab. This will be placed on the Council Agenda for next Monday. e. A draft upcoming budget list item was reviewed. f. Business service agreements were reviewed. This will be placed on the Council Agenda for next Monday. III. DPW Updates: IV. Complaints: V. Adjournment: 6:08pm. VI. Next Meeting: Thursday, December 14, 2023 at 5:30pm. Page 32 of 32