city commission meeting agenda - fennville center/agendas and minutes...2020/05/18  · as always,...

49
CITY COMMISSION MEETING AGENDA City Hall, 125 South Maple Street, Fennville, MI 49408 Monday, May 18, 2020 7:00 p.m. In light of the recent orders to limit social interactions due to COVID-19, the City Commission will allow for participation through a virtual meeting site or by telephone. To access the meeting visit: Join Zoom Meeting Meeting ID: 816 8476 5423 https://us02web.zoom.us/j/81684765423 One tap mobile +13126266799,,81684765423# US (Chicago) Dial by your location +1 312 626 6799 US (Chicago) As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to [email protected] Drop Box located on the parking lot side if City Hall By mail to PO Box 666, Fennville, MI 49408 AGENDA 1. Call to Order/Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Public Comments During this time, members of the public will be given an opportunity to speak on items not on the agenda. Please remember that comments are limited to 5 minutes and should be directed toward the Mayor. If you wish to speak to an item on the agenda, you will be given the chance to do so before the Commission discusses the item. 5. Approval of the following City Commission Minutes: Regular Meeting: May 4, 2020 – Click link to access draft minutes online 6. Reports & Minutes None NEW BUSINESS 7. The City Commission will be asked to consider authorizing the FY2021 Fire Department Budget in the amount of $243,350. 8. The City Commission will be asked to consider recommending the ESC approve a contract with Life EMS for ambulance services.

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Page 1: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

CITY COMMISSION MEETING AGENDA

City Hall 125 South Maple Street Fennville MI 49408 Monday May 18 2020

700 pm

In light of the recent orders to limit social interactions due to COVID-19 the City Commission will allow for participation through a virtual meeting site or by telephone To access the meeting visit

Join Zoom Meeting Meeting ID 816 8476 5423 httpsus02webzoomusj81684765423 One tap mobile +1312626679981684765423 US (Chicago) Dial by your location +1 312 626 6799 US (Chicago)

As always citizens can also submit their comments in writing by 630 pm by

Email to amorganfennvillecom Drop Box located on the parking lot side if City Hall By mail to PO Box 666 Fennville MI 49408

AGENDA 1 Call to OrderRoll Call 2 Pledge of Allegiance

3 Approval of Agenda 4 Public Comments

During this time members of the public will be given an opportunity to speak on items not on the agenda Please remember that comments are limited to 5 minutes and should be directed toward the Mayor If you wish to speak to an item on the agenda you will be given the chance to do so before the Commission discusses the item

5 Approval of the following City Commission Minutes

bull Regular Meeting May 4 2020 ndash Click link to access draft minutes online 6 Reports amp Minutes

bull None NEW BUSINESS

7 The City Commission will be asked to consider authorizing the FY2021 Fire

Department Budget in the amount of $243350 8 The City Commission will be asked to consider recommending the ESC approve a

contract with Life EMS for ambulance services

9 The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way

10 The City Commission will be asked to authorize the City Administrator to issue a

Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

11 The City Commission will be asked to consider authorizing additional engineering

fees up to $42000 for the USDA Water Projects

12 The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

13 Reports of Standing Committees

a FinancePersonnel Mayor Machan Suerth b City Services (Police Ambulance amp Fire) Machan Suerth Jamros c City Properties Jamros Bolles d OrdinancesCommunity Relations Hayden Almquist e Planning Bolles Suerth f AdministrativeDDA Mayor Almquist Bolles

14 Miscellaneous

15 City Attorney Report

16 City Administrator Report 17 Approval of Bills ndash Totaling $7027237

A copy of the invoice report will be sent to the City Commission by email for review on meeting day and the agenda packet online will be updated to include the information

18 Adjournment

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 7 Fire Department Budget The City Commission will be asked to consider authorizing the FY2021 Fire Department Budget in the amount of $243350 Background Information The Fire Department has presented a draft budget to the City Commission for approval totaling $243350 of which the City would contribute 50 - $121675 This budget has also be presented to and approved by the Manlius Township Board Attachment(s) middot Draft Budget Recommended Action Motion to authorize the FY2021 Fire Department Budget in the amount of $243350

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 8 Ambulance Contract The City Commission will be asked to consider recommending the ESC approve a contract with Life EMS for ambulance services Background Information Last year the ESC bid for Ambulance services at which time AMR was awarded the bid Since that occurred there was a change of management at AMR and the ESC was notified that as of August 1 2020 there would be a significant increase to the contract amount The ESC has recently contacted Life EMS services and have received a proposal from services from them as well They have agreed to match the contract amount that AMR had proposed and would be providing services at much lower costs than AMR The Commissioner on the ESC board would like the City Commissions approval and recommendation to the ESC to approve a contract with Life EMS for ambulance services Attachment(s) middot Life EMS draft contract ndash will send contract upon receipt middot Life Fee Schedule middot AMR Fee Schedule Recommended Action Motion to recommending the ESC approve a contract with Life EMS for ambulance services

PARAMEDIC AMBULANCE RESPONSE AGREEMENT

between

FENNVILLE AREA MUNICIPALITIES

and

LIFE EMS AMBULANCE

Respectfully submitted

May 15 2020

2

This Paramedic Ambulance Response Agreement (Agreement) is made as of August 1 2020 (the Effective Date) among LIFE EMS INC a Michigan corporation having its principal place of business at 1275 Cedar Street NE Grand Rapids Michigan 49503 (Life EMS) and the municipalities of CLYDE TOWNSHIP a Michigan general law township with offices at 5360 120TH Ave Fennville MI 49408 GANGES TOWNSHIP a Michigan general law township with offices at 1904 64th St Fennville MI 49408 LEE TOWNSHIP a Michigan general law township with offices at 877 56th St Pullman MI 49450 MANLIUS TOWNSHIP a Michigan general law township with offices at 3134 57th St Fennville MI 49408 SAUGATUCK TOWNSHIP a Michigan general law township with offices at 3461 Blue Star Hwy Saugatuck MI 49453 and the CITY OF FENNVILLE a Michigan home rule city with offices at 222 South Maple St Fennville MI 49408 (collectively referred to as the ldquoMunicipalitiesrdquo and Life EMS and the Municipalities sometimes referred to as the ldquoContracting Partiesrdquo)

RECITALS

WHEREAS Life EMS is a corporation engaged in the business of providing ambulance and paramedic medical services licensed by the Michigan Department of Health and Human Services (MDHHS) and is authorized to provide service the Municipalities by t h e A l l e g a n County Medical Control Authority

WHEREAS the Municipalities wish to retain Life EMS to provide ambulance and paramedic response services to the Municipalities their residents and their visitors Other communities may sign onto the terms and conditions of this Agreement if mutually agreeable to the Municipalities and Life EMS

NOW THEREFORE it is agreed by and between the Contracting Parties as follows

A The Parties agree that the availability of ambulance and paramedic emergency medical services is a continuing necessity for the residents of the Municipalities

B The Municipalities may pursuant to MCL 1241 et seq and MCL 124501 et seq enter into contracts with an ambulance company for the provision of ambulance and paramedic response services to its residents As such The Municipalities wish to contract with Life EMS under the terms and conditions of this Agreement

C The Municipalities will direct any and all ambulance subsidies or other monies related to supporting ambulance operations in the Municipalities as identified in Addendum B to Life EMS starting on the effective date

D The Municipalities will support Life EMSs ongoing service growth in surrounding communities and the facilities to attain the revenue necessary to be financially viable

3

TERMS AND CONDITIONS

NOW THEREFORE it is agreed by and between the Parties as follows

1 TERM A The initial term of this Agreement (the Initial Term) shall be commencing on

August 1 2020 and expiring on July 31 2023

B Prior to the end of the Initial Term or any Extension Term (as subsequently defined) this agreement will automatically renew to extend the term of this Agreement for additional two (2) year terms (each an Extension Term) at the fees and subsidies to which The Municipalities and Life EMS agree in writing prior to the beginning of such Extension Term If this option is exercised but compensation cannot be agreed upon this Agreement shall terminate at the end of the then-current Initial Term or Extension Term

C Notwithstanding any other provision in this Agreement to the contrary any Party may terminate this Agreement prior to July 31 2023 or the end of any Extension Term consistent with the terms of Section 20 of this Agreement

D The Parties agree that discussion regarding an increase in the rate of the Annual Service Retention Fee for an Extension Term different than described within this agreement must be initiated by the Parties prior to January 1 of the year in which the Initial Term or any Extension Term will expire

E The Municipalities reserve the right to begin a bid process if the Parties fail to agree on a rate of compensation for an Extension Term by January 1 of the year in which the Initial Term or any Extension Term will expire

2 LIFE EMS SERVICES AND RESPONSIBILITIES Life EMS shall be the exclusive provider of ambulance and paramedic emergency medical response services as an Advanced Life Support Service licensed (the Services) within the service area (the Service Area) The Service Area covered by this agreement will be the geographic boundaries of the Municipalities described and shown in Addendum C Service Area Map For the purposes of this Agreement Advanced Life Support Services shall mean those services defined as advanced life support services or mobile emergency care services under and licensed by the Michigan Department of Health and Human Services (MDHHS) under Part 209 of the Michigan Public Health Code Act 368 of the Public Acts of 1978 as amended MCL

4

33320901 et seq (the Act) and the regulations promulgated under the Act In the interest of protecting the public health and welfare of their residents and to provide for orderly and uniform emergency medical services to their residents The Municipalities will require that any provider of ambulance and paramedic medical service including Life EMS be licensed by the State of Michigan as an Advanced Life Support Service The Services in the Service Area shall include and be in compliance with the following

A The agreed upon services shall be performed by licensed qualified crews The minimum staffing will include one (1) twenty-four (24) hour fully-staffed ambulance seven (7) days a week Each ambulance will be staffed at the level required by the Michigan Department of Health and Human Services (MDHHS) for an ALSparamedic ambulance Life EMS shall also have the capability of providing back-up ambulances to allow for scheduled maintenance and additional coverage for special events Life EMS shall utilize mutual aid for adjoining areas when it deems appropriate Life EMS with the permission of The Municipalities may adjust staffing levels in the future to reflect any increase or decrease in patient transport volume

B Life EMS will prepare and submit statistical reports to The Municipalities on a mutually agreed upon frequency Each report shall contain such information and be in such form as The Municipalities and Life EMS mutually agree upon

C Life EMS shall be responsible to maintain its Service Area equipment and vehicles in a condition sufficient to perform the Services and in keeping with generally accepted practices and standards for the maintenance of such emergency vehicles

D Life EMS will provide ambulance and paramedic support at specific incidents as requested by Police and Fire agencies throughout the Service Area

E Life EMS will provide extensive quality improvement activities for all Allegan County based Life EMS personnel Such quality improvement activities shall include treatment audits and in service training

F Life EMS will assist with chain of survival improvement activities to strive for enhanced patient care

G Life EMS will make available at all times an appropriate number of qualified administrative staff and personnel to allow successful implementation of the EMS systems operational policies in the Service Area

H Life EMS will participate in the promulgation of public education and information on prevention of emergencies including but not limited to (a fee may be associated with some training programs)

(1) EMS service availability including level of service and access

5

(2) CPR and first aid training

(3) General health care issues including early problem recognition

(4) Injury and illness prevention

(5) Immediate recognition of an illness or injury

(6) System access through 911

(7) Appropriate utilization of resources

I Life EMS will maintain adequate and appropriate liability insurance of the types and limits of not less than the insurance requirements set forth in Section 13 of this Agreement Such insurance shall list The Municipalities their elected and appointed officers employees and agents as additional insureds

J Life EMS will maintain a comprehensive communications system that is fully integrated with Allegan County Central Dispatch area Hospitals and other relevant facilities and agencies Life EMS shall ensure its units have the capability to communicate with Allegan County Central Dispatch as well as police fire and rescue units operating within The Municipalities In addition to communication equipment in the ambulance vehicles Life EMS shall also equip the paramedicambulance crews with portable radios for use when they are not in the vehicle

K Life EMS will provide blood pressure checks to anyone who stops at the ambulance bases when the ambulance crews are on site and available

L Life EMS will provide a 24 hour-per-day 365-day-per-year management level person who may be contacted when unique situations arise which require additional support to The Municipalities area operations

M Life EMS will provide detailed maps for all Life EMS personnel performing services under this Agreement and be responsible for any updates and changes Life EMS shall train and educate all personnel it assigns to its Fennville area operation either on a permanent basis or as substitute or as back-ups on the Service Area roadways and possible routes to emergencies

N Life EMS will monitor the driving skills and actions of all Life EMS personnel performing services under this Agreement on a routine basis which shall be at least monthly and assure that such personnel are operating the ambulance in a safe manner at all times

O Life EMS will provide The Municipalities with not less than one hundred twenty (120) days written notice of any significant change in its business structure including any plans

6

to discontinue or substantially alter its business operations change ownership of majority of its shares sell the company or change its name The Municipalities shall have the right to terminate this Agreement with one hundred twenty (120) days written notice if the change impacts the Services provided by Life EMS under this Agreement

P Life EMS shall ensure that all personnel it assigns to provide Services on a permanent basis or as substitutes or as back-ups are familiar with rescue personnel in the area and with their policies which are applicable to the Services being provided under this Agreement

Q Life EMS shall provide a toll free number that will be staffed during normal business hours to be utilized by The Municipalities representatives and residents for resolving billing questions or operational activities

3 THE MUNICIPALITIESrsquoS RESPONSIBILITIES In addition to ensuring that monies related to supporting ambulance operations through the Annual Retention Fee paid to Life EMS the Municipalities shall also be responsible for the following

A To the extent permissible by law The Municipalities shall direct Allegan County Central Dispatch to notify Life EMS in a mutually agreed upon manner for all medical calls that Allegan County Central Dispatch receives at its 911 Central Dispatch Center requesting or requiring ambulance services within The Municipalities

B The Municipalities shall direct Allegan County Central Dispatch Center to not refuse deny or discourage access to Life EMS Ambulance Service for any request for ambulance service within The Municipalities The Municipalities shall not be liable or in breach of this Agreement in the event Allegan County Central Dispatch Center fails to follow such direction

4 COMPENSATION FEES The compensation which Life EMS shall receive for Services shall include the ambulance service fees identified in Addendum A and the Annual Service Retention Fee as described in Addendum B both of which are necessary to support ambulance operations in the Municipalities

5 BILLING Life EMS shall bill individuals for Services consistent with

A All applicable legal standards

B Health plans under which individuals are provided covered benefits which include ambulance and paramedic services and

C The rate schedule set forth in Addendum A and as amended in the future and routinely kept on file with the Municipalities

7

6 FINANCIAL PERFORMANCE DISCLOSURE When requested by The Municipalities Life EMS shall provide financial information that is specific to its servicesoperations in The Municipalities response area

7 RECORD KEEPING AND ACCESS TO RECORDS

A Life EMS shall keep complete and accurate books and records regarding its business operations to Municipalities including without limitation the services rendered and charges made and collected in accordance with generally accepted accounting practices All such books and records shall be open to inspection by the designated representatives of The Municipalities including but not limited to parties under contract with The Municipalities for auditing purposes during regular working hours of 900 am to 500 pm Monday through Friday Refusal to allow The Municipalities representatives access to said records shall constitute a material breach of this Agreement In addition the Municipalities at their own expense shall be entitled to have an audit conducted of such books and records

B All books and records covered by this section shall be maintained for period of not less than six (6) years from the date in which they were originally completed

C Life EMS agrees that if the Secretary of Health and Human Services the Comptroller General of the United States or their duly authorized representatives (hereinafter referred to as the Requesting Parties) at any time within four (4) years of completing the services to be provided under this Agreement request access to Life EMSrsquo books documents and records in accordance with 42 USC sect1395x(v)(1)(1) and the regulations adopted pursuant thereto Life EMS shall provide such access to the Requesting Parties to the extent required by said statute and the regulations promulgated pursuant thereto Furthermore Life EMS agrees that any contract between it and any other organization to which Life EMS is to a significant extent associated or affiliated with owns or is owned by or has control of or is controlled by (hereinafter referred to as the Related Organization) and which performs services on behalf of the Municipalities will contain a clause requiring the Related Organization to similarly make its books documents and records available to the Requesting Parties

D Life EMS shall also maintain all records as required by any state laws rules or regulations applicable to ambulance service providers or due to the sources of funding of the Services under this Agreement as well as the requirements of any health plans or insurers billed by Life EMS

8 MEETINGS The Parties shall maintain ongoing communications and meetings as mutually agreed upon to ensure The Municipalities are informed on Life EMSs

8

performance as it relates to this Agreement The information shall include but not be limited to the Services being provided provisions to improve the ambulance service as well as a review of the business and run data of Life EMS such as number of runs refusals response time statistics and statistics showing which days months and times of day are busiest Life EMS and The Municipalities shall have the right to mutually agree upon an increase or decrease in the amount and content of information to be reviewed at meetings

9 SAFETY Life EMS shall maintain during this Agreement such protective devices as reasonably advisable to attempt to prevent any accidents occurring as a consequence of its personnels work Life EMS shall use safety devices which are approved by the Michigan Department of Health and Human Services Safety and Regulation Bureau of MIOSHA Life EMS shall comply with all of the current laws rules and regulations of the Michigan Occupational Health and Safety Act

10 COMPLIANCE WITH LAWS RULES REGULATION AND LICENSING AND CERTIFICATION REQUIREMENTS Life EMS shall render Services required of it in material compliance with all applicable federal state and local laws ordinances codes rules and regulations and its employees and its subcontractors shall meet a federal state and local license certification and authorization requirements for the types of services required Failure by Life EMS to obtain andor maintain any required license and authorization shall result in the immediate and automatic termination of this Agreement The failure of any of Life EMS personnel to obtain andor maintain any required license and authorization for the Services which they are responsible for providing shall bar such person from providing Services under this Agreement until the license or authorization has been obtained In addition to the licensing certifications and authorization requirements set forth above Life EMS shall obtain and maintain a Commission on Accreditation of Ambulance Services (CAAS) Certificate of Accreditation

11 NONDISCRIMINATION Life EMS as required by law shall not discriminate against a person to be served or against an employee or applicant for employment with respect to hire tenure terms conditions or privileges of employment or a matter directly or indirectly related to employment because of race color religion national origin age sex disability that is unrelated to the individuals ability to perform the duties of a particular job or position height weight or marital status

Life EMS shall adhere to all applicable federal state and local laws ordinances rules and regulations prohibiting discrimination including but not limited to the following

A The Elliott-Larsen Civil Rights Act 1976 PA 453 as amended

B The Persons with Disabilities Civil Rights Act 1976 PA 220 as amended

C Section 504 of the Federal Rehabilitation Act of 1973 PL 93-112 87 Stat

9

355 as amended and regulations promulgated there under

D The Americans with Disabilities Act of 1990 PL 101-336 104 Stat 327 (42 USCA sect12101 et seq) as amended and regulations promulgated there under

Breach of this section shall be regarded as a material breach of this Agreement

12 INDEMNIFICATION AND HOLD HARMLESS Life EMS shall at its own expense protect defend indemnify and hold harmless The Municipalities and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of Life EMS or any of its officers employees or agents which may arise out of this Agreement

The Municipalities shall at their own expense protect defend indemnify and hold harmless Life EMS and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of The Municipalities or any of their officers employees or agents which may arise out of this Agreement

In the event that Life EMS insurance coverages fail to completely fulfill Life EMS indemnification responsibilities under this Agreement Life EMS shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to The Municipalities their officers employees and agents

In the event that The Municipalities insurance coverages fail to completely fulfill The Municipalities indemnification responsibilities under this Agreement The Municipalities shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to Life EMS its officers employees and agents

13 INSURANCE Life EMS shall purchase and maintain insurance not less than the limits set forth below All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan who are acceptable to The Municipalities and have a minimum AM Best Companys Insurance Reports rating of A or A- (Excellent)

A Workers Disability Compensation Insurance inclining Employers Liability Coverage in accordance with all applicable statutes of (the State of Michigan In the event Life

10

EMS uses subcontractors for the performance of services Life EMS shall ensure that said subcontractors carry Workerrsquos Disability Compensation Insurance and Employers Liability Coverage as required by law

B Commercial General Liability Insurance on an lsquoOccurrence Basisrsquo with limits of liability not less than $1000000 per occurrence and $2000000 aggregate combined single limit Personal Injury Bodily Injury and Property Damage Coverage shall include the following 1 Contractual Liability 2 Products and Completed Operations 3 Independent Contractors Coverage 4 Broad Form General Liability Endorsement or Equivalent

C Motor Vehicle Liability Insurance including Michigan No-Fault Coverage with limits of liability of not less than $1000000 per occurrence combined single limit Bodily Injury and Property Damage Coverage shall include all owned vehicles all non-owned vehicles and all hired vehicles

D Medical Professional Liability Insurance covering paramedics emergency medical technicians emergency medical technician specialists and advanced emergency medical technicians in an amount of not less than $100000000 per occurrence and $200000000 aggregate

E Excess Umbrella Liability Coverage covering all of the above stated insurance coverages with a limit of no less than $5000000 per occurrence and aggregate The insurance requirements set forth in B C and D above can be met by combining the coverage afforded in policies providing the required coverage with the excess umbrella liability coverage required herein

F Additional Insured - Commercial General Liability Insurance Motor Vehicle Liability Insurance and Medical Professional Liability Insurance as described above shall include an endorsement stating the following shall be Additional Insureds The Municipalities and their elected and appointed officials employees and agents

G Cancellation Notice - All insurance described above shall include an endorsement stating the following It is understood and agreed that thirty (30) days advanced written notice of cancellation non-renewal reduction andor material change shall be sent to The Municipalitiesrdquo

H Proof of Insurance - Life EMS shall provide The Municipalities at the time this Agreement is returned by it for execution certificate of insurance showing possession of the policies required above If so requested certified copies of ail policies will be furnished

11

I If any of the above coverages expire during the term of the Agreement Life EMS shall deliver renewal certificates andor policies to The Municipalities at least ten (10) days prior to the expiration date

14 WAIVERS

A No failure or delay on the part of either of the Parties to this Agreement in exercising any right power or privilege hereunder shall operate as a waiver thereof nor shall a single or partial exercise of any right power or privilege preclude any other or further exercise of any other right power or privilege

B In no event shall the making by The Municipalities of any payment due to Life EMS constitute or be construed as a waiver by The Municipalities of any breach of a provision of this Agreement or any default which may then exist on the part of Life EMS and the making of any such payment by The Municipalities while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to The Municipalities in respect to such breach or default

15 AMENDMENT OR MODIFICATION All modifications amendments or waivers of any provisions of this Agreement or the Services to be performed hereunder shall be made only by the written mutual consent of the Parties

16 ASSIGNMENT OR SUBCONTRACTING No Party shall assign subcontract or otherwise transfer its duties andor obligations under this Agreement without the prior written consent of The Municipalities

17 APPLICABLE LAW AND VENUE This Agreement shall be construed according to the laws of the State of Michigan In the event any actions arising under this Agreement are brought by or against The Municipalities then The Municipalities and Life EMS acknowledge and agree that the venue for such actions shall be established in accordance with the statutes of the State of Michigan andor Michigan Court Rules In the event that any action is brought under this Agreement in Federal Court the venue for such action shall be the Federal Judicial District of Michigan Western District and Southern Division

18 DISREGARDING TITLES The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement

19 COMPLETE AGREEMENT This Agreement and the attached Addendums to which it refers contain all the terms and conditions agreed upon by the Parties and no other

12

agreements oral or otherwise regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the Parties

20 TERMINATION Notwithstanding any other provision in this Agreement to the contrary this Agreement may be terminated prior to the end of the Agreement term set forth in Section 1 by any of the following means

A By mutual consent of both Parties through an amendment to this Agreement signed by the authorized representatives of both The Municipalities and Life EMS

B By either The Municipalities or Life EMS upon not less than one hundred twenty (120) days prior written notice if after giving notice to the other Party of a default as defined in Section 21 and elsewhere in this Agreement the defaulting Party fails to cure the default within thirty (30) days of receipt of such notice Exercise of such rights or limitation shall not be deemed to be a waiver of any other rights that the terminating Party may have in law or in equity

21 DEFAULT In addition to other grounds for breach or default explicitly referenced elsewhere in this Agreement default can also occur as a result of the following

A Failure to perform the Services required by this Agreement within the time specified herein or any extension thereof

B Failure to comply with any material provision of this Agreement

C Failure to obtain and or maintain insurance of the types and amounts as required in this Agreement

22 SEVERABILITY If any clause or provision of this Agreement is rendered invalid or unenforceable because of any State or Federal statute or regulation or ruling by any tribunal of competent jurisdiction that clause or provision shall be null and void and any such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement Where the deletion of the invalid or unenforceable provision would result in the illegality andor unenforceability of this Agreement this Agreement shall be considered to have terminated as of the date in which the provision was rendered invalid or unenforceable

23 NOTICE All notices shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mail or other comparable mail service postage prepaid addressed to the Party at its address set forth above Notices will be directed to the Administrators for The Municipalities and the President of Life EMS Each Party shall inform the other of who the person(s) is as designated from time to time

13

24 RELATIONSHIP OF PARTIES Nothing in this Agreement shall constitute be construed to be or create a partnership joint venture or lease between Life EMS and the Municipalities The relationship of Life EMS and The Municipalities under this Agreement is as independent contractor

25 MEDIATIONBINDING ARBITRATION In the event a dispute difference or questions shall arise between the Parties touching the construction meaning or effect of this Agreement or the rights or liabilities of the Parties then the Parties will attempt to resolve each dispute difference or question first through mediation consistent with the commercial mediation rules of the American Mediation Association then in effect Such mediation may be initiated by either Party by making a written demand for mediation on the other Party Within thirty (30) days of that demand the Parties shall agree upon a single mediator certified under the rules of the Federal District Court having jurisdiction Any resulting written settlement agreement shall be final and binding upon the Parties and shall be enforceable by the applicable courts having jurisdiction as described below The Parties shall share equally the fee of the mediator

In the event that the Parties cannot agree upon a mediator or in the event that mediation does not fully resolve the matter then each dispute difference or question shall be referred to the arbitration of two different persons one be appointed by each Party If either Party refuses or neglects to appoint an arbitrator within seven (7) days after the other Party has appointed an arbitrator and has served a written notice upol1 the first Party requiring it to make an appointment then the arbitrator appointed shall at the request of the Party appointing him or her proceed to hear and determine the matters in difference as if he or she were an arbitrator appointed by both Parties for that purpose The award or determination which shall be made by the arbitrators or arbitrator shall be final and binding upon the Parties The award shall be made in writing within fourteen (14) days next after the reference to the arbitrators or a later day upon written agreement of the Parties or the arbitrators or arbitrator The general procedure shall conform to the rules of the American Arbitration Association

26 CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT The persons signing on behalf of the Parties to this Agreement certify by their signatures that they are duly authorized to sign this Agreement on behalf of said Parties and that this Agreement has been authorized by said Parties

IN WITNESS WHEREOF the authorized representatives of the Parties have fully signed and entered into this Agreement on the day and year first above written

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 2: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

9 The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way

10 The City Commission will be asked to authorize the City Administrator to issue a

Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

11 The City Commission will be asked to consider authorizing additional engineering

fees up to $42000 for the USDA Water Projects

12 The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

13 Reports of Standing Committees

a FinancePersonnel Mayor Machan Suerth b City Services (Police Ambulance amp Fire) Machan Suerth Jamros c City Properties Jamros Bolles d OrdinancesCommunity Relations Hayden Almquist e Planning Bolles Suerth f AdministrativeDDA Mayor Almquist Bolles

14 Miscellaneous

15 City Attorney Report

16 City Administrator Report 17 Approval of Bills ndash Totaling $7027237

A copy of the invoice report will be sent to the City Commission by email for review on meeting day and the agenda packet online will be updated to include the information

18 Adjournment

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 7 Fire Department Budget The City Commission will be asked to consider authorizing the FY2021 Fire Department Budget in the amount of $243350 Background Information The Fire Department has presented a draft budget to the City Commission for approval totaling $243350 of which the City would contribute 50 - $121675 This budget has also be presented to and approved by the Manlius Township Board Attachment(s) middot Draft Budget Recommended Action Motion to authorize the FY2021 Fire Department Budget in the amount of $243350

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 8 Ambulance Contract The City Commission will be asked to consider recommending the ESC approve a contract with Life EMS for ambulance services Background Information Last year the ESC bid for Ambulance services at which time AMR was awarded the bid Since that occurred there was a change of management at AMR and the ESC was notified that as of August 1 2020 there would be a significant increase to the contract amount The ESC has recently contacted Life EMS services and have received a proposal from services from them as well They have agreed to match the contract amount that AMR had proposed and would be providing services at much lower costs than AMR The Commissioner on the ESC board would like the City Commissions approval and recommendation to the ESC to approve a contract with Life EMS for ambulance services Attachment(s) middot Life EMS draft contract ndash will send contract upon receipt middot Life Fee Schedule middot AMR Fee Schedule Recommended Action Motion to recommending the ESC approve a contract with Life EMS for ambulance services

PARAMEDIC AMBULANCE RESPONSE AGREEMENT

between

FENNVILLE AREA MUNICIPALITIES

and

LIFE EMS AMBULANCE

Respectfully submitted

May 15 2020

2

This Paramedic Ambulance Response Agreement (Agreement) is made as of August 1 2020 (the Effective Date) among LIFE EMS INC a Michigan corporation having its principal place of business at 1275 Cedar Street NE Grand Rapids Michigan 49503 (Life EMS) and the municipalities of CLYDE TOWNSHIP a Michigan general law township with offices at 5360 120TH Ave Fennville MI 49408 GANGES TOWNSHIP a Michigan general law township with offices at 1904 64th St Fennville MI 49408 LEE TOWNSHIP a Michigan general law township with offices at 877 56th St Pullman MI 49450 MANLIUS TOWNSHIP a Michigan general law township with offices at 3134 57th St Fennville MI 49408 SAUGATUCK TOWNSHIP a Michigan general law township with offices at 3461 Blue Star Hwy Saugatuck MI 49453 and the CITY OF FENNVILLE a Michigan home rule city with offices at 222 South Maple St Fennville MI 49408 (collectively referred to as the ldquoMunicipalitiesrdquo and Life EMS and the Municipalities sometimes referred to as the ldquoContracting Partiesrdquo)

RECITALS

WHEREAS Life EMS is a corporation engaged in the business of providing ambulance and paramedic medical services licensed by the Michigan Department of Health and Human Services (MDHHS) and is authorized to provide service the Municipalities by t h e A l l e g a n County Medical Control Authority

WHEREAS the Municipalities wish to retain Life EMS to provide ambulance and paramedic response services to the Municipalities their residents and their visitors Other communities may sign onto the terms and conditions of this Agreement if mutually agreeable to the Municipalities and Life EMS

NOW THEREFORE it is agreed by and between the Contracting Parties as follows

A The Parties agree that the availability of ambulance and paramedic emergency medical services is a continuing necessity for the residents of the Municipalities

B The Municipalities may pursuant to MCL 1241 et seq and MCL 124501 et seq enter into contracts with an ambulance company for the provision of ambulance and paramedic response services to its residents As such The Municipalities wish to contract with Life EMS under the terms and conditions of this Agreement

C The Municipalities will direct any and all ambulance subsidies or other monies related to supporting ambulance operations in the Municipalities as identified in Addendum B to Life EMS starting on the effective date

D The Municipalities will support Life EMSs ongoing service growth in surrounding communities and the facilities to attain the revenue necessary to be financially viable

3

TERMS AND CONDITIONS

NOW THEREFORE it is agreed by and between the Parties as follows

1 TERM A The initial term of this Agreement (the Initial Term) shall be commencing on

August 1 2020 and expiring on July 31 2023

B Prior to the end of the Initial Term or any Extension Term (as subsequently defined) this agreement will automatically renew to extend the term of this Agreement for additional two (2) year terms (each an Extension Term) at the fees and subsidies to which The Municipalities and Life EMS agree in writing prior to the beginning of such Extension Term If this option is exercised but compensation cannot be agreed upon this Agreement shall terminate at the end of the then-current Initial Term or Extension Term

C Notwithstanding any other provision in this Agreement to the contrary any Party may terminate this Agreement prior to July 31 2023 or the end of any Extension Term consistent with the terms of Section 20 of this Agreement

D The Parties agree that discussion regarding an increase in the rate of the Annual Service Retention Fee for an Extension Term different than described within this agreement must be initiated by the Parties prior to January 1 of the year in which the Initial Term or any Extension Term will expire

E The Municipalities reserve the right to begin a bid process if the Parties fail to agree on a rate of compensation for an Extension Term by January 1 of the year in which the Initial Term or any Extension Term will expire

2 LIFE EMS SERVICES AND RESPONSIBILITIES Life EMS shall be the exclusive provider of ambulance and paramedic emergency medical response services as an Advanced Life Support Service licensed (the Services) within the service area (the Service Area) The Service Area covered by this agreement will be the geographic boundaries of the Municipalities described and shown in Addendum C Service Area Map For the purposes of this Agreement Advanced Life Support Services shall mean those services defined as advanced life support services or mobile emergency care services under and licensed by the Michigan Department of Health and Human Services (MDHHS) under Part 209 of the Michigan Public Health Code Act 368 of the Public Acts of 1978 as amended MCL

4

33320901 et seq (the Act) and the regulations promulgated under the Act In the interest of protecting the public health and welfare of their residents and to provide for orderly and uniform emergency medical services to their residents The Municipalities will require that any provider of ambulance and paramedic medical service including Life EMS be licensed by the State of Michigan as an Advanced Life Support Service The Services in the Service Area shall include and be in compliance with the following

A The agreed upon services shall be performed by licensed qualified crews The minimum staffing will include one (1) twenty-four (24) hour fully-staffed ambulance seven (7) days a week Each ambulance will be staffed at the level required by the Michigan Department of Health and Human Services (MDHHS) for an ALSparamedic ambulance Life EMS shall also have the capability of providing back-up ambulances to allow for scheduled maintenance and additional coverage for special events Life EMS shall utilize mutual aid for adjoining areas when it deems appropriate Life EMS with the permission of The Municipalities may adjust staffing levels in the future to reflect any increase or decrease in patient transport volume

B Life EMS will prepare and submit statistical reports to The Municipalities on a mutually agreed upon frequency Each report shall contain such information and be in such form as The Municipalities and Life EMS mutually agree upon

C Life EMS shall be responsible to maintain its Service Area equipment and vehicles in a condition sufficient to perform the Services and in keeping with generally accepted practices and standards for the maintenance of such emergency vehicles

D Life EMS will provide ambulance and paramedic support at specific incidents as requested by Police and Fire agencies throughout the Service Area

E Life EMS will provide extensive quality improvement activities for all Allegan County based Life EMS personnel Such quality improvement activities shall include treatment audits and in service training

F Life EMS will assist with chain of survival improvement activities to strive for enhanced patient care

G Life EMS will make available at all times an appropriate number of qualified administrative staff and personnel to allow successful implementation of the EMS systems operational policies in the Service Area

H Life EMS will participate in the promulgation of public education and information on prevention of emergencies including but not limited to (a fee may be associated with some training programs)

(1) EMS service availability including level of service and access

5

(2) CPR and first aid training

(3) General health care issues including early problem recognition

(4) Injury and illness prevention

(5) Immediate recognition of an illness or injury

(6) System access through 911

(7) Appropriate utilization of resources

I Life EMS will maintain adequate and appropriate liability insurance of the types and limits of not less than the insurance requirements set forth in Section 13 of this Agreement Such insurance shall list The Municipalities their elected and appointed officers employees and agents as additional insureds

J Life EMS will maintain a comprehensive communications system that is fully integrated with Allegan County Central Dispatch area Hospitals and other relevant facilities and agencies Life EMS shall ensure its units have the capability to communicate with Allegan County Central Dispatch as well as police fire and rescue units operating within The Municipalities In addition to communication equipment in the ambulance vehicles Life EMS shall also equip the paramedicambulance crews with portable radios for use when they are not in the vehicle

K Life EMS will provide blood pressure checks to anyone who stops at the ambulance bases when the ambulance crews are on site and available

L Life EMS will provide a 24 hour-per-day 365-day-per-year management level person who may be contacted when unique situations arise which require additional support to The Municipalities area operations

M Life EMS will provide detailed maps for all Life EMS personnel performing services under this Agreement and be responsible for any updates and changes Life EMS shall train and educate all personnel it assigns to its Fennville area operation either on a permanent basis or as substitute or as back-ups on the Service Area roadways and possible routes to emergencies

N Life EMS will monitor the driving skills and actions of all Life EMS personnel performing services under this Agreement on a routine basis which shall be at least monthly and assure that such personnel are operating the ambulance in a safe manner at all times

O Life EMS will provide The Municipalities with not less than one hundred twenty (120) days written notice of any significant change in its business structure including any plans

6

to discontinue or substantially alter its business operations change ownership of majority of its shares sell the company or change its name The Municipalities shall have the right to terminate this Agreement with one hundred twenty (120) days written notice if the change impacts the Services provided by Life EMS under this Agreement

P Life EMS shall ensure that all personnel it assigns to provide Services on a permanent basis or as substitutes or as back-ups are familiar with rescue personnel in the area and with their policies which are applicable to the Services being provided under this Agreement

Q Life EMS shall provide a toll free number that will be staffed during normal business hours to be utilized by The Municipalities representatives and residents for resolving billing questions or operational activities

3 THE MUNICIPALITIESrsquoS RESPONSIBILITIES In addition to ensuring that monies related to supporting ambulance operations through the Annual Retention Fee paid to Life EMS the Municipalities shall also be responsible for the following

A To the extent permissible by law The Municipalities shall direct Allegan County Central Dispatch to notify Life EMS in a mutually agreed upon manner for all medical calls that Allegan County Central Dispatch receives at its 911 Central Dispatch Center requesting or requiring ambulance services within The Municipalities

B The Municipalities shall direct Allegan County Central Dispatch Center to not refuse deny or discourage access to Life EMS Ambulance Service for any request for ambulance service within The Municipalities The Municipalities shall not be liable or in breach of this Agreement in the event Allegan County Central Dispatch Center fails to follow such direction

4 COMPENSATION FEES The compensation which Life EMS shall receive for Services shall include the ambulance service fees identified in Addendum A and the Annual Service Retention Fee as described in Addendum B both of which are necessary to support ambulance operations in the Municipalities

5 BILLING Life EMS shall bill individuals for Services consistent with

A All applicable legal standards

B Health plans under which individuals are provided covered benefits which include ambulance and paramedic services and

C The rate schedule set forth in Addendum A and as amended in the future and routinely kept on file with the Municipalities

7

6 FINANCIAL PERFORMANCE DISCLOSURE When requested by The Municipalities Life EMS shall provide financial information that is specific to its servicesoperations in The Municipalities response area

7 RECORD KEEPING AND ACCESS TO RECORDS

A Life EMS shall keep complete and accurate books and records regarding its business operations to Municipalities including without limitation the services rendered and charges made and collected in accordance with generally accepted accounting practices All such books and records shall be open to inspection by the designated representatives of The Municipalities including but not limited to parties under contract with The Municipalities for auditing purposes during regular working hours of 900 am to 500 pm Monday through Friday Refusal to allow The Municipalities representatives access to said records shall constitute a material breach of this Agreement In addition the Municipalities at their own expense shall be entitled to have an audit conducted of such books and records

B All books and records covered by this section shall be maintained for period of not less than six (6) years from the date in which they were originally completed

C Life EMS agrees that if the Secretary of Health and Human Services the Comptroller General of the United States or their duly authorized representatives (hereinafter referred to as the Requesting Parties) at any time within four (4) years of completing the services to be provided under this Agreement request access to Life EMSrsquo books documents and records in accordance with 42 USC sect1395x(v)(1)(1) and the regulations adopted pursuant thereto Life EMS shall provide such access to the Requesting Parties to the extent required by said statute and the regulations promulgated pursuant thereto Furthermore Life EMS agrees that any contract between it and any other organization to which Life EMS is to a significant extent associated or affiliated with owns or is owned by or has control of or is controlled by (hereinafter referred to as the Related Organization) and which performs services on behalf of the Municipalities will contain a clause requiring the Related Organization to similarly make its books documents and records available to the Requesting Parties

D Life EMS shall also maintain all records as required by any state laws rules or regulations applicable to ambulance service providers or due to the sources of funding of the Services under this Agreement as well as the requirements of any health plans or insurers billed by Life EMS

8 MEETINGS The Parties shall maintain ongoing communications and meetings as mutually agreed upon to ensure The Municipalities are informed on Life EMSs

8

performance as it relates to this Agreement The information shall include but not be limited to the Services being provided provisions to improve the ambulance service as well as a review of the business and run data of Life EMS such as number of runs refusals response time statistics and statistics showing which days months and times of day are busiest Life EMS and The Municipalities shall have the right to mutually agree upon an increase or decrease in the amount and content of information to be reviewed at meetings

9 SAFETY Life EMS shall maintain during this Agreement such protective devices as reasonably advisable to attempt to prevent any accidents occurring as a consequence of its personnels work Life EMS shall use safety devices which are approved by the Michigan Department of Health and Human Services Safety and Regulation Bureau of MIOSHA Life EMS shall comply with all of the current laws rules and regulations of the Michigan Occupational Health and Safety Act

10 COMPLIANCE WITH LAWS RULES REGULATION AND LICENSING AND CERTIFICATION REQUIREMENTS Life EMS shall render Services required of it in material compliance with all applicable federal state and local laws ordinances codes rules and regulations and its employees and its subcontractors shall meet a federal state and local license certification and authorization requirements for the types of services required Failure by Life EMS to obtain andor maintain any required license and authorization shall result in the immediate and automatic termination of this Agreement The failure of any of Life EMS personnel to obtain andor maintain any required license and authorization for the Services which they are responsible for providing shall bar such person from providing Services under this Agreement until the license or authorization has been obtained In addition to the licensing certifications and authorization requirements set forth above Life EMS shall obtain and maintain a Commission on Accreditation of Ambulance Services (CAAS) Certificate of Accreditation

11 NONDISCRIMINATION Life EMS as required by law shall not discriminate against a person to be served or against an employee or applicant for employment with respect to hire tenure terms conditions or privileges of employment or a matter directly or indirectly related to employment because of race color religion national origin age sex disability that is unrelated to the individuals ability to perform the duties of a particular job or position height weight or marital status

Life EMS shall adhere to all applicable federal state and local laws ordinances rules and regulations prohibiting discrimination including but not limited to the following

A The Elliott-Larsen Civil Rights Act 1976 PA 453 as amended

B The Persons with Disabilities Civil Rights Act 1976 PA 220 as amended

C Section 504 of the Federal Rehabilitation Act of 1973 PL 93-112 87 Stat

9

355 as amended and regulations promulgated there under

D The Americans with Disabilities Act of 1990 PL 101-336 104 Stat 327 (42 USCA sect12101 et seq) as amended and regulations promulgated there under

Breach of this section shall be regarded as a material breach of this Agreement

12 INDEMNIFICATION AND HOLD HARMLESS Life EMS shall at its own expense protect defend indemnify and hold harmless The Municipalities and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of Life EMS or any of its officers employees or agents which may arise out of this Agreement

The Municipalities shall at their own expense protect defend indemnify and hold harmless Life EMS and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of The Municipalities or any of their officers employees or agents which may arise out of this Agreement

In the event that Life EMS insurance coverages fail to completely fulfill Life EMS indemnification responsibilities under this Agreement Life EMS shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to The Municipalities their officers employees and agents

In the event that The Municipalities insurance coverages fail to completely fulfill The Municipalities indemnification responsibilities under this Agreement The Municipalities shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to Life EMS its officers employees and agents

13 INSURANCE Life EMS shall purchase and maintain insurance not less than the limits set forth below All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan who are acceptable to The Municipalities and have a minimum AM Best Companys Insurance Reports rating of A or A- (Excellent)

A Workers Disability Compensation Insurance inclining Employers Liability Coverage in accordance with all applicable statutes of (the State of Michigan In the event Life

10

EMS uses subcontractors for the performance of services Life EMS shall ensure that said subcontractors carry Workerrsquos Disability Compensation Insurance and Employers Liability Coverage as required by law

B Commercial General Liability Insurance on an lsquoOccurrence Basisrsquo with limits of liability not less than $1000000 per occurrence and $2000000 aggregate combined single limit Personal Injury Bodily Injury and Property Damage Coverage shall include the following 1 Contractual Liability 2 Products and Completed Operations 3 Independent Contractors Coverage 4 Broad Form General Liability Endorsement or Equivalent

C Motor Vehicle Liability Insurance including Michigan No-Fault Coverage with limits of liability of not less than $1000000 per occurrence combined single limit Bodily Injury and Property Damage Coverage shall include all owned vehicles all non-owned vehicles and all hired vehicles

D Medical Professional Liability Insurance covering paramedics emergency medical technicians emergency medical technician specialists and advanced emergency medical technicians in an amount of not less than $100000000 per occurrence and $200000000 aggregate

E Excess Umbrella Liability Coverage covering all of the above stated insurance coverages with a limit of no less than $5000000 per occurrence and aggregate The insurance requirements set forth in B C and D above can be met by combining the coverage afforded in policies providing the required coverage with the excess umbrella liability coverage required herein

F Additional Insured - Commercial General Liability Insurance Motor Vehicle Liability Insurance and Medical Professional Liability Insurance as described above shall include an endorsement stating the following shall be Additional Insureds The Municipalities and their elected and appointed officials employees and agents

G Cancellation Notice - All insurance described above shall include an endorsement stating the following It is understood and agreed that thirty (30) days advanced written notice of cancellation non-renewal reduction andor material change shall be sent to The Municipalitiesrdquo

H Proof of Insurance - Life EMS shall provide The Municipalities at the time this Agreement is returned by it for execution certificate of insurance showing possession of the policies required above If so requested certified copies of ail policies will be furnished

11

I If any of the above coverages expire during the term of the Agreement Life EMS shall deliver renewal certificates andor policies to The Municipalities at least ten (10) days prior to the expiration date

14 WAIVERS

A No failure or delay on the part of either of the Parties to this Agreement in exercising any right power or privilege hereunder shall operate as a waiver thereof nor shall a single or partial exercise of any right power or privilege preclude any other or further exercise of any other right power or privilege

B In no event shall the making by The Municipalities of any payment due to Life EMS constitute or be construed as a waiver by The Municipalities of any breach of a provision of this Agreement or any default which may then exist on the part of Life EMS and the making of any such payment by The Municipalities while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to The Municipalities in respect to such breach or default

15 AMENDMENT OR MODIFICATION All modifications amendments or waivers of any provisions of this Agreement or the Services to be performed hereunder shall be made only by the written mutual consent of the Parties

16 ASSIGNMENT OR SUBCONTRACTING No Party shall assign subcontract or otherwise transfer its duties andor obligations under this Agreement without the prior written consent of The Municipalities

17 APPLICABLE LAW AND VENUE This Agreement shall be construed according to the laws of the State of Michigan In the event any actions arising under this Agreement are brought by or against The Municipalities then The Municipalities and Life EMS acknowledge and agree that the venue for such actions shall be established in accordance with the statutes of the State of Michigan andor Michigan Court Rules In the event that any action is brought under this Agreement in Federal Court the venue for such action shall be the Federal Judicial District of Michigan Western District and Southern Division

18 DISREGARDING TITLES The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement

19 COMPLETE AGREEMENT This Agreement and the attached Addendums to which it refers contain all the terms and conditions agreed upon by the Parties and no other

12

agreements oral or otherwise regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the Parties

20 TERMINATION Notwithstanding any other provision in this Agreement to the contrary this Agreement may be terminated prior to the end of the Agreement term set forth in Section 1 by any of the following means

A By mutual consent of both Parties through an amendment to this Agreement signed by the authorized representatives of both The Municipalities and Life EMS

B By either The Municipalities or Life EMS upon not less than one hundred twenty (120) days prior written notice if after giving notice to the other Party of a default as defined in Section 21 and elsewhere in this Agreement the defaulting Party fails to cure the default within thirty (30) days of receipt of such notice Exercise of such rights or limitation shall not be deemed to be a waiver of any other rights that the terminating Party may have in law or in equity

21 DEFAULT In addition to other grounds for breach or default explicitly referenced elsewhere in this Agreement default can also occur as a result of the following

A Failure to perform the Services required by this Agreement within the time specified herein or any extension thereof

B Failure to comply with any material provision of this Agreement

C Failure to obtain and or maintain insurance of the types and amounts as required in this Agreement

22 SEVERABILITY If any clause or provision of this Agreement is rendered invalid or unenforceable because of any State or Federal statute or regulation or ruling by any tribunal of competent jurisdiction that clause or provision shall be null and void and any such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement Where the deletion of the invalid or unenforceable provision would result in the illegality andor unenforceability of this Agreement this Agreement shall be considered to have terminated as of the date in which the provision was rendered invalid or unenforceable

23 NOTICE All notices shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mail or other comparable mail service postage prepaid addressed to the Party at its address set forth above Notices will be directed to the Administrators for The Municipalities and the President of Life EMS Each Party shall inform the other of who the person(s) is as designated from time to time

13

24 RELATIONSHIP OF PARTIES Nothing in this Agreement shall constitute be construed to be or create a partnership joint venture or lease between Life EMS and the Municipalities The relationship of Life EMS and The Municipalities under this Agreement is as independent contractor

25 MEDIATIONBINDING ARBITRATION In the event a dispute difference or questions shall arise between the Parties touching the construction meaning or effect of this Agreement or the rights or liabilities of the Parties then the Parties will attempt to resolve each dispute difference or question first through mediation consistent with the commercial mediation rules of the American Mediation Association then in effect Such mediation may be initiated by either Party by making a written demand for mediation on the other Party Within thirty (30) days of that demand the Parties shall agree upon a single mediator certified under the rules of the Federal District Court having jurisdiction Any resulting written settlement agreement shall be final and binding upon the Parties and shall be enforceable by the applicable courts having jurisdiction as described below The Parties shall share equally the fee of the mediator

In the event that the Parties cannot agree upon a mediator or in the event that mediation does not fully resolve the matter then each dispute difference or question shall be referred to the arbitration of two different persons one be appointed by each Party If either Party refuses or neglects to appoint an arbitrator within seven (7) days after the other Party has appointed an arbitrator and has served a written notice upol1 the first Party requiring it to make an appointment then the arbitrator appointed shall at the request of the Party appointing him or her proceed to hear and determine the matters in difference as if he or she were an arbitrator appointed by both Parties for that purpose The award or determination which shall be made by the arbitrators or arbitrator shall be final and binding upon the Parties The award shall be made in writing within fourteen (14) days next after the reference to the arbitrators or a later day upon written agreement of the Parties or the arbitrators or arbitrator The general procedure shall conform to the rules of the American Arbitration Association

26 CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT The persons signing on behalf of the Parties to this Agreement certify by their signatures that they are duly authorized to sign this Agreement on behalf of said Parties and that this Agreement has been authorized by said Parties

IN WITNESS WHEREOF the authorized representatives of the Parties have fully signed and entered into this Agreement on the day and year first above written

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 3: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 7 Fire Department Budget The City Commission will be asked to consider authorizing the FY2021 Fire Department Budget in the amount of $243350 Background Information The Fire Department has presented a draft budget to the City Commission for approval totaling $243350 of which the City would contribute 50 - $121675 This budget has also be presented to and approved by the Manlius Township Board Attachment(s) middot Draft Budget Recommended Action Motion to authorize the FY2021 Fire Department Budget in the amount of $243350

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 8 Ambulance Contract The City Commission will be asked to consider recommending the ESC approve a contract with Life EMS for ambulance services Background Information Last year the ESC bid for Ambulance services at which time AMR was awarded the bid Since that occurred there was a change of management at AMR and the ESC was notified that as of August 1 2020 there would be a significant increase to the contract amount The ESC has recently contacted Life EMS services and have received a proposal from services from them as well They have agreed to match the contract amount that AMR had proposed and would be providing services at much lower costs than AMR The Commissioner on the ESC board would like the City Commissions approval and recommendation to the ESC to approve a contract with Life EMS for ambulance services Attachment(s) middot Life EMS draft contract ndash will send contract upon receipt middot Life Fee Schedule middot AMR Fee Schedule Recommended Action Motion to recommending the ESC approve a contract with Life EMS for ambulance services

PARAMEDIC AMBULANCE RESPONSE AGREEMENT

between

FENNVILLE AREA MUNICIPALITIES

and

LIFE EMS AMBULANCE

Respectfully submitted

May 15 2020

2

This Paramedic Ambulance Response Agreement (Agreement) is made as of August 1 2020 (the Effective Date) among LIFE EMS INC a Michigan corporation having its principal place of business at 1275 Cedar Street NE Grand Rapids Michigan 49503 (Life EMS) and the municipalities of CLYDE TOWNSHIP a Michigan general law township with offices at 5360 120TH Ave Fennville MI 49408 GANGES TOWNSHIP a Michigan general law township with offices at 1904 64th St Fennville MI 49408 LEE TOWNSHIP a Michigan general law township with offices at 877 56th St Pullman MI 49450 MANLIUS TOWNSHIP a Michigan general law township with offices at 3134 57th St Fennville MI 49408 SAUGATUCK TOWNSHIP a Michigan general law township with offices at 3461 Blue Star Hwy Saugatuck MI 49453 and the CITY OF FENNVILLE a Michigan home rule city with offices at 222 South Maple St Fennville MI 49408 (collectively referred to as the ldquoMunicipalitiesrdquo and Life EMS and the Municipalities sometimes referred to as the ldquoContracting Partiesrdquo)

RECITALS

WHEREAS Life EMS is a corporation engaged in the business of providing ambulance and paramedic medical services licensed by the Michigan Department of Health and Human Services (MDHHS) and is authorized to provide service the Municipalities by t h e A l l e g a n County Medical Control Authority

WHEREAS the Municipalities wish to retain Life EMS to provide ambulance and paramedic response services to the Municipalities their residents and their visitors Other communities may sign onto the terms and conditions of this Agreement if mutually agreeable to the Municipalities and Life EMS

NOW THEREFORE it is agreed by and between the Contracting Parties as follows

A The Parties agree that the availability of ambulance and paramedic emergency medical services is a continuing necessity for the residents of the Municipalities

B The Municipalities may pursuant to MCL 1241 et seq and MCL 124501 et seq enter into contracts with an ambulance company for the provision of ambulance and paramedic response services to its residents As such The Municipalities wish to contract with Life EMS under the terms and conditions of this Agreement

C The Municipalities will direct any and all ambulance subsidies or other monies related to supporting ambulance operations in the Municipalities as identified in Addendum B to Life EMS starting on the effective date

D The Municipalities will support Life EMSs ongoing service growth in surrounding communities and the facilities to attain the revenue necessary to be financially viable

3

TERMS AND CONDITIONS

NOW THEREFORE it is agreed by and between the Parties as follows

1 TERM A The initial term of this Agreement (the Initial Term) shall be commencing on

August 1 2020 and expiring on July 31 2023

B Prior to the end of the Initial Term or any Extension Term (as subsequently defined) this agreement will automatically renew to extend the term of this Agreement for additional two (2) year terms (each an Extension Term) at the fees and subsidies to which The Municipalities and Life EMS agree in writing prior to the beginning of such Extension Term If this option is exercised but compensation cannot be agreed upon this Agreement shall terminate at the end of the then-current Initial Term or Extension Term

C Notwithstanding any other provision in this Agreement to the contrary any Party may terminate this Agreement prior to July 31 2023 or the end of any Extension Term consistent with the terms of Section 20 of this Agreement

D The Parties agree that discussion regarding an increase in the rate of the Annual Service Retention Fee for an Extension Term different than described within this agreement must be initiated by the Parties prior to January 1 of the year in which the Initial Term or any Extension Term will expire

E The Municipalities reserve the right to begin a bid process if the Parties fail to agree on a rate of compensation for an Extension Term by January 1 of the year in which the Initial Term or any Extension Term will expire

2 LIFE EMS SERVICES AND RESPONSIBILITIES Life EMS shall be the exclusive provider of ambulance and paramedic emergency medical response services as an Advanced Life Support Service licensed (the Services) within the service area (the Service Area) The Service Area covered by this agreement will be the geographic boundaries of the Municipalities described and shown in Addendum C Service Area Map For the purposes of this Agreement Advanced Life Support Services shall mean those services defined as advanced life support services or mobile emergency care services under and licensed by the Michigan Department of Health and Human Services (MDHHS) under Part 209 of the Michigan Public Health Code Act 368 of the Public Acts of 1978 as amended MCL

4

33320901 et seq (the Act) and the regulations promulgated under the Act In the interest of protecting the public health and welfare of their residents and to provide for orderly and uniform emergency medical services to their residents The Municipalities will require that any provider of ambulance and paramedic medical service including Life EMS be licensed by the State of Michigan as an Advanced Life Support Service The Services in the Service Area shall include and be in compliance with the following

A The agreed upon services shall be performed by licensed qualified crews The minimum staffing will include one (1) twenty-four (24) hour fully-staffed ambulance seven (7) days a week Each ambulance will be staffed at the level required by the Michigan Department of Health and Human Services (MDHHS) for an ALSparamedic ambulance Life EMS shall also have the capability of providing back-up ambulances to allow for scheduled maintenance and additional coverage for special events Life EMS shall utilize mutual aid for adjoining areas when it deems appropriate Life EMS with the permission of The Municipalities may adjust staffing levels in the future to reflect any increase or decrease in patient transport volume

B Life EMS will prepare and submit statistical reports to The Municipalities on a mutually agreed upon frequency Each report shall contain such information and be in such form as The Municipalities and Life EMS mutually agree upon

C Life EMS shall be responsible to maintain its Service Area equipment and vehicles in a condition sufficient to perform the Services and in keeping with generally accepted practices and standards for the maintenance of such emergency vehicles

D Life EMS will provide ambulance and paramedic support at specific incidents as requested by Police and Fire agencies throughout the Service Area

E Life EMS will provide extensive quality improvement activities for all Allegan County based Life EMS personnel Such quality improvement activities shall include treatment audits and in service training

F Life EMS will assist with chain of survival improvement activities to strive for enhanced patient care

G Life EMS will make available at all times an appropriate number of qualified administrative staff and personnel to allow successful implementation of the EMS systems operational policies in the Service Area

H Life EMS will participate in the promulgation of public education and information on prevention of emergencies including but not limited to (a fee may be associated with some training programs)

(1) EMS service availability including level of service and access

5

(2) CPR and first aid training

(3) General health care issues including early problem recognition

(4) Injury and illness prevention

(5) Immediate recognition of an illness or injury

(6) System access through 911

(7) Appropriate utilization of resources

I Life EMS will maintain adequate and appropriate liability insurance of the types and limits of not less than the insurance requirements set forth in Section 13 of this Agreement Such insurance shall list The Municipalities their elected and appointed officers employees and agents as additional insureds

J Life EMS will maintain a comprehensive communications system that is fully integrated with Allegan County Central Dispatch area Hospitals and other relevant facilities and agencies Life EMS shall ensure its units have the capability to communicate with Allegan County Central Dispatch as well as police fire and rescue units operating within The Municipalities In addition to communication equipment in the ambulance vehicles Life EMS shall also equip the paramedicambulance crews with portable radios for use when they are not in the vehicle

K Life EMS will provide blood pressure checks to anyone who stops at the ambulance bases when the ambulance crews are on site and available

L Life EMS will provide a 24 hour-per-day 365-day-per-year management level person who may be contacted when unique situations arise which require additional support to The Municipalities area operations

M Life EMS will provide detailed maps for all Life EMS personnel performing services under this Agreement and be responsible for any updates and changes Life EMS shall train and educate all personnel it assigns to its Fennville area operation either on a permanent basis or as substitute or as back-ups on the Service Area roadways and possible routes to emergencies

N Life EMS will monitor the driving skills and actions of all Life EMS personnel performing services under this Agreement on a routine basis which shall be at least monthly and assure that such personnel are operating the ambulance in a safe manner at all times

O Life EMS will provide The Municipalities with not less than one hundred twenty (120) days written notice of any significant change in its business structure including any plans

6

to discontinue or substantially alter its business operations change ownership of majority of its shares sell the company or change its name The Municipalities shall have the right to terminate this Agreement with one hundred twenty (120) days written notice if the change impacts the Services provided by Life EMS under this Agreement

P Life EMS shall ensure that all personnel it assigns to provide Services on a permanent basis or as substitutes or as back-ups are familiar with rescue personnel in the area and with their policies which are applicable to the Services being provided under this Agreement

Q Life EMS shall provide a toll free number that will be staffed during normal business hours to be utilized by The Municipalities representatives and residents for resolving billing questions or operational activities

3 THE MUNICIPALITIESrsquoS RESPONSIBILITIES In addition to ensuring that monies related to supporting ambulance operations through the Annual Retention Fee paid to Life EMS the Municipalities shall also be responsible for the following

A To the extent permissible by law The Municipalities shall direct Allegan County Central Dispatch to notify Life EMS in a mutually agreed upon manner for all medical calls that Allegan County Central Dispatch receives at its 911 Central Dispatch Center requesting or requiring ambulance services within The Municipalities

B The Municipalities shall direct Allegan County Central Dispatch Center to not refuse deny or discourage access to Life EMS Ambulance Service for any request for ambulance service within The Municipalities The Municipalities shall not be liable or in breach of this Agreement in the event Allegan County Central Dispatch Center fails to follow such direction

4 COMPENSATION FEES The compensation which Life EMS shall receive for Services shall include the ambulance service fees identified in Addendum A and the Annual Service Retention Fee as described in Addendum B both of which are necessary to support ambulance operations in the Municipalities

5 BILLING Life EMS shall bill individuals for Services consistent with

A All applicable legal standards

B Health plans under which individuals are provided covered benefits which include ambulance and paramedic services and

C The rate schedule set forth in Addendum A and as amended in the future and routinely kept on file with the Municipalities

7

6 FINANCIAL PERFORMANCE DISCLOSURE When requested by The Municipalities Life EMS shall provide financial information that is specific to its servicesoperations in The Municipalities response area

7 RECORD KEEPING AND ACCESS TO RECORDS

A Life EMS shall keep complete and accurate books and records regarding its business operations to Municipalities including without limitation the services rendered and charges made and collected in accordance with generally accepted accounting practices All such books and records shall be open to inspection by the designated representatives of The Municipalities including but not limited to parties under contract with The Municipalities for auditing purposes during regular working hours of 900 am to 500 pm Monday through Friday Refusal to allow The Municipalities representatives access to said records shall constitute a material breach of this Agreement In addition the Municipalities at their own expense shall be entitled to have an audit conducted of such books and records

B All books and records covered by this section shall be maintained for period of not less than six (6) years from the date in which they were originally completed

C Life EMS agrees that if the Secretary of Health and Human Services the Comptroller General of the United States or their duly authorized representatives (hereinafter referred to as the Requesting Parties) at any time within four (4) years of completing the services to be provided under this Agreement request access to Life EMSrsquo books documents and records in accordance with 42 USC sect1395x(v)(1)(1) and the regulations adopted pursuant thereto Life EMS shall provide such access to the Requesting Parties to the extent required by said statute and the regulations promulgated pursuant thereto Furthermore Life EMS agrees that any contract between it and any other organization to which Life EMS is to a significant extent associated or affiliated with owns or is owned by or has control of or is controlled by (hereinafter referred to as the Related Organization) and which performs services on behalf of the Municipalities will contain a clause requiring the Related Organization to similarly make its books documents and records available to the Requesting Parties

D Life EMS shall also maintain all records as required by any state laws rules or regulations applicable to ambulance service providers or due to the sources of funding of the Services under this Agreement as well as the requirements of any health plans or insurers billed by Life EMS

8 MEETINGS The Parties shall maintain ongoing communications and meetings as mutually agreed upon to ensure The Municipalities are informed on Life EMSs

8

performance as it relates to this Agreement The information shall include but not be limited to the Services being provided provisions to improve the ambulance service as well as a review of the business and run data of Life EMS such as number of runs refusals response time statistics and statistics showing which days months and times of day are busiest Life EMS and The Municipalities shall have the right to mutually agree upon an increase or decrease in the amount and content of information to be reviewed at meetings

9 SAFETY Life EMS shall maintain during this Agreement such protective devices as reasonably advisable to attempt to prevent any accidents occurring as a consequence of its personnels work Life EMS shall use safety devices which are approved by the Michigan Department of Health and Human Services Safety and Regulation Bureau of MIOSHA Life EMS shall comply with all of the current laws rules and regulations of the Michigan Occupational Health and Safety Act

10 COMPLIANCE WITH LAWS RULES REGULATION AND LICENSING AND CERTIFICATION REQUIREMENTS Life EMS shall render Services required of it in material compliance with all applicable federal state and local laws ordinances codes rules and regulations and its employees and its subcontractors shall meet a federal state and local license certification and authorization requirements for the types of services required Failure by Life EMS to obtain andor maintain any required license and authorization shall result in the immediate and automatic termination of this Agreement The failure of any of Life EMS personnel to obtain andor maintain any required license and authorization for the Services which they are responsible for providing shall bar such person from providing Services under this Agreement until the license or authorization has been obtained In addition to the licensing certifications and authorization requirements set forth above Life EMS shall obtain and maintain a Commission on Accreditation of Ambulance Services (CAAS) Certificate of Accreditation

11 NONDISCRIMINATION Life EMS as required by law shall not discriminate against a person to be served or against an employee or applicant for employment with respect to hire tenure terms conditions or privileges of employment or a matter directly or indirectly related to employment because of race color religion national origin age sex disability that is unrelated to the individuals ability to perform the duties of a particular job or position height weight or marital status

Life EMS shall adhere to all applicable federal state and local laws ordinances rules and regulations prohibiting discrimination including but not limited to the following

A The Elliott-Larsen Civil Rights Act 1976 PA 453 as amended

B The Persons with Disabilities Civil Rights Act 1976 PA 220 as amended

C Section 504 of the Federal Rehabilitation Act of 1973 PL 93-112 87 Stat

9

355 as amended and regulations promulgated there under

D The Americans with Disabilities Act of 1990 PL 101-336 104 Stat 327 (42 USCA sect12101 et seq) as amended and regulations promulgated there under

Breach of this section shall be regarded as a material breach of this Agreement

12 INDEMNIFICATION AND HOLD HARMLESS Life EMS shall at its own expense protect defend indemnify and hold harmless The Municipalities and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of Life EMS or any of its officers employees or agents which may arise out of this Agreement

The Municipalities shall at their own expense protect defend indemnify and hold harmless Life EMS and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of The Municipalities or any of their officers employees or agents which may arise out of this Agreement

In the event that Life EMS insurance coverages fail to completely fulfill Life EMS indemnification responsibilities under this Agreement Life EMS shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to The Municipalities their officers employees and agents

In the event that The Municipalities insurance coverages fail to completely fulfill The Municipalities indemnification responsibilities under this Agreement The Municipalities shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to Life EMS its officers employees and agents

13 INSURANCE Life EMS shall purchase and maintain insurance not less than the limits set forth below All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan who are acceptable to The Municipalities and have a minimum AM Best Companys Insurance Reports rating of A or A- (Excellent)

A Workers Disability Compensation Insurance inclining Employers Liability Coverage in accordance with all applicable statutes of (the State of Michigan In the event Life

10

EMS uses subcontractors for the performance of services Life EMS shall ensure that said subcontractors carry Workerrsquos Disability Compensation Insurance and Employers Liability Coverage as required by law

B Commercial General Liability Insurance on an lsquoOccurrence Basisrsquo with limits of liability not less than $1000000 per occurrence and $2000000 aggregate combined single limit Personal Injury Bodily Injury and Property Damage Coverage shall include the following 1 Contractual Liability 2 Products and Completed Operations 3 Independent Contractors Coverage 4 Broad Form General Liability Endorsement or Equivalent

C Motor Vehicle Liability Insurance including Michigan No-Fault Coverage with limits of liability of not less than $1000000 per occurrence combined single limit Bodily Injury and Property Damage Coverage shall include all owned vehicles all non-owned vehicles and all hired vehicles

D Medical Professional Liability Insurance covering paramedics emergency medical technicians emergency medical technician specialists and advanced emergency medical technicians in an amount of not less than $100000000 per occurrence and $200000000 aggregate

E Excess Umbrella Liability Coverage covering all of the above stated insurance coverages with a limit of no less than $5000000 per occurrence and aggregate The insurance requirements set forth in B C and D above can be met by combining the coverage afforded in policies providing the required coverage with the excess umbrella liability coverage required herein

F Additional Insured - Commercial General Liability Insurance Motor Vehicle Liability Insurance and Medical Professional Liability Insurance as described above shall include an endorsement stating the following shall be Additional Insureds The Municipalities and their elected and appointed officials employees and agents

G Cancellation Notice - All insurance described above shall include an endorsement stating the following It is understood and agreed that thirty (30) days advanced written notice of cancellation non-renewal reduction andor material change shall be sent to The Municipalitiesrdquo

H Proof of Insurance - Life EMS shall provide The Municipalities at the time this Agreement is returned by it for execution certificate of insurance showing possession of the policies required above If so requested certified copies of ail policies will be furnished

11

I If any of the above coverages expire during the term of the Agreement Life EMS shall deliver renewal certificates andor policies to The Municipalities at least ten (10) days prior to the expiration date

14 WAIVERS

A No failure or delay on the part of either of the Parties to this Agreement in exercising any right power or privilege hereunder shall operate as a waiver thereof nor shall a single or partial exercise of any right power or privilege preclude any other or further exercise of any other right power or privilege

B In no event shall the making by The Municipalities of any payment due to Life EMS constitute or be construed as a waiver by The Municipalities of any breach of a provision of this Agreement or any default which may then exist on the part of Life EMS and the making of any such payment by The Municipalities while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to The Municipalities in respect to such breach or default

15 AMENDMENT OR MODIFICATION All modifications amendments or waivers of any provisions of this Agreement or the Services to be performed hereunder shall be made only by the written mutual consent of the Parties

16 ASSIGNMENT OR SUBCONTRACTING No Party shall assign subcontract or otherwise transfer its duties andor obligations under this Agreement without the prior written consent of The Municipalities

17 APPLICABLE LAW AND VENUE This Agreement shall be construed according to the laws of the State of Michigan In the event any actions arising under this Agreement are brought by or against The Municipalities then The Municipalities and Life EMS acknowledge and agree that the venue for such actions shall be established in accordance with the statutes of the State of Michigan andor Michigan Court Rules In the event that any action is brought under this Agreement in Federal Court the venue for such action shall be the Federal Judicial District of Michigan Western District and Southern Division

18 DISREGARDING TITLES The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement

19 COMPLETE AGREEMENT This Agreement and the attached Addendums to which it refers contain all the terms and conditions agreed upon by the Parties and no other

12

agreements oral or otherwise regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the Parties

20 TERMINATION Notwithstanding any other provision in this Agreement to the contrary this Agreement may be terminated prior to the end of the Agreement term set forth in Section 1 by any of the following means

A By mutual consent of both Parties through an amendment to this Agreement signed by the authorized representatives of both The Municipalities and Life EMS

B By either The Municipalities or Life EMS upon not less than one hundred twenty (120) days prior written notice if after giving notice to the other Party of a default as defined in Section 21 and elsewhere in this Agreement the defaulting Party fails to cure the default within thirty (30) days of receipt of such notice Exercise of such rights or limitation shall not be deemed to be a waiver of any other rights that the terminating Party may have in law or in equity

21 DEFAULT In addition to other grounds for breach or default explicitly referenced elsewhere in this Agreement default can also occur as a result of the following

A Failure to perform the Services required by this Agreement within the time specified herein or any extension thereof

B Failure to comply with any material provision of this Agreement

C Failure to obtain and or maintain insurance of the types and amounts as required in this Agreement

22 SEVERABILITY If any clause or provision of this Agreement is rendered invalid or unenforceable because of any State or Federal statute or regulation or ruling by any tribunal of competent jurisdiction that clause or provision shall be null and void and any such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement Where the deletion of the invalid or unenforceable provision would result in the illegality andor unenforceability of this Agreement this Agreement shall be considered to have terminated as of the date in which the provision was rendered invalid or unenforceable

23 NOTICE All notices shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mail or other comparable mail service postage prepaid addressed to the Party at its address set forth above Notices will be directed to the Administrators for The Municipalities and the President of Life EMS Each Party shall inform the other of who the person(s) is as designated from time to time

13

24 RELATIONSHIP OF PARTIES Nothing in this Agreement shall constitute be construed to be or create a partnership joint venture or lease between Life EMS and the Municipalities The relationship of Life EMS and The Municipalities under this Agreement is as independent contractor

25 MEDIATIONBINDING ARBITRATION In the event a dispute difference or questions shall arise between the Parties touching the construction meaning or effect of this Agreement or the rights or liabilities of the Parties then the Parties will attempt to resolve each dispute difference or question first through mediation consistent with the commercial mediation rules of the American Mediation Association then in effect Such mediation may be initiated by either Party by making a written demand for mediation on the other Party Within thirty (30) days of that demand the Parties shall agree upon a single mediator certified under the rules of the Federal District Court having jurisdiction Any resulting written settlement agreement shall be final and binding upon the Parties and shall be enforceable by the applicable courts having jurisdiction as described below The Parties shall share equally the fee of the mediator

In the event that the Parties cannot agree upon a mediator or in the event that mediation does not fully resolve the matter then each dispute difference or question shall be referred to the arbitration of two different persons one be appointed by each Party If either Party refuses or neglects to appoint an arbitrator within seven (7) days after the other Party has appointed an arbitrator and has served a written notice upol1 the first Party requiring it to make an appointment then the arbitrator appointed shall at the request of the Party appointing him or her proceed to hear and determine the matters in difference as if he or she were an arbitrator appointed by both Parties for that purpose The award or determination which shall be made by the arbitrators or arbitrator shall be final and binding upon the Parties The award shall be made in writing within fourteen (14) days next after the reference to the arbitrators or a later day upon written agreement of the Parties or the arbitrators or arbitrator The general procedure shall conform to the rules of the American Arbitration Association

26 CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT The persons signing on behalf of the Parties to this Agreement certify by their signatures that they are duly authorized to sign this Agreement on behalf of said Parties and that this Agreement has been authorized by said Parties

IN WITNESS WHEREOF the authorized representatives of the Parties have fully signed and entered into this Agreement on the day and year first above written

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 4: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 8 Ambulance Contract The City Commission will be asked to consider recommending the ESC approve a contract with Life EMS for ambulance services Background Information Last year the ESC bid for Ambulance services at which time AMR was awarded the bid Since that occurred there was a change of management at AMR and the ESC was notified that as of August 1 2020 there would be a significant increase to the contract amount The ESC has recently contacted Life EMS services and have received a proposal from services from them as well They have agreed to match the contract amount that AMR had proposed and would be providing services at much lower costs than AMR The Commissioner on the ESC board would like the City Commissions approval and recommendation to the ESC to approve a contract with Life EMS for ambulance services Attachment(s) middot Life EMS draft contract ndash will send contract upon receipt middot Life Fee Schedule middot AMR Fee Schedule Recommended Action Motion to recommending the ESC approve a contract with Life EMS for ambulance services

PARAMEDIC AMBULANCE RESPONSE AGREEMENT

between

FENNVILLE AREA MUNICIPALITIES

and

LIFE EMS AMBULANCE

Respectfully submitted

May 15 2020

2

This Paramedic Ambulance Response Agreement (Agreement) is made as of August 1 2020 (the Effective Date) among LIFE EMS INC a Michigan corporation having its principal place of business at 1275 Cedar Street NE Grand Rapids Michigan 49503 (Life EMS) and the municipalities of CLYDE TOWNSHIP a Michigan general law township with offices at 5360 120TH Ave Fennville MI 49408 GANGES TOWNSHIP a Michigan general law township with offices at 1904 64th St Fennville MI 49408 LEE TOWNSHIP a Michigan general law township with offices at 877 56th St Pullman MI 49450 MANLIUS TOWNSHIP a Michigan general law township with offices at 3134 57th St Fennville MI 49408 SAUGATUCK TOWNSHIP a Michigan general law township with offices at 3461 Blue Star Hwy Saugatuck MI 49453 and the CITY OF FENNVILLE a Michigan home rule city with offices at 222 South Maple St Fennville MI 49408 (collectively referred to as the ldquoMunicipalitiesrdquo and Life EMS and the Municipalities sometimes referred to as the ldquoContracting Partiesrdquo)

RECITALS

WHEREAS Life EMS is a corporation engaged in the business of providing ambulance and paramedic medical services licensed by the Michigan Department of Health and Human Services (MDHHS) and is authorized to provide service the Municipalities by t h e A l l e g a n County Medical Control Authority

WHEREAS the Municipalities wish to retain Life EMS to provide ambulance and paramedic response services to the Municipalities their residents and their visitors Other communities may sign onto the terms and conditions of this Agreement if mutually agreeable to the Municipalities and Life EMS

NOW THEREFORE it is agreed by and between the Contracting Parties as follows

A The Parties agree that the availability of ambulance and paramedic emergency medical services is a continuing necessity for the residents of the Municipalities

B The Municipalities may pursuant to MCL 1241 et seq and MCL 124501 et seq enter into contracts with an ambulance company for the provision of ambulance and paramedic response services to its residents As such The Municipalities wish to contract with Life EMS under the terms and conditions of this Agreement

C The Municipalities will direct any and all ambulance subsidies or other monies related to supporting ambulance operations in the Municipalities as identified in Addendum B to Life EMS starting on the effective date

D The Municipalities will support Life EMSs ongoing service growth in surrounding communities and the facilities to attain the revenue necessary to be financially viable

3

TERMS AND CONDITIONS

NOW THEREFORE it is agreed by and between the Parties as follows

1 TERM A The initial term of this Agreement (the Initial Term) shall be commencing on

August 1 2020 and expiring on July 31 2023

B Prior to the end of the Initial Term or any Extension Term (as subsequently defined) this agreement will automatically renew to extend the term of this Agreement for additional two (2) year terms (each an Extension Term) at the fees and subsidies to which The Municipalities and Life EMS agree in writing prior to the beginning of such Extension Term If this option is exercised but compensation cannot be agreed upon this Agreement shall terminate at the end of the then-current Initial Term or Extension Term

C Notwithstanding any other provision in this Agreement to the contrary any Party may terminate this Agreement prior to July 31 2023 or the end of any Extension Term consistent with the terms of Section 20 of this Agreement

D The Parties agree that discussion regarding an increase in the rate of the Annual Service Retention Fee for an Extension Term different than described within this agreement must be initiated by the Parties prior to January 1 of the year in which the Initial Term or any Extension Term will expire

E The Municipalities reserve the right to begin a bid process if the Parties fail to agree on a rate of compensation for an Extension Term by January 1 of the year in which the Initial Term or any Extension Term will expire

2 LIFE EMS SERVICES AND RESPONSIBILITIES Life EMS shall be the exclusive provider of ambulance and paramedic emergency medical response services as an Advanced Life Support Service licensed (the Services) within the service area (the Service Area) The Service Area covered by this agreement will be the geographic boundaries of the Municipalities described and shown in Addendum C Service Area Map For the purposes of this Agreement Advanced Life Support Services shall mean those services defined as advanced life support services or mobile emergency care services under and licensed by the Michigan Department of Health and Human Services (MDHHS) under Part 209 of the Michigan Public Health Code Act 368 of the Public Acts of 1978 as amended MCL

4

33320901 et seq (the Act) and the regulations promulgated under the Act In the interest of protecting the public health and welfare of their residents and to provide for orderly and uniform emergency medical services to their residents The Municipalities will require that any provider of ambulance and paramedic medical service including Life EMS be licensed by the State of Michigan as an Advanced Life Support Service The Services in the Service Area shall include and be in compliance with the following

A The agreed upon services shall be performed by licensed qualified crews The minimum staffing will include one (1) twenty-four (24) hour fully-staffed ambulance seven (7) days a week Each ambulance will be staffed at the level required by the Michigan Department of Health and Human Services (MDHHS) for an ALSparamedic ambulance Life EMS shall also have the capability of providing back-up ambulances to allow for scheduled maintenance and additional coverage for special events Life EMS shall utilize mutual aid for adjoining areas when it deems appropriate Life EMS with the permission of The Municipalities may adjust staffing levels in the future to reflect any increase or decrease in patient transport volume

B Life EMS will prepare and submit statistical reports to The Municipalities on a mutually agreed upon frequency Each report shall contain such information and be in such form as The Municipalities and Life EMS mutually agree upon

C Life EMS shall be responsible to maintain its Service Area equipment and vehicles in a condition sufficient to perform the Services and in keeping with generally accepted practices and standards for the maintenance of such emergency vehicles

D Life EMS will provide ambulance and paramedic support at specific incidents as requested by Police and Fire agencies throughout the Service Area

E Life EMS will provide extensive quality improvement activities for all Allegan County based Life EMS personnel Such quality improvement activities shall include treatment audits and in service training

F Life EMS will assist with chain of survival improvement activities to strive for enhanced patient care

G Life EMS will make available at all times an appropriate number of qualified administrative staff and personnel to allow successful implementation of the EMS systems operational policies in the Service Area

H Life EMS will participate in the promulgation of public education and information on prevention of emergencies including but not limited to (a fee may be associated with some training programs)

(1) EMS service availability including level of service and access

5

(2) CPR and first aid training

(3) General health care issues including early problem recognition

(4) Injury and illness prevention

(5) Immediate recognition of an illness or injury

(6) System access through 911

(7) Appropriate utilization of resources

I Life EMS will maintain adequate and appropriate liability insurance of the types and limits of not less than the insurance requirements set forth in Section 13 of this Agreement Such insurance shall list The Municipalities their elected and appointed officers employees and agents as additional insureds

J Life EMS will maintain a comprehensive communications system that is fully integrated with Allegan County Central Dispatch area Hospitals and other relevant facilities and agencies Life EMS shall ensure its units have the capability to communicate with Allegan County Central Dispatch as well as police fire and rescue units operating within The Municipalities In addition to communication equipment in the ambulance vehicles Life EMS shall also equip the paramedicambulance crews with portable radios for use when they are not in the vehicle

K Life EMS will provide blood pressure checks to anyone who stops at the ambulance bases when the ambulance crews are on site and available

L Life EMS will provide a 24 hour-per-day 365-day-per-year management level person who may be contacted when unique situations arise which require additional support to The Municipalities area operations

M Life EMS will provide detailed maps for all Life EMS personnel performing services under this Agreement and be responsible for any updates and changes Life EMS shall train and educate all personnel it assigns to its Fennville area operation either on a permanent basis or as substitute or as back-ups on the Service Area roadways and possible routes to emergencies

N Life EMS will monitor the driving skills and actions of all Life EMS personnel performing services under this Agreement on a routine basis which shall be at least monthly and assure that such personnel are operating the ambulance in a safe manner at all times

O Life EMS will provide The Municipalities with not less than one hundred twenty (120) days written notice of any significant change in its business structure including any plans

6

to discontinue or substantially alter its business operations change ownership of majority of its shares sell the company or change its name The Municipalities shall have the right to terminate this Agreement with one hundred twenty (120) days written notice if the change impacts the Services provided by Life EMS under this Agreement

P Life EMS shall ensure that all personnel it assigns to provide Services on a permanent basis or as substitutes or as back-ups are familiar with rescue personnel in the area and with their policies which are applicable to the Services being provided under this Agreement

Q Life EMS shall provide a toll free number that will be staffed during normal business hours to be utilized by The Municipalities representatives and residents for resolving billing questions or operational activities

3 THE MUNICIPALITIESrsquoS RESPONSIBILITIES In addition to ensuring that monies related to supporting ambulance operations through the Annual Retention Fee paid to Life EMS the Municipalities shall also be responsible for the following

A To the extent permissible by law The Municipalities shall direct Allegan County Central Dispatch to notify Life EMS in a mutually agreed upon manner for all medical calls that Allegan County Central Dispatch receives at its 911 Central Dispatch Center requesting or requiring ambulance services within The Municipalities

B The Municipalities shall direct Allegan County Central Dispatch Center to not refuse deny or discourage access to Life EMS Ambulance Service for any request for ambulance service within The Municipalities The Municipalities shall not be liable or in breach of this Agreement in the event Allegan County Central Dispatch Center fails to follow such direction

4 COMPENSATION FEES The compensation which Life EMS shall receive for Services shall include the ambulance service fees identified in Addendum A and the Annual Service Retention Fee as described in Addendum B both of which are necessary to support ambulance operations in the Municipalities

5 BILLING Life EMS shall bill individuals for Services consistent with

A All applicable legal standards

B Health plans under which individuals are provided covered benefits which include ambulance and paramedic services and

C The rate schedule set forth in Addendum A and as amended in the future and routinely kept on file with the Municipalities

7

6 FINANCIAL PERFORMANCE DISCLOSURE When requested by The Municipalities Life EMS shall provide financial information that is specific to its servicesoperations in The Municipalities response area

7 RECORD KEEPING AND ACCESS TO RECORDS

A Life EMS shall keep complete and accurate books and records regarding its business operations to Municipalities including without limitation the services rendered and charges made and collected in accordance with generally accepted accounting practices All such books and records shall be open to inspection by the designated representatives of The Municipalities including but not limited to parties under contract with The Municipalities for auditing purposes during regular working hours of 900 am to 500 pm Monday through Friday Refusal to allow The Municipalities representatives access to said records shall constitute a material breach of this Agreement In addition the Municipalities at their own expense shall be entitled to have an audit conducted of such books and records

B All books and records covered by this section shall be maintained for period of not less than six (6) years from the date in which they were originally completed

C Life EMS agrees that if the Secretary of Health and Human Services the Comptroller General of the United States or their duly authorized representatives (hereinafter referred to as the Requesting Parties) at any time within four (4) years of completing the services to be provided under this Agreement request access to Life EMSrsquo books documents and records in accordance with 42 USC sect1395x(v)(1)(1) and the regulations adopted pursuant thereto Life EMS shall provide such access to the Requesting Parties to the extent required by said statute and the regulations promulgated pursuant thereto Furthermore Life EMS agrees that any contract between it and any other organization to which Life EMS is to a significant extent associated or affiliated with owns or is owned by or has control of or is controlled by (hereinafter referred to as the Related Organization) and which performs services on behalf of the Municipalities will contain a clause requiring the Related Organization to similarly make its books documents and records available to the Requesting Parties

D Life EMS shall also maintain all records as required by any state laws rules or regulations applicable to ambulance service providers or due to the sources of funding of the Services under this Agreement as well as the requirements of any health plans or insurers billed by Life EMS

8 MEETINGS The Parties shall maintain ongoing communications and meetings as mutually agreed upon to ensure The Municipalities are informed on Life EMSs

8

performance as it relates to this Agreement The information shall include but not be limited to the Services being provided provisions to improve the ambulance service as well as a review of the business and run data of Life EMS such as number of runs refusals response time statistics and statistics showing which days months and times of day are busiest Life EMS and The Municipalities shall have the right to mutually agree upon an increase or decrease in the amount and content of information to be reviewed at meetings

9 SAFETY Life EMS shall maintain during this Agreement such protective devices as reasonably advisable to attempt to prevent any accidents occurring as a consequence of its personnels work Life EMS shall use safety devices which are approved by the Michigan Department of Health and Human Services Safety and Regulation Bureau of MIOSHA Life EMS shall comply with all of the current laws rules and regulations of the Michigan Occupational Health and Safety Act

10 COMPLIANCE WITH LAWS RULES REGULATION AND LICENSING AND CERTIFICATION REQUIREMENTS Life EMS shall render Services required of it in material compliance with all applicable federal state and local laws ordinances codes rules and regulations and its employees and its subcontractors shall meet a federal state and local license certification and authorization requirements for the types of services required Failure by Life EMS to obtain andor maintain any required license and authorization shall result in the immediate and automatic termination of this Agreement The failure of any of Life EMS personnel to obtain andor maintain any required license and authorization for the Services which they are responsible for providing shall bar such person from providing Services under this Agreement until the license or authorization has been obtained In addition to the licensing certifications and authorization requirements set forth above Life EMS shall obtain and maintain a Commission on Accreditation of Ambulance Services (CAAS) Certificate of Accreditation

11 NONDISCRIMINATION Life EMS as required by law shall not discriminate against a person to be served or against an employee or applicant for employment with respect to hire tenure terms conditions or privileges of employment or a matter directly or indirectly related to employment because of race color religion national origin age sex disability that is unrelated to the individuals ability to perform the duties of a particular job or position height weight or marital status

Life EMS shall adhere to all applicable federal state and local laws ordinances rules and regulations prohibiting discrimination including but not limited to the following

A The Elliott-Larsen Civil Rights Act 1976 PA 453 as amended

B The Persons with Disabilities Civil Rights Act 1976 PA 220 as amended

C Section 504 of the Federal Rehabilitation Act of 1973 PL 93-112 87 Stat

9

355 as amended and regulations promulgated there under

D The Americans with Disabilities Act of 1990 PL 101-336 104 Stat 327 (42 USCA sect12101 et seq) as amended and regulations promulgated there under

Breach of this section shall be regarded as a material breach of this Agreement

12 INDEMNIFICATION AND HOLD HARMLESS Life EMS shall at its own expense protect defend indemnify and hold harmless The Municipalities and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of Life EMS or any of its officers employees or agents which may arise out of this Agreement

The Municipalities shall at their own expense protect defend indemnify and hold harmless Life EMS and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of The Municipalities or any of their officers employees or agents which may arise out of this Agreement

In the event that Life EMS insurance coverages fail to completely fulfill Life EMS indemnification responsibilities under this Agreement Life EMS shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to The Municipalities their officers employees and agents

In the event that The Municipalities insurance coverages fail to completely fulfill The Municipalities indemnification responsibilities under this Agreement The Municipalities shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to Life EMS its officers employees and agents

13 INSURANCE Life EMS shall purchase and maintain insurance not less than the limits set forth below All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan who are acceptable to The Municipalities and have a minimum AM Best Companys Insurance Reports rating of A or A- (Excellent)

A Workers Disability Compensation Insurance inclining Employers Liability Coverage in accordance with all applicable statutes of (the State of Michigan In the event Life

10

EMS uses subcontractors for the performance of services Life EMS shall ensure that said subcontractors carry Workerrsquos Disability Compensation Insurance and Employers Liability Coverage as required by law

B Commercial General Liability Insurance on an lsquoOccurrence Basisrsquo with limits of liability not less than $1000000 per occurrence and $2000000 aggregate combined single limit Personal Injury Bodily Injury and Property Damage Coverage shall include the following 1 Contractual Liability 2 Products and Completed Operations 3 Independent Contractors Coverage 4 Broad Form General Liability Endorsement or Equivalent

C Motor Vehicle Liability Insurance including Michigan No-Fault Coverage with limits of liability of not less than $1000000 per occurrence combined single limit Bodily Injury and Property Damage Coverage shall include all owned vehicles all non-owned vehicles and all hired vehicles

D Medical Professional Liability Insurance covering paramedics emergency medical technicians emergency medical technician specialists and advanced emergency medical technicians in an amount of not less than $100000000 per occurrence and $200000000 aggregate

E Excess Umbrella Liability Coverage covering all of the above stated insurance coverages with a limit of no less than $5000000 per occurrence and aggregate The insurance requirements set forth in B C and D above can be met by combining the coverage afforded in policies providing the required coverage with the excess umbrella liability coverage required herein

F Additional Insured - Commercial General Liability Insurance Motor Vehicle Liability Insurance and Medical Professional Liability Insurance as described above shall include an endorsement stating the following shall be Additional Insureds The Municipalities and their elected and appointed officials employees and agents

G Cancellation Notice - All insurance described above shall include an endorsement stating the following It is understood and agreed that thirty (30) days advanced written notice of cancellation non-renewal reduction andor material change shall be sent to The Municipalitiesrdquo

H Proof of Insurance - Life EMS shall provide The Municipalities at the time this Agreement is returned by it for execution certificate of insurance showing possession of the policies required above If so requested certified copies of ail policies will be furnished

11

I If any of the above coverages expire during the term of the Agreement Life EMS shall deliver renewal certificates andor policies to The Municipalities at least ten (10) days prior to the expiration date

14 WAIVERS

A No failure or delay on the part of either of the Parties to this Agreement in exercising any right power or privilege hereunder shall operate as a waiver thereof nor shall a single or partial exercise of any right power or privilege preclude any other or further exercise of any other right power or privilege

B In no event shall the making by The Municipalities of any payment due to Life EMS constitute or be construed as a waiver by The Municipalities of any breach of a provision of this Agreement or any default which may then exist on the part of Life EMS and the making of any such payment by The Municipalities while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to The Municipalities in respect to such breach or default

15 AMENDMENT OR MODIFICATION All modifications amendments or waivers of any provisions of this Agreement or the Services to be performed hereunder shall be made only by the written mutual consent of the Parties

16 ASSIGNMENT OR SUBCONTRACTING No Party shall assign subcontract or otherwise transfer its duties andor obligations under this Agreement without the prior written consent of The Municipalities

17 APPLICABLE LAW AND VENUE This Agreement shall be construed according to the laws of the State of Michigan In the event any actions arising under this Agreement are brought by or against The Municipalities then The Municipalities and Life EMS acknowledge and agree that the venue for such actions shall be established in accordance with the statutes of the State of Michigan andor Michigan Court Rules In the event that any action is brought under this Agreement in Federal Court the venue for such action shall be the Federal Judicial District of Michigan Western District and Southern Division

18 DISREGARDING TITLES The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement

19 COMPLETE AGREEMENT This Agreement and the attached Addendums to which it refers contain all the terms and conditions agreed upon by the Parties and no other

12

agreements oral or otherwise regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the Parties

20 TERMINATION Notwithstanding any other provision in this Agreement to the contrary this Agreement may be terminated prior to the end of the Agreement term set forth in Section 1 by any of the following means

A By mutual consent of both Parties through an amendment to this Agreement signed by the authorized representatives of both The Municipalities and Life EMS

B By either The Municipalities or Life EMS upon not less than one hundred twenty (120) days prior written notice if after giving notice to the other Party of a default as defined in Section 21 and elsewhere in this Agreement the defaulting Party fails to cure the default within thirty (30) days of receipt of such notice Exercise of such rights or limitation shall not be deemed to be a waiver of any other rights that the terminating Party may have in law or in equity

21 DEFAULT In addition to other grounds for breach or default explicitly referenced elsewhere in this Agreement default can also occur as a result of the following

A Failure to perform the Services required by this Agreement within the time specified herein or any extension thereof

B Failure to comply with any material provision of this Agreement

C Failure to obtain and or maintain insurance of the types and amounts as required in this Agreement

22 SEVERABILITY If any clause or provision of this Agreement is rendered invalid or unenforceable because of any State or Federal statute or regulation or ruling by any tribunal of competent jurisdiction that clause or provision shall be null and void and any such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement Where the deletion of the invalid or unenforceable provision would result in the illegality andor unenforceability of this Agreement this Agreement shall be considered to have terminated as of the date in which the provision was rendered invalid or unenforceable

23 NOTICE All notices shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mail or other comparable mail service postage prepaid addressed to the Party at its address set forth above Notices will be directed to the Administrators for The Municipalities and the President of Life EMS Each Party shall inform the other of who the person(s) is as designated from time to time

13

24 RELATIONSHIP OF PARTIES Nothing in this Agreement shall constitute be construed to be or create a partnership joint venture or lease between Life EMS and the Municipalities The relationship of Life EMS and The Municipalities under this Agreement is as independent contractor

25 MEDIATIONBINDING ARBITRATION In the event a dispute difference or questions shall arise between the Parties touching the construction meaning or effect of this Agreement or the rights or liabilities of the Parties then the Parties will attempt to resolve each dispute difference or question first through mediation consistent with the commercial mediation rules of the American Mediation Association then in effect Such mediation may be initiated by either Party by making a written demand for mediation on the other Party Within thirty (30) days of that demand the Parties shall agree upon a single mediator certified under the rules of the Federal District Court having jurisdiction Any resulting written settlement agreement shall be final and binding upon the Parties and shall be enforceable by the applicable courts having jurisdiction as described below The Parties shall share equally the fee of the mediator

In the event that the Parties cannot agree upon a mediator or in the event that mediation does not fully resolve the matter then each dispute difference or question shall be referred to the arbitration of two different persons one be appointed by each Party If either Party refuses or neglects to appoint an arbitrator within seven (7) days after the other Party has appointed an arbitrator and has served a written notice upol1 the first Party requiring it to make an appointment then the arbitrator appointed shall at the request of the Party appointing him or her proceed to hear and determine the matters in difference as if he or she were an arbitrator appointed by both Parties for that purpose The award or determination which shall be made by the arbitrators or arbitrator shall be final and binding upon the Parties The award shall be made in writing within fourteen (14) days next after the reference to the arbitrators or a later day upon written agreement of the Parties or the arbitrators or arbitrator The general procedure shall conform to the rules of the American Arbitration Association

26 CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT The persons signing on behalf of the Parties to this Agreement certify by their signatures that they are duly authorized to sign this Agreement on behalf of said Parties and that this Agreement has been authorized by said Parties

IN WITNESS WHEREOF the authorized representatives of the Parties have fully signed and entered into this Agreement on the day and year first above written

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

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Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

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BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

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Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 5: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

PARAMEDIC AMBULANCE RESPONSE AGREEMENT

between

FENNVILLE AREA MUNICIPALITIES

and

LIFE EMS AMBULANCE

Respectfully submitted

May 15 2020

2

This Paramedic Ambulance Response Agreement (Agreement) is made as of August 1 2020 (the Effective Date) among LIFE EMS INC a Michigan corporation having its principal place of business at 1275 Cedar Street NE Grand Rapids Michigan 49503 (Life EMS) and the municipalities of CLYDE TOWNSHIP a Michigan general law township with offices at 5360 120TH Ave Fennville MI 49408 GANGES TOWNSHIP a Michigan general law township with offices at 1904 64th St Fennville MI 49408 LEE TOWNSHIP a Michigan general law township with offices at 877 56th St Pullman MI 49450 MANLIUS TOWNSHIP a Michigan general law township with offices at 3134 57th St Fennville MI 49408 SAUGATUCK TOWNSHIP a Michigan general law township with offices at 3461 Blue Star Hwy Saugatuck MI 49453 and the CITY OF FENNVILLE a Michigan home rule city with offices at 222 South Maple St Fennville MI 49408 (collectively referred to as the ldquoMunicipalitiesrdquo and Life EMS and the Municipalities sometimes referred to as the ldquoContracting Partiesrdquo)

RECITALS

WHEREAS Life EMS is a corporation engaged in the business of providing ambulance and paramedic medical services licensed by the Michigan Department of Health and Human Services (MDHHS) and is authorized to provide service the Municipalities by t h e A l l e g a n County Medical Control Authority

WHEREAS the Municipalities wish to retain Life EMS to provide ambulance and paramedic response services to the Municipalities their residents and their visitors Other communities may sign onto the terms and conditions of this Agreement if mutually agreeable to the Municipalities and Life EMS

NOW THEREFORE it is agreed by and between the Contracting Parties as follows

A The Parties agree that the availability of ambulance and paramedic emergency medical services is a continuing necessity for the residents of the Municipalities

B The Municipalities may pursuant to MCL 1241 et seq and MCL 124501 et seq enter into contracts with an ambulance company for the provision of ambulance and paramedic response services to its residents As such The Municipalities wish to contract with Life EMS under the terms and conditions of this Agreement

C The Municipalities will direct any and all ambulance subsidies or other monies related to supporting ambulance operations in the Municipalities as identified in Addendum B to Life EMS starting on the effective date

D The Municipalities will support Life EMSs ongoing service growth in surrounding communities and the facilities to attain the revenue necessary to be financially viable

3

TERMS AND CONDITIONS

NOW THEREFORE it is agreed by and between the Parties as follows

1 TERM A The initial term of this Agreement (the Initial Term) shall be commencing on

August 1 2020 and expiring on July 31 2023

B Prior to the end of the Initial Term or any Extension Term (as subsequently defined) this agreement will automatically renew to extend the term of this Agreement for additional two (2) year terms (each an Extension Term) at the fees and subsidies to which The Municipalities and Life EMS agree in writing prior to the beginning of such Extension Term If this option is exercised but compensation cannot be agreed upon this Agreement shall terminate at the end of the then-current Initial Term or Extension Term

C Notwithstanding any other provision in this Agreement to the contrary any Party may terminate this Agreement prior to July 31 2023 or the end of any Extension Term consistent with the terms of Section 20 of this Agreement

D The Parties agree that discussion regarding an increase in the rate of the Annual Service Retention Fee for an Extension Term different than described within this agreement must be initiated by the Parties prior to January 1 of the year in which the Initial Term or any Extension Term will expire

E The Municipalities reserve the right to begin a bid process if the Parties fail to agree on a rate of compensation for an Extension Term by January 1 of the year in which the Initial Term or any Extension Term will expire

2 LIFE EMS SERVICES AND RESPONSIBILITIES Life EMS shall be the exclusive provider of ambulance and paramedic emergency medical response services as an Advanced Life Support Service licensed (the Services) within the service area (the Service Area) The Service Area covered by this agreement will be the geographic boundaries of the Municipalities described and shown in Addendum C Service Area Map For the purposes of this Agreement Advanced Life Support Services shall mean those services defined as advanced life support services or mobile emergency care services under and licensed by the Michigan Department of Health and Human Services (MDHHS) under Part 209 of the Michigan Public Health Code Act 368 of the Public Acts of 1978 as amended MCL

4

33320901 et seq (the Act) and the regulations promulgated under the Act In the interest of protecting the public health and welfare of their residents and to provide for orderly and uniform emergency medical services to their residents The Municipalities will require that any provider of ambulance and paramedic medical service including Life EMS be licensed by the State of Michigan as an Advanced Life Support Service The Services in the Service Area shall include and be in compliance with the following

A The agreed upon services shall be performed by licensed qualified crews The minimum staffing will include one (1) twenty-four (24) hour fully-staffed ambulance seven (7) days a week Each ambulance will be staffed at the level required by the Michigan Department of Health and Human Services (MDHHS) for an ALSparamedic ambulance Life EMS shall also have the capability of providing back-up ambulances to allow for scheduled maintenance and additional coverage for special events Life EMS shall utilize mutual aid for adjoining areas when it deems appropriate Life EMS with the permission of The Municipalities may adjust staffing levels in the future to reflect any increase or decrease in patient transport volume

B Life EMS will prepare and submit statistical reports to The Municipalities on a mutually agreed upon frequency Each report shall contain such information and be in such form as The Municipalities and Life EMS mutually agree upon

C Life EMS shall be responsible to maintain its Service Area equipment and vehicles in a condition sufficient to perform the Services and in keeping with generally accepted practices and standards for the maintenance of such emergency vehicles

D Life EMS will provide ambulance and paramedic support at specific incidents as requested by Police and Fire agencies throughout the Service Area

E Life EMS will provide extensive quality improvement activities for all Allegan County based Life EMS personnel Such quality improvement activities shall include treatment audits and in service training

F Life EMS will assist with chain of survival improvement activities to strive for enhanced patient care

G Life EMS will make available at all times an appropriate number of qualified administrative staff and personnel to allow successful implementation of the EMS systems operational policies in the Service Area

H Life EMS will participate in the promulgation of public education and information on prevention of emergencies including but not limited to (a fee may be associated with some training programs)

(1) EMS service availability including level of service and access

5

(2) CPR and first aid training

(3) General health care issues including early problem recognition

(4) Injury and illness prevention

(5) Immediate recognition of an illness or injury

(6) System access through 911

(7) Appropriate utilization of resources

I Life EMS will maintain adequate and appropriate liability insurance of the types and limits of not less than the insurance requirements set forth in Section 13 of this Agreement Such insurance shall list The Municipalities their elected and appointed officers employees and agents as additional insureds

J Life EMS will maintain a comprehensive communications system that is fully integrated with Allegan County Central Dispatch area Hospitals and other relevant facilities and agencies Life EMS shall ensure its units have the capability to communicate with Allegan County Central Dispatch as well as police fire and rescue units operating within The Municipalities In addition to communication equipment in the ambulance vehicles Life EMS shall also equip the paramedicambulance crews with portable radios for use when they are not in the vehicle

K Life EMS will provide blood pressure checks to anyone who stops at the ambulance bases when the ambulance crews are on site and available

L Life EMS will provide a 24 hour-per-day 365-day-per-year management level person who may be contacted when unique situations arise which require additional support to The Municipalities area operations

M Life EMS will provide detailed maps for all Life EMS personnel performing services under this Agreement and be responsible for any updates and changes Life EMS shall train and educate all personnel it assigns to its Fennville area operation either on a permanent basis or as substitute or as back-ups on the Service Area roadways and possible routes to emergencies

N Life EMS will monitor the driving skills and actions of all Life EMS personnel performing services under this Agreement on a routine basis which shall be at least monthly and assure that such personnel are operating the ambulance in a safe manner at all times

O Life EMS will provide The Municipalities with not less than one hundred twenty (120) days written notice of any significant change in its business structure including any plans

6

to discontinue or substantially alter its business operations change ownership of majority of its shares sell the company or change its name The Municipalities shall have the right to terminate this Agreement with one hundred twenty (120) days written notice if the change impacts the Services provided by Life EMS under this Agreement

P Life EMS shall ensure that all personnel it assigns to provide Services on a permanent basis or as substitutes or as back-ups are familiar with rescue personnel in the area and with their policies which are applicable to the Services being provided under this Agreement

Q Life EMS shall provide a toll free number that will be staffed during normal business hours to be utilized by The Municipalities representatives and residents for resolving billing questions or operational activities

3 THE MUNICIPALITIESrsquoS RESPONSIBILITIES In addition to ensuring that monies related to supporting ambulance operations through the Annual Retention Fee paid to Life EMS the Municipalities shall also be responsible for the following

A To the extent permissible by law The Municipalities shall direct Allegan County Central Dispatch to notify Life EMS in a mutually agreed upon manner for all medical calls that Allegan County Central Dispatch receives at its 911 Central Dispatch Center requesting or requiring ambulance services within The Municipalities

B The Municipalities shall direct Allegan County Central Dispatch Center to not refuse deny or discourage access to Life EMS Ambulance Service for any request for ambulance service within The Municipalities The Municipalities shall not be liable or in breach of this Agreement in the event Allegan County Central Dispatch Center fails to follow such direction

4 COMPENSATION FEES The compensation which Life EMS shall receive for Services shall include the ambulance service fees identified in Addendum A and the Annual Service Retention Fee as described in Addendum B both of which are necessary to support ambulance operations in the Municipalities

5 BILLING Life EMS shall bill individuals for Services consistent with

A All applicable legal standards

B Health plans under which individuals are provided covered benefits which include ambulance and paramedic services and

C The rate schedule set forth in Addendum A and as amended in the future and routinely kept on file with the Municipalities

7

6 FINANCIAL PERFORMANCE DISCLOSURE When requested by The Municipalities Life EMS shall provide financial information that is specific to its servicesoperations in The Municipalities response area

7 RECORD KEEPING AND ACCESS TO RECORDS

A Life EMS shall keep complete and accurate books and records regarding its business operations to Municipalities including without limitation the services rendered and charges made and collected in accordance with generally accepted accounting practices All such books and records shall be open to inspection by the designated representatives of The Municipalities including but not limited to parties under contract with The Municipalities for auditing purposes during regular working hours of 900 am to 500 pm Monday through Friday Refusal to allow The Municipalities representatives access to said records shall constitute a material breach of this Agreement In addition the Municipalities at their own expense shall be entitled to have an audit conducted of such books and records

B All books and records covered by this section shall be maintained for period of not less than six (6) years from the date in which they were originally completed

C Life EMS agrees that if the Secretary of Health and Human Services the Comptroller General of the United States or their duly authorized representatives (hereinafter referred to as the Requesting Parties) at any time within four (4) years of completing the services to be provided under this Agreement request access to Life EMSrsquo books documents and records in accordance with 42 USC sect1395x(v)(1)(1) and the regulations adopted pursuant thereto Life EMS shall provide such access to the Requesting Parties to the extent required by said statute and the regulations promulgated pursuant thereto Furthermore Life EMS agrees that any contract between it and any other organization to which Life EMS is to a significant extent associated or affiliated with owns or is owned by or has control of or is controlled by (hereinafter referred to as the Related Organization) and which performs services on behalf of the Municipalities will contain a clause requiring the Related Organization to similarly make its books documents and records available to the Requesting Parties

D Life EMS shall also maintain all records as required by any state laws rules or regulations applicable to ambulance service providers or due to the sources of funding of the Services under this Agreement as well as the requirements of any health plans or insurers billed by Life EMS

8 MEETINGS The Parties shall maintain ongoing communications and meetings as mutually agreed upon to ensure The Municipalities are informed on Life EMSs

8

performance as it relates to this Agreement The information shall include but not be limited to the Services being provided provisions to improve the ambulance service as well as a review of the business and run data of Life EMS such as number of runs refusals response time statistics and statistics showing which days months and times of day are busiest Life EMS and The Municipalities shall have the right to mutually agree upon an increase or decrease in the amount and content of information to be reviewed at meetings

9 SAFETY Life EMS shall maintain during this Agreement such protective devices as reasonably advisable to attempt to prevent any accidents occurring as a consequence of its personnels work Life EMS shall use safety devices which are approved by the Michigan Department of Health and Human Services Safety and Regulation Bureau of MIOSHA Life EMS shall comply with all of the current laws rules and regulations of the Michigan Occupational Health and Safety Act

10 COMPLIANCE WITH LAWS RULES REGULATION AND LICENSING AND CERTIFICATION REQUIREMENTS Life EMS shall render Services required of it in material compliance with all applicable federal state and local laws ordinances codes rules and regulations and its employees and its subcontractors shall meet a federal state and local license certification and authorization requirements for the types of services required Failure by Life EMS to obtain andor maintain any required license and authorization shall result in the immediate and automatic termination of this Agreement The failure of any of Life EMS personnel to obtain andor maintain any required license and authorization for the Services which they are responsible for providing shall bar such person from providing Services under this Agreement until the license or authorization has been obtained In addition to the licensing certifications and authorization requirements set forth above Life EMS shall obtain and maintain a Commission on Accreditation of Ambulance Services (CAAS) Certificate of Accreditation

11 NONDISCRIMINATION Life EMS as required by law shall not discriminate against a person to be served or against an employee or applicant for employment with respect to hire tenure terms conditions or privileges of employment or a matter directly or indirectly related to employment because of race color religion national origin age sex disability that is unrelated to the individuals ability to perform the duties of a particular job or position height weight or marital status

Life EMS shall adhere to all applicable federal state and local laws ordinances rules and regulations prohibiting discrimination including but not limited to the following

A The Elliott-Larsen Civil Rights Act 1976 PA 453 as amended

B The Persons with Disabilities Civil Rights Act 1976 PA 220 as amended

C Section 504 of the Federal Rehabilitation Act of 1973 PL 93-112 87 Stat

9

355 as amended and regulations promulgated there under

D The Americans with Disabilities Act of 1990 PL 101-336 104 Stat 327 (42 USCA sect12101 et seq) as amended and regulations promulgated there under

Breach of this section shall be regarded as a material breach of this Agreement

12 INDEMNIFICATION AND HOLD HARMLESS Life EMS shall at its own expense protect defend indemnify and hold harmless The Municipalities and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of Life EMS or any of its officers employees or agents which may arise out of this Agreement

The Municipalities shall at their own expense protect defend indemnify and hold harmless Life EMS and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of The Municipalities or any of their officers employees or agents which may arise out of this Agreement

In the event that Life EMS insurance coverages fail to completely fulfill Life EMS indemnification responsibilities under this Agreement Life EMS shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to The Municipalities their officers employees and agents

In the event that The Municipalities insurance coverages fail to completely fulfill The Municipalities indemnification responsibilities under this Agreement The Municipalities shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to Life EMS its officers employees and agents

13 INSURANCE Life EMS shall purchase and maintain insurance not less than the limits set forth below All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan who are acceptable to The Municipalities and have a minimum AM Best Companys Insurance Reports rating of A or A- (Excellent)

A Workers Disability Compensation Insurance inclining Employers Liability Coverage in accordance with all applicable statutes of (the State of Michigan In the event Life

10

EMS uses subcontractors for the performance of services Life EMS shall ensure that said subcontractors carry Workerrsquos Disability Compensation Insurance and Employers Liability Coverage as required by law

B Commercial General Liability Insurance on an lsquoOccurrence Basisrsquo with limits of liability not less than $1000000 per occurrence and $2000000 aggregate combined single limit Personal Injury Bodily Injury and Property Damage Coverage shall include the following 1 Contractual Liability 2 Products and Completed Operations 3 Independent Contractors Coverage 4 Broad Form General Liability Endorsement or Equivalent

C Motor Vehicle Liability Insurance including Michigan No-Fault Coverage with limits of liability of not less than $1000000 per occurrence combined single limit Bodily Injury and Property Damage Coverage shall include all owned vehicles all non-owned vehicles and all hired vehicles

D Medical Professional Liability Insurance covering paramedics emergency medical technicians emergency medical technician specialists and advanced emergency medical technicians in an amount of not less than $100000000 per occurrence and $200000000 aggregate

E Excess Umbrella Liability Coverage covering all of the above stated insurance coverages with a limit of no less than $5000000 per occurrence and aggregate The insurance requirements set forth in B C and D above can be met by combining the coverage afforded in policies providing the required coverage with the excess umbrella liability coverage required herein

F Additional Insured - Commercial General Liability Insurance Motor Vehicle Liability Insurance and Medical Professional Liability Insurance as described above shall include an endorsement stating the following shall be Additional Insureds The Municipalities and their elected and appointed officials employees and agents

G Cancellation Notice - All insurance described above shall include an endorsement stating the following It is understood and agreed that thirty (30) days advanced written notice of cancellation non-renewal reduction andor material change shall be sent to The Municipalitiesrdquo

H Proof of Insurance - Life EMS shall provide The Municipalities at the time this Agreement is returned by it for execution certificate of insurance showing possession of the policies required above If so requested certified copies of ail policies will be furnished

11

I If any of the above coverages expire during the term of the Agreement Life EMS shall deliver renewal certificates andor policies to The Municipalities at least ten (10) days prior to the expiration date

14 WAIVERS

A No failure or delay on the part of either of the Parties to this Agreement in exercising any right power or privilege hereunder shall operate as a waiver thereof nor shall a single or partial exercise of any right power or privilege preclude any other or further exercise of any other right power or privilege

B In no event shall the making by The Municipalities of any payment due to Life EMS constitute or be construed as a waiver by The Municipalities of any breach of a provision of this Agreement or any default which may then exist on the part of Life EMS and the making of any such payment by The Municipalities while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to The Municipalities in respect to such breach or default

15 AMENDMENT OR MODIFICATION All modifications amendments or waivers of any provisions of this Agreement or the Services to be performed hereunder shall be made only by the written mutual consent of the Parties

16 ASSIGNMENT OR SUBCONTRACTING No Party shall assign subcontract or otherwise transfer its duties andor obligations under this Agreement without the prior written consent of The Municipalities

17 APPLICABLE LAW AND VENUE This Agreement shall be construed according to the laws of the State of Michigan In the event any actions arising under this Agreement are brought by or against The Municipalities then The Municipalities and Life EMS acknowledge and agree that the venue for such actions shall be established in accordance with the statutes of the State of Michigan andor Michigan Court Rules In the event that any action is brought under this Agreement in Federal Court the venue for such action shall be the Federal Judicial District of Michigan Western District and Southern Division

18 DISREGARDING TITLES The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement

19 COMPLETE AGREEMENT This Agreement and the attached Addendums to which it refers contain all the terms and conditions agreed upon by the Parties and no other

12

agreements oral or otherwise regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the Parties

20 TERMINATION Notwithstanding any other provision in this Agreement to the contrary this Agreement may be terminated prior to the end of the Agreement term set forth in Section 1 by any of the following means

A By mutual consent of both Parties through an amendment to this Agreement signed by the authorized representatives of both The Municipalities and Life EMS

B By either The Municipalities or Life EMS upon not less than one hundred twenty (120) days prior written notice if after giving notice to the other Party of a default as defined in Section 21 and elsewhere in this Agreement the defaulting Party fails to cure the default within thirty (30) days of receipt of such notice Exercise of such rights or limitation shall not be deemed to be a waiver of any other rights that the terminating Party may have in law or in equity

21 DEFAULT In addition to other grounds for breach or default explicitly referenced elsewhere in this Agreement default can also occur as a result of the following

A Failure to perform the Services required by this Agreement within the time specified herein or any extension thereof

B Failure to comply with any material provision of this Agreement

C Failure to obtain and or maintain insurance of the types and amounts as required in this Agreement

22 SEVERABILITY If any clause or provision of this Agreement is rendered invalid or unenforceable because of any State or Federal statute or regulation or ruling by any tribunal of competent jurisdiction that clause or provision shall be null and void and any such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement Where the deletion of the invalid or unenforceable provision would result in the illegality andor unenforceability of this Agreement this Agreement shall be considered to have terminated as of the date in which the provision was rendered invalid or unenforceable

23 NOTICE All notices shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mail or other comparable mail service postage prepaid addressed to the Party at its address set forth above Notices will be directed to the Administrators for The Municipalities and the President of Life EMS Each Party shall inform the other of who the person(s) is as designated from time to time

13

24 RELATIONSHIP OF PARTIES Nothing in this Agreement shall constitute be construed to be or create a partnership joint venture or lease between Life EMS and the Municipalities The relationship of Life EMS and The Municipalities under this Agreement is as independent contractor

25 MEDIATIONBINDING ARBITRATION In the event a dispute difference or questions shall arise between the Parties touching the construction meaning or effect of this Agreement or the rights or liabilities of the Parties then the Parties will attempt to resolve each dispute difference or question first through mediation consistent with the commercial mediation rules of the American Mediation Association then in effect Such mediation may be initiated by either Party by making a written demand for mediation on the other Party Within thirty (30) days of that demand the Parties shall agree upon a single mediator certified under the rules of the Federal District Court having jurisdiction Any resulting written settlement agreement shall be final and binding upon the Parties and shall be enforceable by the applicable courts having jurisdiction as described below The Parties shall share equally the fee of the mediator

In the event that the Parties cannot agree upon a mediator or in the event that mediation does not fully resolve the matter then each dispute difference or question shall be referred to the arbitration of two different persons one be appointed by each Party If either Party refuses or neglects to appoint an arbitrator within seven (7) days after the other Party has appointed an arbitrator and has served a written notice upol1 the first Party requiring it to make an appointment then the arbitrator appointed shall at the request of the Party appointing him or her proceed to hear and determine the matters in difference as if he or she were an arbitrator appointed by both Parties for that purpose The award or determination which shall be made by the arbitrators or arbitrator shall be final and binding upon the Parties The award shall be made in writing within fourteen (14) days next after the reference to the arbitrators or a later day upon written agreement of the Parties or the arbitrators or arbitrator The general procedure shall conform to the rules of the American Arbitration Association

26 CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT The persons signing on behalf of the Parties to this Agreement certify by their signatures that they are duly authorized to sign this Agreement on behalf of said Parties and that this Agreement has been authorized by said Parties

IN WITNESS WHEREOF the authorized representatives of the Parties have fully signed and entered into this Agreement on the day and year first above written

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 6: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

2

This Paramedic Ambulance Response Agreement (Agreement) is made as of August 1 2020 (the Effective Date) among LIFE EMS INC a Michigan corporation having its principal place of business at 1275 Cedar Street NE Grand Rapids Michigan 49503 (Life EMS) and the municipalities of CLYDE TOWNSHIP a Michigan general law township with offices at 5360 120TH Ave Fennville MI 49408 GANGES TOWNSHIP a Michigan general law township with offices at 1904 64th St Fennville MI 49408 LEE TOWNSHIP a Michigan general law township with offices at 877 56th St Pullman MI 49450 MANLIUS TOWNSHIP a Michigan general law township with offices at 3134 57th St Fennville MI 49408 SAUGATUCK TOWNSHIP a Michigan general law township with offices at 3461 Blue Star Hwy Saugatuck MI 49453 and the CITY OF FENNVILLE a Michigan home rule city with offices at 222 South Maple St Fennville MI 49408 (collectively referred to as the ldquoMunicipalitiesrdquo and Life EMS and the Municipalities sometimes referred to as the ldquoContracting Partiesrdquo)

RECITALS

WHEREAS Life EMS is a corporation engaged in the business of providing ambulance and paramedic medical services licensed by the Michigan Department of Health and Human Services (MDHHS) and is authorized to provide service the Municipalities by t h e A l l e g a n County Medical Control Authority

WHEREAS the Municipalities wish to retain Life EMS to provide ambulance and paramedic response services to the Municipalities their residents and their visitors Other communities may sign onto the terms and conditions of this Agreement if mutually agreeable to the Municipalities and Life EMS

NOW THEREFORE it is agreed by and between the Contracting Parties as follows

A The Parties agree that the availability of ambulance and paramedic emergency medical services is a continuing necessity for the residents of the Municipalities

B The Municipalities may pursuant to MCL 1241 et seq and MCL 124501 et seq enter into contracts with an ambulance company for the provision of ambulance and paramedic response services to its residents As such The Municipalities wish to contract with Life EMS under the terms and conditions of this Agreement

C The Municipalities will direct any and all ambulance subsidies or other monies related to supporting ambulance operations in the Municipalities as identified in Addendum B to Life EMS starting on the effective date

D The Municipalities will support Life EMSs ongoing service growth in surrounding communities and the facilities to attain the revenue necessary to be financially viable

3

TERMS AND CONDITIONS

NOW THEREFORE it is agreed by and between the Parties as follows

1 TERM A The initial term of this Agreement (the Initial Term) shall be commencing on

August 1 2020 and expiring on July 31 2023

B Prior to the end of the Initial Term or any Extension Term (as subsequently defined) this agreement will automatically renew to extend the term of this Agreement for additional two (2) year terms (each an Extension Term) at the fees and subsidies to which The Municipalities and Life EMS agree in writing prior to the beginning of such Extension Term If this option is exercised but compensation cannot be agreed upon this Agreement shall terminate at the end of the then-current Initial Term or Extension Term

C Notwithstanding any other provision in this Agreement to the contrary any Party may terminate this Agreement prior to July 31 2023 or the end of any Extension Term consistent with the terms of Section 20 of this Agreement

D The Parties agree that discussion regarding an increase in the rate of the Annual Service Retention Fee for an Extension Term different than described within this agreement must be initiated by the Parties prior to January 1 of the year in which the Initial Term or any Extension Term will expire

E The Municipalities reserve the right to begin a bid process if the Parties fail to agree on a rate of compensation for an Extension Term by January 1 of the year in which the Initial Term or any Extension Term will expire

2 LIFE EMS SERVICES AND RESPONSIBILITIES Life EMS shall be the exclusive provider of ambulance and paramedic emergency medical response services as an Advanced Life Support Service licensed (the Services) within the service area (the Service Area) The Service Area covered by this agreement will be the geographic boundaries of the Municipalities described and shown in Addendum C Service Area Map For the purposes of this Agreement Advanced Life Support Services shall mean those services defined as advanced life support services or mobile emergency care services under and licensed by the Michigan Department of Health and Human Services (MDHHS) under Part 209 of the Michigan Public Health Code Act 368 of the Public Acts of 1978 as amended MCL

4

33320901 et seq (the Act) and the regulations promulgated under the Act In the interest of protecting the public health and welfare of their residents and to provide for orderly and uniform emergency medical services to their residents The Municipalities will require that any provider of ambulance and paramedic medical service including Life EMS be licensed by the State of Michigan as an Advanced Life Support Service The Services in the Service Area shall include and be in compliance with the following

A The agreed upon services shall be performed by licensed qualified crews The minimum staffing will include one (1) twenty-four (24) hour fully-staffed ambulance seven (7) days a week Each ambulance will be staffed at the level required by the Michigan Department of Health and Human Services (MDHHS) for an ALSparamedic ambulance Life EMS shall also have the capability of providing back-up ambulances to allow for scheduled maintenance and additional coverage for special events Life EMS shall utilize mutual aid for adjoining areas when it deems appropriate Life EMS with the permission of The Municipalities may adjust staffing levels in the future to reflect any increase or decrease in patient transport volume

B Life EMS will prepare and submit statistical reports to The Municipalities on a mutually agreed upon frequency Each report shall contain such information and be in such form as The Municipalities and Life EMS mutually agree upon

C Life EMS shall be responsible to maintain its Service Area equipment and vehicles in a condition sufficient to perform the Services and in keeping with generally accepted practices and standards for the maintenance of such emergency vehicles

D Life EMS will provide ambulance and paramedic support at specific incidents as requested by Police and Fire agencies throughout the Service Area

E Life EMS will provide extensive quality improvement activities for all Allegan County based Life EMS personnel Such quality improvement activities shall include treatment audits and in service training

F Life EMS will assist with chain of survival improvement activities to strive for enhanced patient care

G Life EMS will make available at all times an appropriate number of qualified administrative staff and personnel to allow successful implementation of the EMS systems operational policies in the Service Area

H Life EMS will participate in the promulgation of public education and information on prevention of emergencies including but not limited to (a fee may be associated with some training programs)

(1) EMS service availability including level of service and access

5

(2) CPR and first aid training

(3) General health care issues including early problem recognition

(4) Injury and illness prevention

(5) Immediate recognition of an illness or injury

(6) System access through 911

(7) Appropriate utilization of resources

I Life EMS will maintain adequate and appropriate liability insurance of the types and limits of not less than the insurance requirements set forth in Section 13 of this Agreement Such insurance shall list The Municipalities their elected and appointed officers employees and agents as additional insureds

J Life EMS will maintain a comprehensive communications system that is fully integrated with Allegan County Central Dispatch area Hospitals and other relevant facilities and agencies Life EMS shall ensure its units have the capability to communicate with Allegan County Central Dispatch as well as police fire and rescue units operating within The Municipalities In addition to communication equipment in the ambulance vehicles Life EMS shall also equip the paramedicambulance crews with portable radios for use when they are not in the vehicle

K Life EMS will provide blood pressure checks to anyone who stops at the ambulance bases when the ambulance crews are on site and available

L Life EMS will provide a 24 hour-per-day 365-day-per-year management level person who may be contacted when unique situations arise which require additional support to The Municipalities area operations

M Life EMS will provide detailed maps for all Life EMS personnel performing services under this Agreement and be responsible for any updates and changes Life EMS shall train and educate all personnel it assigns to its Fennville area operation either on a permanent basis or as substitute or as back-ups on the Service Area roadways and possible routes to emergencies

N Life EMS will monitor the driving skills and actions of all Life EMS personnel performing services under this Agreement on a routine basis which shall be at least monthly and assure that such personnel are operating the ambulance in a safe manner at all times

O Life EMS will provide The Municipalities with not less than one hundred twenty (120) days written notice of any significant change in its business structure including any plans

6

to discontinue or substantially alter its business operations change ownership of majority of its shares sell the company or change its name The Municipalities shall have the right to terminate this Agreement with one hundred twenty (120) days written notice if the change impacts the Services provided by Life EMS under this Agreement

P Life EMS shall ensure that all personnel it assigns to provide Services on a permanent basis or as substitutes or as back-ups are familiar with rescue personnel in the area and with their policies which are applicable to the Services being provided under this Agreement

Q Life EMS shall provide a toll free number that will be staffed during normal business hours to be utilized by The Municipalities representatives and residents for resolving billing questions or operational activities

3 THE MUNICIPALITIESrsquoS RESPONSIBILITIES In addition to ensuring that monies related to supporting ambulance operations through the Annual Retention Fee paid to Life EMS the Municipalities shall also be responsible for the following

A To the extent permissible by law The Municipalities shall direct Allegan County Central Dispatch to notify Life EMS in a mutually agreed upon manner for all medical calls that Allegan County Central Dispatch receives at its 911 Central Dispatch Center requesting or requiring ambulance services within The Municipalities

B The Municipalities shall direct Allegan County Central Dispatch Center to not refuse deny or discourage access to Life EMS Ambulance Service for any request for ambulance service within The Municipalities The Municipalities shall not be liable or in breach of this Agreement in the event Allegan County Central Dispatch Center fails to follow such direction

4 COMPENSATION FEES The compensation which Life EMS shall receive for Services shall include the ambulance service fees identified in Addendum A and the Annual Service Retention Fee as described in Addendum B both of which are necessary to support ambulance operations in the Municipalities

5 BILLING Life EMS shall bill individuals for Services consistent with

A All applicable legal standards

B Health plans under which individuals are provided covered benefits which include ambulance and paramedic services and

C The rate schedule set forth in Addendum A and as amended in the future and routinely kept on file with the Municipalities

7

6 FINANCIAL PERFORMANCE DISCLOSURE When requested by The Municipalities Life EMS shall provide financial information that is specific to its servicesoperations in The Municipalities response area

7 RECORD KEEPING AND ACCESS TO RECORDS

A Life EMS shall keep complete and accurate books and records regarding its business operations to Municipalities including without limitation the services rendered and charges made and collected in accordance with generally accepted accounting practices All such books and records shall be open to inspection by the designated representatives of The Municipalities including but not limited to parties under contract with The Municipalities for auditing purposes during regular working hours of 900 am to 500 pm Monday through Friday Refusal to allow The Municipalities representatives access to said records shall constitute a material breach of this Agreement In addition the Municipalities at their own expense shall be entitled to have an audit conducted of such books and records

B All books and records covered by this section shall be maintained for period of not less than six (6) years from the date in which they were originally completed

C Life EMS agrees that if the Secretary of Health and Human Services the Comptroller General of the United States or their duly authorized representatives (hereinafter referred to as the Requesting Parties) at any time within four (4) years of completing the services to be provided under this Agreement request access to Life EMSrsquo books documents and records in accordance with 42 USC sect1395x(v)(1)(1) and the regulations adopted pursuant thereto Life EMS shall provide such access to the Requesting Parties to the extent required by said statute and the regulations promulgated pursuant thereto Furthermore Life EMS agrees that any contract between it and any other organization to which Life EMS is to a significant extent associated or affiliated with owns or is owned by or has control of or is controlled by (hereinafter referred to as the Related Organization) and which performs services on behalf of the Municipalities will contain a clause requiring the Related Organization to similarly make its books documents and records available to the Requesting Parties

D Life EMS shall also maintain all records as required by any state laws rules or regulations applicable to ambulance service providers or due to the sources of funding of the Services under this Agreement as well as the requirements of any health plans or insurers billed by Life EMS

8 MEETINGS The Parties shall maintain ongoing communications and meetings as mutually agreed upon to ensure The Municipalities are informed on Life EMSs

8

performance as it relates to this Agreement The information shall include but not be limited to the Services being provided provisions to improve the ambulance service as well as a review of the business and run data of Life EMS such as number of runs refusals response time statistics and statistics showing which days months and times of day are busiest Life EMS and The Municipalities shall have the right to mutually agree upon an increase or decrease in the amount and content of information to be reviewed at meetings

9 SAFETY Life EMS shall maintain during this Agreement such protective devices as reasonably advisable to attempt to prevent any accidents occurring as a consequence of its personnels work Life EMS shall use safety devices which are approved by the Michigan Department of Health and Human Services Safety and Regulation Bureau of MIOSHA Life EMS shall comply with all of the current laws rules and regulations of the Michigan Occupational Health and Safety Act

10 COMPLIANCE WITH LAWS RULES REGULATION AND LICENSING AND CERTIFICATION REQUIREMENTS Life EMS shall render Services required of it in material compliance with all applicable federal state and local laws ordinances codes rules and regulations and its employees and its subcontractors shall meet a federal state and local license certification and authorization requirements for the types of services required Failure by Life EMS to obtain andor maintain any required license and authorization shall result in the immediate and automatic termination of this Agreement The failure of any of Life EMS personnel to obtain andor maintain any required license and authorization for the Services which they are responsible for providing shall bar such person from providing Services under this Agreement until the license or authorization has been obtained In addition to the licensing certifications and authorization requirements set forth above Life EMS shall obtain and maintain a Commission on Accreditation of Ambulance Services (CAAS) Certificate of Accreditation

11 NONDISCRIMINATION Life EMS as required by law shall not discriminate against a person to be served or against an employee or applicant for employment with respect to hire tenure terms conditions or privileges of employment or a matter directly or indirectly related to employment because of race color religion national origin age sex disability that is unrelated to the individuals ability to perform the duties of a particular job or position height weight or marital status

Life EMS shall adhere to all applicable federal state and local laws ordinances rules and regulations prohibiting discrimination including but not limited to the following

A The Elliott-Larsen Civil Rights Act 1976 PA 453 as amended

B The Persons with Disabilities Civil Rights Act 1976 PA 220 as amended

C Section 504 of the Federal Rehabilitation Act of 1973 PL 93-112 87 Stat

9

355 as amended and regulations promulgated there under

D The Americans with Disabilities Act of 1990 PL 101-336 104 Stat 327 (42 USCA sect12101 et seq) as amended and regulations promulgated there under

Breach of this section shall be regarded as a material breach of this Agreement

12 INDEMNIFICATION AND HOLD HARMLESS Life EMS shall at its own expense protect defend indemnify and hold harmless The Municipalities and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of Life EMS or any of its officers employees or agents which may arise out of this Agreement

The Municipalities shall at their own expense protect defend indemnify and hold harmless Life EMS and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of The Municipalities or any of their officers employees or agents which may arise out of this Agreement

In the event that Life EMS insurance coverages fail to completely fulfill Life EMS indemnification responsibilities under this Agreement Life EMS shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to The Municipalities their officers employees and agents

In the event that The Municipalities insurance coverages fail to completely fulfill The Municipalities indemnification responsibilities under this Agreement The Municipalities shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to Life EMS its officers employees and agents

13 INSURANCE Life EMS shall purchase and maintain insurance not less than the limits set forth below All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan who are acceptable to The Municipalities and have a minimum AM Best Companys Insurance Reports rating of A or A- (Excellent)

A Workers Disability Compensation Insurance inclining Employers Liability Coverage in accordance with all applicable statutes of (the State of Michigan In the event Life

10

EMS uses subcontractors for the performance of services Life EMS shall ensure that said subcontractors carry Workerrsquos Disability Compensation Insurance and Employers Liability Coverage as required by law

B Commercial General Liability Insurance on an lsquoOccurrence Basisrsquo with limits of liability not less than $1000000 per occurrence and $2000000 aggregate combined single limit Personal Injury Bodily Injury and Property Damage Coverage shall include the following 1 Contractual Liability 2 Products and Completed Operations 3 Independent Contractors Coverage 4 Broad Form General Liability Endorsement or Equivalent

C Motor Vehicle Liability Insurance including Michigan No-Fault Coverage with limits of liability of not less than $1000000 per occurrence combined single limit Bodily Injury and Property Damage Coverage shall include all owned vehicles all non-owned vehicles and all hired vehicles

D Medical Professional Liability Insurance covering paramedics emergency medical technicians emergency medical technician specialists and advanced emergency medical technicians in an amount of not less than $100000000 per occurrence and $200000000 aggregate

E Excess Umbrella Liability Coverage covering all of the above stated insurance coverages with a limit of no less than $5000000 per occurrence and aggregate The insurance requirements set forth in B C and D above can be met by combining the coverage afforded in policies providing the required coverage with the excess umbrella liability coverage required herein

F Additional Insured - Commercial General Liability Insurance Motor Vehicle Liability Insurance and Medical Professional Liability Insurance as described above shall include an endorsement stating the following shall be Additional Insureds The Municipalities and their elected and appointed officials employees and agents

G Cancellation Notice - All insurance described above shall include an endorsement stating the following It is understood and agreed that thirty (30) days advanced written notice of cancellation non-renewal reduction andor material change shall be sent to The Municipalitiesrdquo

H Proof of Insurance - Life EMS shall provide The Municipalities at the time this Agreement is returned by it for execution certificate of insurance showing possession of the policies required above If so requested certified copies of ail policies will be furnished

11

I If any of the above coverages expire during the term of the Agreement Life EMS shall deliver renewal certificates andor policies to The Municipalities at least ten (10) days prior to the expiration date

14 WAIVERS

A No failure or delay on the part of either of the Parties to this Agreement in exercising any right power or privilege hereunder shall operate as a waiver thereof nor shall a single or partial exercise of any right power or privilege preclude any other or further exercise of any other right power or privilege

B In no event shall the making by The Municipalities of any payment due to Life EMS constitute or be construed as a waiver by The Municipalities of any breach of a provision of this Agreement or any default which may then exist on the part of Life EMS and the making of any such payment by The Municipalities while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to The Municipalities in respect to such breach or default

15 AMENDMENT OR MODIFICATION All modifications amendments or waivers of any provisions of this Agreement or the Services to be performed hereunder shall be made only by the written mutual consent of the Parties

16 ASSIGNMENT OR SUBCONTRACTING No Party shall assign subcontract or otherwise transfer its duties andor obligations under this Agreement without the prior written consent of The Municipalities

17 APPLICABLE LAW AND VENUE This Agreement shall be construed according to the laws of the State of Michigan In the event any actions arising under this Agreement are brought by or against The Municipalities then The Municipalities and Life EMS acknowledge and agree that the venue for such actions shall be established in accordance with the statutes of the State of Michigan andor Michigan Court Rules In the event that any action is brought under this Agreement in Federal Court the venue for such action shall be the Federal Judicial District of Michigan Western District and Southern Division

18 DISREGARDING TITLES The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement

19 COMPLETE AGREEMENT This Agreement and the attached Addendums to which it refers contain all the terms and conditions agreed upon by the Parties and no other

12

agreements oral or otherwise regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the Parties

20 TERMINATION Notwithstanding any other provision in this Agreement to the contrary this Agreement may be terminated prior to the end of the Agreement term set forth in Section 1 by any of the following means

A By mutual consent of both Parties through an amendment to this Agreement signed by the authorized representatives of both The Municipalities and Life EMS

B By either The Municipalities or Life EMS upon not less than one hundred twenty (120) days prior written notice if after giving notice to the other Party of a default as defined in Section 21 and elsewhere in this Agreement the defaulting Party fails to cure the default within thirty (30) days of receipt of such notice Exercise of such rights or limitation shall not be deemed to be a waiver of any other rights that the terminating Party may have in law or in equity

21 DEFAULT In addition to other grounds for breach or default explicitly referenced elsewhere in this Agreement default can also occur as a result of the following

A Failure to perform the Services required by this Agreement within the time specified herein or any extension thereof

B Failure to comply with any material provision of this Agreement

C Failure to obtain and or maintain insurance of the types and amounts as required in this Agreement

22 SEVERABILITY If any clause or provision of this Agreement is rendered invalid or unenforceable because of any State or Federal statute or regulation or ruling by any tribunal of competent jurisdiction that clause or provision shall be null and void and any such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement Where the deletion of the invalid or unenforceable provision would result in the illegality andor unenforceability of this Agreement this Agreement shall be considered to have terminated as of the date in which the provision was rendered invalid or unenforceable

23 NOTICE All notices shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mail or other comparable mail service postage prepaid addressed to the Party at its address set forth above Notices will be directed to the Administrators for The Municipalities and the President of Life EMS Each Party shall inform the other of who the person(s) is as designated from time to time

13

24 RELATIONSHIP OF PARTIES Nothing in this Agreement shall constitute be construed to be or create a partnership joint venture or lease between Life EMS and the Municipalities The relationship of Life EMS and The Municipalities under this Agreement is as independent contractor

25 MEDIATIONBINDING ARBITRATION In the event a dispute difference or questions shall arise between the Parties touching the construction meaning or effect of this Agreement or the rights or liabilities of the Parties then the Parties will attempt to resolve each dispute difference or question first through mediation consistent with the commercial mediation rules of the American Mediation Association then in effect Such mediation may be initiated by either Party by making a written demand for mediation on the other Party Within thirty (30) days of that demand the Parties shall agree upon a single mediator certified under the rules of the Federal District Court having jurisdiction Any resulting written settlement agreement shall be final and binding upon the Parties and shall be enforceable by the applicable courts having jurisdiction as described below The Parties shall share equally the fee of the mediator

In the event that the Parties cannot agree upon a mediator or in the event that mediation does not fully resolve the matter then each dispute difference or question shall be referred to the arbitration of two different persons one be appointed by each Party If either Party refuses or neglects to appoint an arbitrator within seven (7) days after the other Party has appointed an arbitrator and has served a written notice upol1 the first Party requiring it to make an appointment then the arbitrator appointed shall at the request of the Party appointing him or her proceed to hear and determine the matters in difference as if he or she were an arbitrator appointed by both Parties for that purpose The award or determination which shall be made by the arbitrators or arbitrator shall be final and binding upon the Parties The award shall be made in writing within fourteen (14) days next after the reference to the arbitrators or a later day upon written agreement of the Parties or the arbitrators or arbitrator The general procedure shall conform to the rules of the American Arbitration Association

26 CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT The persons signing on behalf of the Parties to this Agreement certify by their signatures that they are duly authorized to sign this Agreement on behalf of said Parties and that this Agreement has been authorized by said Parties

IN WITNESS WHEREOF the authorized representatives of the Parties have fully signed and entered into this Agreement on the day and year first above written

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 7: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

3

TERMS AND CONDITIONS

NOW THEREFORE it is agreed by and between the Parties as follows

1 TERM A The initial term of this Agreement (the Initial Term) shall be commencing on

August 1 2020 and expiring on July 31 2023

B Prior to the end of the Initial Term or any Extension Term (as subsequently defined) this agreement will automatically renew to extend the term of this Agreement for additional two (2) year terms (each an Extension Term) at the fees and subsidies to which The Municipalities and Life EMS agree in writing prior to the beginning of such Extension Term If this option is exercised but compensation cannot be agreed upon this Agreement shall terminate at the end of the then-current Initial Term or Extension Term

C Notwithstanding any other provision in this Agreement to the contrary any Party may terminate this Agreement prior to July 31 2023 or the end of any Extension Term consistent with the terms of Section 20 of this Agreement

D The Parties agree that discussion regarding an increase in the rate of the Annual Service Retention Fee for an Extension Term different than described within this agreement must be initiated by the Parties prior to January 1 of the year in which the Initial Term or any Extension Term will expire

E The Municipalities reserve the right to begin a bid process if the Parties fail to agree on a rate of compensation for an Extension Term by January 1 of the year in which the Initial Term or any Extension Term will expire

2 LIFE EMS SERVICES AND RESPONSIBILITIES Life EMS shall be the exclusive provider of ambulance and paramedic emergency medical response services as an Advanced Life Support Service licensed (the Services) within the service area (the Service Area) The Service Area covered by this agreement will be the geographic boundaries of the Municipalities described and shown in Addendum C Service Area Map For the purposes of this Agreement Advanced Life Support Services shall mean those services defined as advanced life support services or mobile emergency care services under and licensed by the Michigan Department of Health and Human Services (MDHHS) under Part 209 of the Michigan Public Health Code Act 368 of the Public Acts of 1978 as amended MCL

4

33320901 et seq (the Act) and the regulations promulgated under the Act In the interest of protecting the public health and welfare of their residents and to provide for orderly and uniform emergency medical services to their residents The Municipalities will require that any provider of ambulance and paramedic medical service including Life EMS be licensed by the State of Michigan as an Advanced Life Support Service The Services in the Service Area shall include and be in compliance with the following

A The agreed upon services shall be performed by licensed qualified crews The minimum staffing will include one (1) twenty-four (24) hour fully-staffed ambulance seven (7) days a week Each ambulance will be staffed at the level required by the Michigan Department of Health and Human Services (MDHHS) for an ALSparamedic ambulance Life EMS shall also have the capability of providing back-up ambulances to allow for scheduled maintenance and additional coverage for special events Life EMS shall utilize mutual aid for adjoining areas when it deems appropriate Life EMS with the permission of The Municipalities may adjust staffing levels in the future to reflect any increase or decrease in patient transport volume

B Life EMS will prepare and submit statistical reports to The Municipalities on a mutually agreed upon frequency Each report shall contain such information and be in such form as The Municipalities and Life EMS mutually agree upon

C Life EMS shall be responsible to maintain its Service Area equipment and vehicles in a condition sufficient to perform the Services and in keeping with generally accepted practices and standards for the maintenance of such emergency vehicles

D Life EMS will provide ambulance and paramedic support at specific incidents as requested by Police and Fire agencies throughout the Service Area

E Life EMS will provide extensive quality improvement activities for all Allegan County based Life EMS personnel Such quality improvement activities shall include treatment audits and in service training

F Life EMS will assist with chain of survival improvement activities to strive for enhanced patient care

G Life EMS will make available at all times an appropriate number of qualified administrative staff and personnel to allow successful implementation of the EMS systems operational policies in the Service Area

H Life EMS will participate in the promulgation of public education and information on prevention of emergencies including but not limited to (a fee may be associated with some training programs)

(1) EMS service availability including level of service and access

5

(2) CPR and first aid training

(3) General health care issues including early problem recognition

(4) Injury and illness prevention

(5) Immediate recognition of an illness or injury

(6) System access through 911

(7) Appropriate utilization of resources

I Life EMS will maintain adequate and appropriate liability insurance of the types and limits of not less than the insurance requirements set forth in Section 13 of this Agreement Such insurance shall list The Municipalities their elected and appointed officers employees and agents as additional insureds

J Life EMS will maintain a comprehensive communications system that is fully integrated with Allegan County Central Dispatch area Hospitals and other relevant facilities and agencies Life EMS shall ensure its units have the capability to communicate with Allegan County Central Dispatch as well as police fire and rescue units operating within The Municipalities In addition to communication equipment in the ambulance vehicles Life EMS shall also equip the paramedicambulance crews with portable radios for use when they are not in the vehicle

K Life EMS will provide blood pressure checks to anyone who stops at the ambulance bases when the ambulance crews are on site and available

L Life EMS will provide a 24 hour-per-day 365-day-per-year management level person who may be contacted when unique situations arise which require additional support to The Municipalities area operations

M Life EMS will provide detailed maps for all Life EMS personnel performing services under this Agreement and be responsible for any updates and changes Life EMS shall train and educate all personnel it assigns to its Fennville area operation either on a permanent basis or as substitute or as back-ups on the Service Area roadways and possible routes to emergencies

N Life EMS will monitor the driving skills and actions of all Life EMS personnel performing services under this Agreement on a routine basis which shall be at least monthly and assure that such personnel are operating the ambulance in a safe manner at all times

O Life EMS will provide The Municipalities with not less than one hundred twenty (120) days written notice of any significant change in its business structure including any plans

6

to discontinue or substantially alter its business operations change ownership of majority of its shares sell the company or change its name The Municipalities shall have the right to terminate this Agreement with one hundred twenty (120) days written notice if the change impacts the Services provided by Life EMS under this Agreement

P Life EMS shall ensure that all personnel it assigns to provide Services on a permanent basis or as substitutes or as back-ups are familiar with rescue personnel in the area and with their policies which are applicable to the Services being provided under this Agreement

Q Life EMS shall provide a toll free number that will be staffed during normal business hours to be utilized by The Municipalities representatives and residents for resolving billing questions or operational activities

3 THE MUNICIPALITIESrsquoS RESPONSIBILITIES In addition to ensuring that monies related to supporting ambulance operations through the Annual Retention Fee paid to Life EMS the Municipalities shall also be responsible for the following

A To the extent permissible by law The Municipalities shall direct Allegan County Central Dispatch to notify Life EMS in a mutually agreed upon manner for all medical calls that Allegan County Central Dispatch receives at its 911 Central Dispatch Center requesting or requiring ambulance services within The Municipalities

B The Municipalities shall direct Allegan County Central Dispatch Center to not refuse deny or discourage access to Life EMS Ambulance Service for any request for ambulance service within The Municipalities The Municipalities shall not be liable or in breach of this Agreement in the event Allegan County Central Dispatch Center fails to follow such direction

4 COMPENSATION FEES The compensation which Life EMS shall receive for Services shall include the ambulance service fees identified in Addendum A and the Annual Service Retention Fee as described in Addendum B both of which are necessary to support ambulance operations in the Municipalities

5 BILLING Life EMS shall bill individuals for Services consistent with

A All applicable legal standards

B Health plans under which individuals are provided covered benefits which include ambulance and paramedic services and

C The rate schedule set forth in Addendum A and as amended in the future and routinely kept on file with the Municipalities

7

6 FINANCIAL PERFORMANCE DISCLOSURE When requested by The Municipalities Life EMS shall provide financial information that is specific to its servicesoperations in The Municipalities response area

7 RECORD KEEPING AND ACCESS TO RECORDS

A Life EMS shall keep complete and accurate books and records regarding its business operations to Municipalities including without limitation the services rendered and charges made and collected in accordance with generally accepted accounting practices All such books and records shall be open to inspection by the designated representatives of The Municipalities including but not limited to parties under contract with The Municipalities for auditing purposes during regular working hours of 900 am to 500 pm Monday through Friday Refusal to allow The Municipalities representatives access to said records shall constitute a material breach of this Agreement In addition the Municipalities at their own expense shall be entitled to have an audit conducted of such books and records

B All books and records covered by this section shall be maintained for period of not less than six (6) years from the date in which they were originally completed

C Life EMS agrees that if the Secretary of Health and Human Services the Comptroller General of the United States or their duly authorized representatives (hereinafter referred to as the Requesting Parties) at any time within four (4) years of completing the services to be provided under this Agreement request access to Life EMSrsquo books documents and records in accordance with 42 USC sect1395x(v)(1)(1) and the regulations adopted pursuant thereto Life EMS shall provide such access to the Requesting Parties to the extent required by said statute and the regulations promulgated pursuant thereto Furthermore Life EMS agrees that any contract between it and any other organization to which Life EMS is to a significant extent associated or affiliated with owns or is owned by or has control of or is controlled by (hereinafter referred to as the Related Organization) and which performs services on behalf of the Municipalities will contain a clause requiring the Related Organization to similarly make its books documents and records available to the Requesting Parties

D Life EMS shall also maintain all records as required by any state laws rules or regulations applicable to ambulance service providers or due to the sources of funding of the Services under this Agreement as well as the requirements of any health plans or insurers billed by Life EMS

8 MEETINGS The Parties shall maintain ongoing communications and meetings as mutually agreed upon to ensure The Municipalities are informed on Life EMSs

8

performance as it relates to this Agreement The information shall include but not be limited to the Services being provided provisions to improve the ambulance service as well as a review of the business and run data of Life EMS such as number of runs refusals response time statistics and statistics showing which days months and times of day are busiest Life EMS and The Municipalities shall have the right to mutually agree upon an increase or decrease in the amount and content of information to be reviewed at meetings

9 SAFETY Life EMS shall maintain during this Agreement such protective devices as reasonably advisable to attempt to prevent any accidents occurring as a consequence of its personnels work Life EMS shall use safety devices which are approved by the Michigan Department of Health and Human Services Safety and Regulation Bureau of MIOSHA Life EMS shall comply with all of the current laws rules and regulations of the Michigan Occupational Health and Safety Act

10 COMPLIANCE WITH LAWS RULES REGULATION AND LICENSING AND CERTIFICATION REQUIREMENTS Life EMS shall render Services required of it in material compliance with all applicable federal state and local laws ordinances codes rules and regulations and its employees and its subcontractors shall meet a federal state and local license certification and authorization requirements for the types of services required Failure by Life EMS to obtain andor maintain any required license and authorization shall result in the immediate and automatic termination of this Agreement The failure of any of Life EMS personnel to obtain andor maintain any required license and authorization for the Services which they are responsible for providing shall bar such person from providing Services under this Agreement until the license or authorization has been obtained In addition to the licensing certifications and authorization requirements set forth above Life EMS shall obtain and maintain a Commission on Accreditation of Ambulance Services (CAAS) Certificate of Accreditation

11 NONDISCRIMINATION Life EMS as required by law shall not discriminate against a person to be served or against an employee or applicant for employment with respect to hire tenure terms conditions or privileges of employment or a matter directly or indirectly related to employment because of race color religion national origin age sex disability that is unrelated to the individuals ability to perform the duties of a particular job or position height weight or marital status

Life EMS shall adhere to all applicable federal state and local laws ordinances rules and regulations prohibiting discrimination including but not limited to the following

A The Elliott-Larsen Civil Rights Act 1976 PA 453 as amended

B The Persons with Disabilities Civil Rights Act 1976 PA 220 as amended

C Section 504 of the Federal Rehabilitation Act of 1973 PL 93-112 87 Stat

9

355 as amended and regulations promulgated there under

D The Americans with Disabilities Act of 1990 PL 101-336 104 Stat 327 (42 USCA sect12101 et seq) as amended and regulations promulgated there under

Breach of this section shall be regarded as a material breach of this Agreement

12 INDEMNIFICATION AND HOLD HARMLESS Life EMS shall at its own expense protect defend indemnify and hold harmless The Municipalities and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of Life EMS or any of its officers employees or agents which may arise out of this Agreement

The Municipalities shall at their own expense protect defend indemnify and hold harmless Life EMS and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of The Municipalities or any of their officers employees or agents which may arise out of this Agreement

In the event that Life EMS insurance coverages fail to completely fulfill Life EMS indemnification responsibilities under this Agreement Life EMS shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to The Municipalities their officers employees and agents

In the event that The Municipalities insurance coverages fail to completely fulfill The Municipalities indemnification responsibilities under this Agreement The Municipalities shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to Life EMS its officers employees and agents

13 INSURANCE Life EMS shall purchase and maintain insurance not less than the limits set forth below All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan who are acceptable to The Municipalities and have a minimum AM Best Companys Insurance Reports rating of A or A- (Excellent)

A Workers Disability Compensation Insurance inclining Employers Liability Coverage in accordance with all applicable statutes of (the State of Michigan In the event Life

10

EMS uses subcontractors for the performance of services Life EMS shall ensure that said subcontractors carry Workerrsquos Disability Compensation Insurance and Employers Liability Coverage as required by law

B Commercial General Liability Insurance on an lsquoOccurrence Basisrsquo with limits of liability not less than $1000000 per occurrence and $2000000 aggregate combined single limit Personal Injury Bodily Injury and Property Damage Coverage shall include the following 1 Contractual Liability 2 Products and Completed Operations 3 Independent Contractors Coverage 4 Broad Form General Liability Endorsement or Equivalent

C Motor Vehicle Liability Insurance including Michigan No-Fault Coverage with limits of liability of not less than $1000000 per occurrence combined single limit Bodily Injury and Property Damage Coverage shall include all owned vehicles all non-owned vehicles and all hired vehicles

D Medical Professional Liability Insurance covering paramedics emergency medical technicians emergency medical technician specialists and advanced emergency medical technicians in an amount of not less than $100000000 per occurrence and $200000000 aggregate

E Excess Umbrella Liability Coverage covering all of the above stated insurance coverages with a limit of no less than $5000000 per occurrence and aggregate The insurance requirements set forth in B C and D above can be met by combining the coverage afforded in policies providing the required coverage with the excess umbrella liability coverage required herein

F Additional Insured - Commercial General Liability Insurance Motor Vehicle Liability Insurance and Medical Professional Liability Insurance as described above shall include an endorsement stating the following shall be Additional Insureds The Municipalities and their elected and appointed officials employees and agents

G Cancellation Notice - All insurance described above shall include an endorsement stating the following It is understood and agreed that thirty (30) days advanced written notice of cancellation non-renewal reduction andor material change shall be sent to The Municipalitiesrdquo

H Proof of Insurance - Life EMS shall provide The Municipalities at the time this Agreement is returned by it for execution certificate of insurance showing possession of the policies required above If so requested certified copies of ail policies will be furnished

11

I If any of the above coverages expire during the term of the Agreement Life EMS shall deliver renewal certificates andor policies to The Municipalities at least ten (10) days prior to the expiration date

14 WAIVERS

A No failure or delay on the part of either of the Parties to this Agreement in exercising any right power or privilege hereunder shall operate as a waiver thereof nor shall a single or partial exercise of any right power or privilege preclude any other or further exercise of any other right power or privilege

B In no event shall the making by The Municipalities of any payment due to Life EMS constitute or be construed as a waiver by The Municipalities of any breach of a provision of this Agreement or any default which may then exist on the part of Life EMS and the making of any such payment by The Municipalities while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to The Municipalities in respect to such breach or default

15 AMENDMENT OR MODIFICATION All modifications amendments or waivers of any provisions of this Agreement or the Services to be performed hereunder shall be made only by the written mutual consent of the Parties

16 ASSIGNMENT OR SUBCONTRACTING No Party shall assign subcontract or otherwise transfer its duties andor obligations under this Agreement without the prior written consent of The Municipalities

17 APPLICABLE LAW AND VENUE This Agreement shall be construed according to the laws of the State of Michigan In the event any actions arising under this Agreement are brought by or against The Municipalities then The Municipalities and Life EMS acknowledge and agree that the venue for such actions shall be established in accordance with the statutes of the State of Michigan andor Michigan Court Rules In the event that any action is brought under this Agreement in Federal Court the venue for such action shall be the Federal Judicial District of Michigan Western District and Southern Division

18 DISREGARDING TITLES The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement

19 COMPLETE AGREEMENT This Agreement and the attached Addendums to which it refers contain all the terms and conditions agreed upon by the Parties and no other

12

agreements oral or otherwise regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the Parties

20 TERMINATION Notwithstanding any other provision in this Agreement to the contrary this Agreement may be terminated prior to the end of the Agreement term set forth in Section 1 by any of the following means

A By mutual consent of both Parties through an amendment to this Agreement signed by the authorized representatives of both The Municipalities and Life EMS

B By either The Municipalities or Life EMS upon not less than one hundred twenty (120) days prior written notice if after giving notice to the other Party of a default as defined in Section 21 and elsewhere in this Agreement the defaulting Party fails to cure the default within thirty (30) days of receipt of such notice Exercise of such rights or limitation shall not be deemed to be a waiver of any other rights that the terminating Party may have in law or in equity

21 DEFAULT In addition to other grounds for breach or default explicitly referenced elsewhere in this Agreement default can also occur as a result of the following

A Failure to perform the Services required by this Agreement within the time specified herein or any extension thereof

B Failure to comply with any material provision of this Agreement

C Failure to obtain and or maintain insurance of the types and amounts as required in this Agreement

22 SEVERABILITY If any clause or provision of this Agreement is rendered invalid or unenforceable because of any State or Federal statute or regulation or ruling by any tribunal of competent jurisdiction that clause or provision shall be null and void and any such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement Where the deletion of the invalid or unenforceable provision would result in the illegality andor unenforceability of this Agreement this Agreement shall be considered to have terminated as of the date in which the provision was rendered invalid or unenforceable

23 NOTICE All notices shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mail or other comparable mail service postage prepaid addressed to the Party at its address set forth above Notices will be directed to the Administrators for The Municipalities and the President of Life EMS Each Party shall inform the other of who the person(s) is as designated from time to time

13

24 RELATIONSHIP OF PARTIES Nothing in this Agreement shall constitute be construed to be or create a partnership joint venture or lease between Life EMS and the Municipalities The relationship of Life EMS and The Municipalities under this Agreement is as independent contractor

25 MEDIATIONBINDING ARBITRATION In the event a dispute difference or questions shall arise between the Parties touching the construction meaning or effect of this Agreement or the rights or liabilities of the Parties then the Parties will attempt to resolve each dispute difference or question first through mediation consistent with the commercial mediation rules of the American Mediation Association then in effect Such mediation may be initiated by either Party by making a written demand for mediation on the other Party Within thirty (30) days of that demand the Parties shall agree upon a single mediator certified under the rules of the Federal District Court having jurisdiction Any resulting written settlement agreement shall be final and binding upon the Parties and shall be enforceable by the applicable courts having jurisdiction as described below The Parties shall share equally the fee of the mediator

In the event that the Parties cannot agree upon a mediator or in the event that mediation does not fully resolve the matter then each dispute difference or question shall be referred to the arbitration of two different persons one be appointed by each Party If either Party refuses or neglects to appoint an arbitrator within seven (7) days after the other Party has appointed an arbitrator and has served a written notice upol1 the first Party requiring it to make an appointment then the arbitrator appointed shall at the request of the Party appointing him or her proceed to hear and determine the matters in difference as if he or she were an arbitrator appointed by both Parties for that purpose The award or determination which shall be made by the arbitrators or arbitrator shall be final and binding upon the Parties The award shall be made in writing within fourteen (14) days next after the reference to the arbitrators or a later day upon written agreement of the Parties or the arbitrators or arbitrator The general procedure shall conform to the rules of the American Arbitration Association

26 CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT The persons signing on behalf of the Parties to this Agreement certify by their signatures that they are duly authorized to sign this Agreement on behalf of said Parties and that this Agreement has been authorized by said Parties

IN WITNESS WHEREOF the authorized representatives of the Parties have fully signed and entered into this Agreement on the day and year first above written

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 8: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

4

33320901 et seq (the Act) and the regulations promulgated under the Act In the interest of protecting the public health and welfare of their residents and to provide for orderly and uniform emergency medical services to their residents The Municipalities will require that any provider of ambulance and paramedic medical service including Life EMS be licensed by the State of Michigan as an Advanced Life Support Service The Services in the Service Area shall include and be in compliance with the following

A The agreed upon services shall be performed by licensed qualified crews The minimum staffing will include one (1) twenty-four (24) hour fully-staffed ambulance seven (7) days a week Each ambulance will be staffed at the level required by the Michigan Department of Health and Human Services (MDHHS) for an ALSparamedic ambulance Life EMS shall also have the capability of providing back-up ambulances to allow for scheduled maintenance and additional coverage for special events Life EMS shall utilize mutual aid for adjoining areas when it deems appropriate Life EMS with the permission of The Municipalities may adjust staffing levels in the future to reflect any increase or decrease in patient transport volume

B Life EMS will prepare and submit statistical reports to The Municipalities on a mutually agreed upon frequency Each report shall contain such information and be in such form as The Municipalities and Life EMS mutually agree upon

C Life EMS shall be responsible to maintain its Service Area equipment and vehicles in a condition sufficient to perform the Services and in keeping with generally accepted practices and standards for the maintenance of such emergency vehicles

D Life EMS will provide ambulance and paramedic support at specific incidents as requested by Police and Fire agencies throughout the Service Area

E Life EMS will provide extensive quality improvement activities for all Allegan County based Life EMS personnel Such quality improvement activities shall include treatment audits and in service training

F Life EMS will assist with chain of survival improvement activities to strive for enhanced patient care

G Life EMS will make available at all times an appropriate number of qualified administrative staff and personnel to allow successful implementation of the EMS systems operational policies in the Service Area

H Life EMS will participate in the promulgation of public education and information on prevention of emergencies including but not limited to (a fee may be associated with some training programs)

(1) EMS service availability including level of service and access

5

(2) CPR and first aid training

(3) General health care issues including early problem recognition

(4) Injury and illness prevention

(5) Immediate recognition of an illness or injury

(6) System access through 911

(7) Appropriate utilization of resources

I Life EMS will maintain adequate and appropriate liability insurance of the types and limits of not less than the insurance requirements set forth in Section 13 of this Agreement Such insurance shall list The Municipalities their elected and appointed officers employees and agents as additional insureds

J Life EMS will maintain a comprehensive communications system that is fully integrated with Allegan County Central Dispatch area Hospitals and other relevant facilities and agencies Life EMS shall ensure its units have the capability to communicate with Allegan County Central Dispatch as well as police fire and rescue units operating within The Municipalities In addition to communication equipment in the ambulance vehicles Life EMS shall also equip the paramedicambulance crews with portable radios for use when they are not in the vehicle

K Life EMS will provide blood pressure checks to anyone who stops at the ambulance bases when the ambulance crews are on site and available

L Life EMS will provide a 24 hour-per-day 365-day-per-year management level person who may be contacted when unique situations arise which require additional support to The Municipalities area operations

M Life EMS will provide detailed maps for all Life EMS personnel performing services under this Agreement and be responsible for any updates and changes Life EMS shall train and educate all personnel it assigns to its Fennville area operation either on a permanent basis or as substitute or as back-ups on the Service Area roadways and possible routes to emergencies

N Life EMS will monitor the driving skills and actions of all Life EMS personnel performing services under this Agreement on a routine basis which shall be at least monthly and assure that such personnel are operating the ambulance in a safe manner at all times

O Life EMS will provide The Municipalities with not less than one hundred twenty (120) days written notice of any significant change in its business structure including any plans

6

to discontinue or substantially alter its business operations change ownership of majority of its shares sell the company or change its name The Municipalities shall have the right to terminate this Agreement with one hundred twenty (120) days written notice if the change impacts the Services provided by Life EMS under this Agreement

P Life EMS shall ensure that all personnel it assigns to provide Services on a permanent basis or as substitutes or as back-ups are familiar with rescue personnel in the area and with their policies which are applicable to the Services being provided under this Agreement

Q Life EMS shall provide a toll free number that will be staffed during normal business hours to be utilized by The Municipalities representatives and residents for resolving billing questions or operational activities

3 THE MUNICIPALITIESrsquoS RESPONSIBILITIES In addition to ensuring that monies related to supporting ambulance operations through the Annual Retention Fee paid to Life EMS the Municipalities shall also be responsible for the following

A To the extent permissible by law The Municipalities shall direct Allegan County Central Dispatch to notify Life EMS in a mutually agreed upon manner for all medical calls that Allegan County Central Dispatch receives at its 911 Central Dispatch Center requesting or requiring ambulance services within The Municipalities

B The Municipalities shall direct Allegan County Central Dispatch Center to not refuse deny or discourage access to Life EMS Ambulance Service for any request for ambulance service within The Municipalities The Municipalities shall not be liable or in breach of this Agreement in the event Allegan County Central Dispatch Center fails to follow such direction

4 COMPENSATION FEES The compensation which Life EMS shall receive for Services shall include the ambulance service fees identified in Addendum A and the Annual Service Retention Fee as described in Addendum B both of which are necessary to support ambulance operations in the Municipalities

5 BILLING Life EMS shall bill individuals for Services consistent with

A All applicable legal standards

B Health plans under which individuals are provided covered benefits which include ambulance and paramedic services and

C The rate schedule set forth in Addendum A and as amended in the future and routinely kept on file with the Municipalities

7

6 FINANCIAL PERFORMANCE DISCLOSURE When requested by The Municipalities Life EMS shall provide financial information that is specific to its servicesoperations in The Municipalities response area

7 RECORD KEEPING AND ACCESS TO RECORDS

A Life EMS shall keep complete and accurate books and records regarding its business operations to Municipalities including without limitation the services rendered and charges made and collected in accordance with generally accepted accounting practices All such books and records shall be open to inspection by the designated representatives of The Municipalities including but not limited to parties under contract with The Municipalities for auditing purposes during regular working hours of 900 am to 500 pm Monday through Friday Refusal to allow The Municipalities representatives access to said records shall constitute a material breach of this Agreement In addition the Municipalities at their own expense shall be entitled to have an audit conducted of such books and records

B All books and records covered by this section shall be maintained for period of not less than six (6) years from the date in which they were originally completed

C Life EMS agrees that if the Secretary of Health and Human Services the Comptroller General of the United States or their duly authorized representatives (hereinafter referred to as the Requesting Parties) at any time within four (4) years of completing the services to be provided under this Agreement request access to Life EMSrsquo books documents and records in accordance with 42 USC sect1395x(v)(1)(1) and the regulations adopted pursuant thereto Life EMS shall provide such access to the Requesting Parties to the extent required by said statute and the regulations promulgated pursuant thereto Furthermore Life EMS agrees that any contract between it and any other organization to which Life EMS is to a significant extent associated or affiliated with owns or is owned by or has control of or is controlled by (hereinafter referred to as the Related Organization) and which performs services on behalf of the Municipalities will contain a clause requiring the Related Organization to similarly make its books documents and records available to the Requesting Parties

D Life EMS shall also maintain all records as required by any state laws rules or regulations applicable to ambulance service providers or due to the sources of funding of the Services under this Agreement as well as the requirements of any health plans or insurers billed by Life EMS

8 MEETINGS The Parties shall maintain ongoing communications and meetings as mutually agreed upon to ensure The Municipalities are informed on Life EMSs

8

performance as it relates to this Agreement The information shall include but not be limited to the Services being provided provisions to improve the ambulance service as well as a review of the business and run data of Life EMS such as number of runs refusals response time statistics and statistics showing which days months and times of day are busiest Life EMS and The Municipalities shall have the right to mutually agree upon an increase or decrease in the amount and content of information to be reviewed at meetings

9 SAFETY Life EMS shall maintain during this Agreement such protective devices as reasonably advisable to attempt to prevent any accidents occurring as a consequence of its personnels work Life EMS shall use safety devices which are approved by the Michigan Department of Health and Human Services Safety and Regulation Bureau of MIOSHA Life EMS shall comply with all of the current laws rules and regulations of the Michigan Occupational Health and Safety Act

10 COMPLIANCE WITH LAWS RULES REGULATION AND LICENSING AND CERTIFICATION REQUIREMENTS Life EMS shall render Services required of it in material compliance with all applicable federal state and local laws ordinances codes rules and regulations and its employees and its subcontractors shall meet a federal state and local license certification and authorization requirements for the types of services required Failure by Life EMS to obtain andor maintain any required license and authorization shall result in the immediate and automatic termination of this Agreement The failure of any of Life EMS personnel to obtain andor maintain any required license and authorization for the Services which they are responsible for providing shall bar such person from providing Services under this Agreement until the license or authorization has been obtained In addition to the licensing certifications and authorization requirements set forth above Life EMS shall obtain and maintain a Commission on Accreditation of Ambulance Services (CAAS) Certificate of Accreditation

11 NONDISCRIMINATION Life EMS as required by law shall not discriminate against a person to be served or against an employee or applicant for employment with respect to hire tenure terms conditions or privileges of employment or a matter directly or indirectly related to employment because of race color religion national origin age sex disability that is unrelated to the individuals ability to perform the duties of a particular job or position height weight or marital status

Life EMS shall adhere to all applicable federal state and local laws ordinances rules and regulations prohibiting discrimination including but not limited to the following

A The Elliott-Larsen Civil Rights Act 1976 PA 453 as amended

B The Persons with Disabilities Civil Rights Act 1976 PA 220 as amended

C Section 504 of the Federal Rehabilitation Act of 1973 PL 93-112 87 Stat

9

355 as amended and regulations promulgated there under

D The Americans with Disabilities Act of 1990 PL 101-336 104 Stat 327 (42 USCA sect12101 et seq) as amended and regulations promulgated there under

Breach of this section shall be regarded as a material breach of this Agreement

12 INDEMNIFICATION AND HOLD HARMLESS Life EMS shall at its own expense protect defend indemnify and hold harmless The Municipalities and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of Life EMS or any of its officers employees or agents which may arise out of this Agreement

The Municipalities shall at their own expense protect defend indemnify and hold harmless Life EMS and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of The Municipalities or any of their officers employees or agents which may arise out of this Agreement

In the event that Life EMS insurance coverages fail to completely fulfill Life EMS indemnification responsibilities under this Agreement Life EMS shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to The Municipalities their officers employees and agents

In the event that The Municipalities insurance coverages fail to completely fulfill The Municipalities indemnification responsibilities under this Agreement The Municipalities shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to Life EMS its officers employees and agents

13 INSURANCE Life EMS shall purchase and maintain insurance not less than the limits set forth below All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan who are acceptable to The Municipalities and have a minimum AM Best Companys Insurance Reports rating of A or A- (Excellent)

A Workers Disability Compensation Insurance inclining Employers Liability Coverage in accordance with all applicable statutes of (the State of Michigan In the event Life

10

EMS uses subcontractors for the performance of services Life EMS shall ensure that said subcontractors carry Workerrsquos Disability Compensation Insurance and Employers Liability Coverage as required by law

B Commercial General Liability Insurance on an lsquoOccurrence Basisrsquo with limits of liability not less than $1000000 per occurrence and $2000000 aggregate combined single limit Personal Injury Bodily Injury and Property Damage Coverage shall include the following 1 Contractual Liability 2 Products and Completed Operations 3 Independent Contractors Coverage 4 Broad Form General Liability Endorsement or Equivalent

C Motor Vehicle Liability Insurance including Michigan No-Fault Coverage with limits of liability of not less than $1000000 per occurrence combined single limit Bodily Injury and Property Damage Coverage shall include all owned vehicles all non-owned vehicles and all hired vehicles

D Medical Professional Liability Insurance covering paramedics emergency medical technicians emergency medical technician specialists and advanced emergency medical technicians in an amount of not less than $100000000 per occurrence and $200000000 aggregate

E Excess Umbrella Liability Coverage covering all of the above stated insurance coverages with a limit of no less than $5000000 per occurrence and aggregate The insurance requirements set forth in B C and D above can be met by combining the coverage afforded in policies providing the required coverage with the excess umbrella liability coverage required herein

F Additional Insured - Commercial General Liability Insurance Motor Vehicle Liability Insurance and Medical Professional Liability Insurance as described above shall include an endorsement stating the following shall be Additional Insureds The Municipalities and their elected and appointed officials employees and agents

G Cancellation Notice - All insurance described above shall include an endorsement stating the following It is understood and agreed that thirty (30) days advanced written notice of cancellation non-renewal reduction andor material change shall be sent to The Municipalitiesrdquo

H Proof of Insurance - Life EMS shall provide The Municipalities at the time this Agreement is returned by it for execution certificate of insurance showing possession of the policies required above If so requested certified copies of ail policies will be furnished

11

I If any of the above coverages expire during the term of the Agreement Life EMS shall deliver renewal certificates andor policies to The Municipalities at least ten (10) days prior to the expiration date

14 WAIVERS

A No failure or delay on the part of either of the Parties to this Agreement in exercising any right power or privilege hereunder shall operate as a waiver thereof nor shall a single or partial exercise of any right power or privilege preclude any other or further exercise of any other right power or privilege

B In no event shall the making by The Municipalities of any payment due to Life EMS constitute or be construed as a waiver by The Municipalities of any breach of a provision of this Agreement or any default which may then exist on the part of Life EMS and the making of any such payment by The Municipalities while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to The Municipalities in respect to such breach or default

15 AMENDMENT OR MODIFICATION All modifications amendments or waivers of any provisions of this Agreement or the Services to be performed hereunder shall be made only by the written mutual consent of the Parties

16 ASSIGNMENT OR SUBCONTRACTING No Party shall assign subcontract or otherwise transfer its duties andor obligations under this Agreement without the prior written consent of The Municipalities

17 APPLICABLE LAW AND VENUE This Agreement shall be construed according to the laws of the State of Michigan In the event any actions arising under this Agreement are brought by or against The Municipalities then The Municipalities and Life EMS acknowledge and agree that the venue for such actions shall be established in accordance with the statutes of the State of Michigan andor Michigan Court Rules In the event that any action is brought under this Agreement in Federal Court the venue for such action shall be the Federal Judicial District of Michigan Western District and Southern Division

18 DISREGARDING TITLES The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement

19 COMPLETE AGREEMENT This Agreement and the attached Addendums to which it refers contain all the terms and conditions agreed upon by the Parties and no other

12

agreements oral or otherwise regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the Parties

20 TERMINATION Notwithstanding any other provision in this Agreement to the contrary this Agreement may be terminated prior to the end of the Agreement term set forth in Section 1 by any of the following means

A By mutual consent of both Parties through an amendment to this Agreement signed by the authorized representatives of both The Municipalities and Life EMS

B By either The Municipalities or Life EMS upon not less than one hundred twenty (120) days prior written notice if after giving notice to the other Party of a default as defined in Section 21 and elsewhere in this Agreement the defaulting Party fails to cure the default within thirty (30) days of receipt of such notice Exercise of such rights or limitation shall not be deemed to be a waiver of any other rights that the terminating Party may have in law or in equity

21 DEFAULT In addition to other grounds for breach or default explicitly referenced elsewhere in this Agreement default can also occur as a result of the following

A Failure to perform the Services required by this Agreement within the time specified herein or any extension thereof

B Failure to comply with any material provision of this Agreement

C Failure to obtain and or maintain insurance of the types and amounts as required in this Agreement

22 SEVERABILITY If any clause or provision of this Agreement is rendered invalid or unenforceable because of any State or Federal statute or regulation or ruling by any tribunal of competent jurisdiction that clause or provision shall be null and void and any such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement Where the deletion of the invalid or unenforceable provision would result in the illegality andor unenforceability of this Agreement this Agreement shall be considered to have terminated as of the date in which the provision was rendered invalid or unenforceable

23 NOTICE All notices shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mail or other comparable mail service postage prepaid addressed to the Party at its address set forth above Notices will be directed to the Administrators for The Municipalities and the President of Life EMS Each Party shall inform the other of who the person(s) is as designated from time to time

13

24 RELATIONSHIP OF PARTIES Nothing in this Agreement shall constitute be construed to be or create a partnership joint venture or lease between Life EMS and the Municipalities The relationship of Life EMS and The Municipalities under this Agreement is as independent contractor

25 MEDIATIONBINDING ARBITRATION In the event a dispute difference or questions shall arise between the Parties touching the construction meaning or effect of this Agreement or the rights or liabilities of the Parties then the Parties will attempt to resolve each dispute difference or question first through mediation consistent with the commercial mediation rules of the American Mediation Association then in effect Such mediation may be initiated by either Party by making a written demand for mediation on the other Party Within thirty (30) days of that demand the Parties shall agree upon a single mediator certified under the rules of the Federal District Court having jurisdiction Any resulting written settlement agreement shall be final and binding upon the Parties and shall be enforceable by the applicable courts having jurisdiction as described below The Parties shall share equally the fee of the mediator

In the event that the Parties cannot agree upon a mediator or in the event that mediation does not fully resolve the matter then each dispute difference or question shall be referred to the arbitration of two different persons one be appointed by each Party If either Party refuses or neglects to appoint an arbitrator within seven (7) days after the other Party has appointed an arbitrator and has served a written notice upol1 the first Party requiring it to make an appointment then the arbitrator appointed shall at the request of the Party appointing him or her proceed to hear and determine the matters in difference as if he or she were an arbitrator appointed by both Parties for that purpose The award or determination which shall be made by the arbitrators or arbitrator shall be final and binding upon the Parties The award shall be made in writing within fourteen (14) days next after the reference to the arbitrators or a later day upon written agreement of the Parties or the arbitrators or arbitrator The general procedure shall conform to the rules of the American Arbitration Association

26 CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT The persons signing on behalf of the Parties to this Agreement certify by their signatures that they are duly authorized to sign this Agreement on behalf of said Parties and that this Agreement has been authorized by said Parties

IN WITNESS WHEREOF the authorized representatives of the Parties have fully signed and entered into this Agreement on the day and year first above written

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 9: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

5

(2) CPR and first aid training

(3) General health care issues including early problem recognition

(4) Injury and illness prevention

(5) Immediate recognition of an illness or injury

(6) System access through 911

(7) Appropriate utilization of resources

I Life EMS will maintain adequate and appropriate liability insurance of the types and limits of not less than the insurance requirements set forth in Section 13 of this Agreement Such insurance shall list The Municipalities their elected and appointed officers employees and agents as additional insureds

J Life EMS will maintain a comprehensive communications system that is fully integrated with Allegan County Central Dispatch area Hospitals and other relevant facilities and agencies Life EMS shall ensure its units have the capability to communicate with Allegan County Central Dispatch as well as police fire and rescue units operating within The Municipalities In addition to communication equipment in the ambulance vehicles Life EMS shall also equip the paramedicambulance crews with portable radios for use when they are not in the vehicle

K Life EMS will provide blood pressure checks to anyone who stops at the ambulance bases when the ambulance crews are on site and available

L Life EMS will provide a 24 hour-per-day 365-day-per-year management level person who may be contacted when unique situations arise which require additional support to The Municipalities area operations

M Life EMS will provide detailed maps for all Life EMS personnel performing services under this Agreement and be responsible for any updates and changes Life EMS shall train and educate all personnel it assigns to its Fennville area operation either on a permanent basis or as substitute or as back-ups on the Service Area roadways and possible routes to emergencies

N Life EMS will monitor the driving skills and actions of all Life EMS personnel performing services under this Agreement on a routine basis which shall be at least monthly and assure that such personnel are operating the ambulance in a safe manner at all times

O Life EMS will provide The Municipalities with not less than one hundred twenty (120) days written notice of any significant change in its business structure including any plans

6

to discontinue or substantially alter its business operations change ownership of majority of its shares sell the company or change its name The Municipalities shall have the right to terminate this Agreement with one hundred twenty (120) days written notice if the change impacts the Services provided by Life EMS under this Agreement

P Life EMS shall ensure that all personnel it assigns to provide Services on a permanent basis or as substitutes or as back-ups are familiar with rescue personnel in the area and with their policies which are applicable to the Services being provided under this Agreement

Q Life EMS shall provide a toll free number that will be staffed during normal business hours to be utilized by The Municipalities representatives and residents for resolving billing questions or operational activities

3 THE MUNICIPALITIESrsquoS RESPONSIBILITIES In addition to ensuring that monies related to supporting ambulance operations through the Annual Retention Fee paid to Life EMS the Municipalities shall also be responsible for the following

A To the extent permissible by law The Municipalities shall direct Allegan County Central Dispatch to notify Life EMS in a mutually agreed upon manner for all medical calls that Allegan County Central Dispatch receives at its 911 Central Dispatch Center requesting or requiring ambulance services within The Municipalities

B The Municipalities shall direct Allegan County Central Dispatch Center to not refuse deny or discourage access to Life EMS Ambulance Service for any request for ambulance service within The Municipalities The Municipalities shall not be liable or in breach of this Agreement in the event Allegan County Central Dispatch Center fails to follow such direction

4 COMPENSATION FEES The compensation which Life EMS shall receive for Services shall include the ambulance service fees identified in Addendum A and the Annual Service Retention Fee as described in Addendum B both of which are necessary to support ambulance operations in the Municipalities

5 BILLING Life EMS shall bill individuals for Services consistent with

A All applicable legal standards

B Health plans under which individuals are provided covered benefits which include ambulance and paramedic services and

C The rate schedule set forth in Addendum A and as amended in the future and routinely kept on file with the Municipalities

7

6 FINANCIAL PERFORMANCE DISCLOSURE When requested by The Municipalities Life EMS shall provide financial information that is specific to its servicesoperations in The Municipalities response area

7 RECORD KEEPING AND ACCESS TO RECORDS

A Life EMS shall keep complete and accurate books and records regarding its business operations to Municipalities including without limitation the services rendered and charges made and collected in accordance with generally accepted accounting practices All such books and records shall be open to inspection by the designated representatives of The Municipalities including but not limited to parties under contract with The Municipalities for auditing purposes during regular working hours of 900 am to 500 pm Monday through Friday Refusal to allow The Municipalities representatives access to said records shall constitute a material breach of this Agreement In addition the Municipalities at their own expense shall be entitled to have an audit conducted of such books and records

B All books and records covered by this section shall be maintained for period of not less than six (6) years from the date in which they were originally completed

C Life EMS agrees that if the Secretary of Health and Human Services the Comptroller General of the United States or their duly authorized representatives (hereinafter referred to as the Requesting Parties) at any time within four (4) years of completing the services to be provided under this Agreement request access to Life EMSrsquo books documents and records in accordance with 42 USC sect1395x(v)(1)(1) and the regulations adopted pursuant thereto Life EMS shall provide such access to the Requesting Parties to the extent required by said statute and the regulations promulgated pursuant thereto Furthermore Life EMS agrees that any contract between it and any other organization to which Life EMS is to a significant extent associated or affiliated with owns or is owned by or has control of or is controlled by (hereinafter referred to as the Related Organization) and which performs services on behalf of the Municipalities will contain a clause requiring the Related Organization to similarly make its books documents and records available to the Requesting Parties

D Life EMS shall also maintain all records as required by any state laws rules or regulations applicable to ambulance service providers or due to the sources of funding of the Services under this Agreement as well as the requirements of any health plans or insurers billed by Life EMS

8 MEETINGS The Parties shall maintain ongoing communications and meetings as mutually agreed upon to ensure The Municipalities are informed on Life EMSs

8

performance as it relates to this Agreement The information shall include but not be limited to the Services being provided provisions to improve the ambulance service as well as a review of the business and run data of Life EMS such as number of runs refusals response time statistics and statistics showing which days months and times of day are busiest Life EMS and The Municipalities shall have the right to mutually agree upon an increase or decrease in the amount and content of information to be reviewed at meetings

9 SAFETY Life EMS shall maintain during this Agreement such protective devices as reasonably advisable to attempt to prevent any accidents occurring as a consequence of its personnels work Life EMS shall use safety devices which are approved by the Michigan Department of Health and Human Services Safety and Regulation Bureau of MIOSHA Life EMS shall comply with all of the current laws rules and regulations of the Michigan Occupational Health and Safety Act

10 COMPLIANCE WITH LAWS RULES REGULATION AND LICENSING AND CERTIFICATION REQUIREMENTS Life EMS shall render Services required of it in material compliance with all applicable federal state and local laws ordinances codes rules and regulations and its employees and its subcontractors shall meet a federal state and local license certification and authorization requirements for the types of services required Failure by Life EMS to obtain andor maintain any required license and authorization shall result in the immediate and automatic termination of this Agreement The failure of any of Life EMS personnel to obtain andor maintain any required license and authorization for the Services which they are responsible for providing shall bar such person from providing Services under this Agreement until the license or authorization has been obtained In addition to the licensing certifications and authorization requirements set forth above Life EMS shall obtain and maintain a Commission on Accreditation of Ambulance Services (CAAS) Certificate of Accreditation

11 NONDISCRIMINATION Life EMS as required by law shall not discriminate against a person to be served or against an employee or applicant for employment with respect to hire tenure terms conditions or privileges of employment or a matter directly or indirectly related to employment because of race color religion national origin age sex disability that is unrelated to the individuals ability to perform the duties of a particular job or position height weight or marital status

Life EMS shall adhere to all applicable federal state and local laws ordinances rules and regulations prohibiting discrimination including but not limited to the following

A The Elliott-Larsen Civil Rights Act 1976 PA 453 as amended

B The Persons with Disabilities Civil Rights Act 1976 PA 220 as amended

C Section 504 of the Federal Rehabilitation Act of 1973 PL 93-112 87 Stat

9

355 as amended and regulations promulgated there under

D The Americans with Disabilities Act of 1990 PL 101-336 104 Stat 327 (42 USCA sect12101 et seq) as amended and regulations promulgated there under

Breach of this section shall be regarded as a material breach of this Agreement

12 INDEMNIFICATION AND HOLD HARMLESS Life EMS shall at its own expense protect defend indemnify and hold harmless The Municipalities and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of Life EMS or any of its officers employees or agents which may arise out of this Agreement

The Municipalities shall at their own expense protect defend indemnify and hold harmless Life EMS and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of The Municipalities or any of their officers employees or agents which may arise out of this Agreement

In the event that Life EMS insurance coverages fail to completely fulfill Life EMS indemnification responsibilities under this Agreement Life EMS shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to The Municipalities their officers employees and agents

In the event that The Municipalities insurance coverages fail to completely fulfill The Municipalities indemnification responsibilities under this Agreement The Municipalities shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to Life EMS its officers employees and agents

13 INSURANCE Life EMS shall purchase and maintain insurance not less than the limits set forth below All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan who are acceptable to The Municipalities and have a minimum AM Best Companys Insurance Reports rating of A or A- (Excellent)

A Workers Disability Compensation Insurance inclining Employers Liability Coverage in accordance with all applicable statutes of (the State of Michigan In the event Life

10

EMS uses subcontractors for the performance of services Life EMS shall ensure that said subcontractors carry Workerrsquos Disability Compensation Insurance and Employers Liability Coverage as required by law

B Commercial General Liability Insurance on an lsquoOccurrence Basisrsquo with limits of liability not less than $1000000 per occurrence and $2000000 aggregate combined single limit Personal Injury Bodily Injury and Property Damage Coverage shall include the following 1 Contractual Liability 2 Products and Completed Operations 3 Independent Contractors Coverage 4 Broad Form General Liability Endorsement or Equivalent

C Motor Vehicle Liability Insurance including Michigan No-Fault Coverage with limits of liability of not less than $1000000 per occurrence combined single limit Bodily Injury and Property Damage Coverage shall include all owned vehicles all non-owned vehicles and all hired vehicles

D Medical Professional Liability Insurance covering paramedics emergency medical technicians emergency medical technician specialists and advanced emergency medical technicians in an amount of not less than $100000000 per occurrence and $200000000 aggregate

E Excess Umbrella Liability Coverage covering all of the above stated insurance coverages with a limit of no less than $5000000 per occurrence and aggregate The insurance requirements set forth in B C and D above can be met by combining the coverage afforded in policies providing the required coverage with the excess umbrella liability coverage required herein

F Additional Insured - Commercial General Liability Insurance Motor Vehicle Liability Insurance and Medical Professional Liability Insurance as described above shall include an endorsement stating the following shall be Additional Insureds The Municipalities and their elected and appointed officials employees and agents

G Cancellation Notice - All insurance described above shall include an endorsement stating the following It is understood and agreed that thirty (30) days advanced written notice of cancellation non-renewal reduction andor material change shall be sent to The Municipalitiesrdquo

H Proof of Insurance - Life EMS shall provide The Municipalities at the time this Agreement is returned by it for execution certificate of insurance showing possession of the policies required above If so requested certified copies of ail policies will be furnished

11

I If any of the above coverages expire during the term of the Agreement Life EMS shall deliver renewal certificates andor policies to The Municipalities at least ten (10) days prior to the expiration date

14 WAIVERS

A No failure or delay on the part of either of the Parties to this Agreement in exercising any right power or privilege hereunder shall operate as a waiver thereof nor shall a single or partial exercise of any right power or privilege preclude any other or further exercise of any other right power or privilege

B In no event shall the making by The Municipalities of any payment due to Life EMS constitute or be construed as a waiver by The Municipalities of any breach of a provision of this Agreement or any default which may then exist on the part of Life EMS and the making of any such payment by The Municipalities while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to The Municipalities in respect to such breach or default

15 AMENDMENT OR MODIFICATION All modifications amendments or waivers of any provisions of this Agreement or the Services to be performed hereunder shall be made only by the written mutual consent of the Parties

16 ASSIGNMENT OR SUBCONTRACTING No Party shall assign subcontract or otherwise transfer its duties andor obligations under this Agreement without the prior written consent of The Municipalities

17 APPLICABLE LAW AND VENUE This Agreement shall be construed according to the laws of the State of Michigan In the event any actions arising under this Agreement are brought by or against The Municipalities then The Municipalities and Life EMS acknowledge and agree that the venue for such actions shall be established in accordance with the statutes of the State of Michigan andor Michigan Court Rules In the event that any action is brought under this Agreement in Federal Court the venue for such action shall be the Federal Judicial District of Michigan Western District and Southern Division

18 DISREGARDING TITLES The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement

19 COMPLETE AGREEMENT This Agreement and the attached Addendums to which it refers contain all the terms and conditions agreed upon by the Parties and no other

12

agreements oral or otherwise regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the Parties

20 TERMINATION Notwithstanding any other provision in this Agreement to the contrary this Agreement may be terminated prior to the end of the Agreement term set forth in Section 1 by any of the following means

A By mutual consent of both Parties through an amendment to this Agreement signed by the authorized representatives of both The Municipalities and Life EMS

B By either The Municipalities or Life EMS upon not less than one hundred twenty (120) days prior written notice if after giving notice to the other Party of a default as defined in Section 21 and elsewhere in this Agreement the defaulting Party fails to cure the default within thirty (30) days of receipt of such notice Exercise of such rights or limitation shall not be deemed to be a waiver of any other rights that the terminating Party may have in law or in equity

21 DEFAULT In addition to other grounds for breach or default explicitly referenced elsewhere in this Agreement default can also occur as a result of the following

A Failure to perform the Services required by this Agreement within the time specified herein or any extension thereof

B Failure to comply with any material provision of this Agreement

C Failure to obtain and or maintain insurance of the types and amounts as required in this Agreement

22 SEVERABILITY If any clause or provision of this Agreement is rendered invalid or unenforceable because of any State or Federal statute or regulation or ruling by any tribunal of competent jurisdiction that clause or provision shall be null and void and any such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement Where the deletion of the invalid or unenforceable provision would result in the illegality andor unenforceability of this Agreement this Agreement shall be considered to have terminated as of the date in which the provision was rendered invalid or unenforceable

23 NOTICE All notices shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mail or other comparable mail service postage prepaid addressed to the Party at its address set forth above Notices will be directed to the Administrators for The Municipalities and the President of Life EMS Each Party shall inform the other of who the person(s) is as designated from time to time

13

24 RELATIONSHIP OF PARTIES Nothing in this Agreement shall constitute be construed to be or create a partnership joint venture or lease between Life EMS and the Municipalities The relationship of Life EMS and The Municipalities under this Agreement is as independent contractor

25 MEDIATIONBINDING ARBITRATION In the event a dispute difference or questions shall arise between the Parties touching the construction meaning or effect of this Agreement or the rights or liabilities of the Parties then the Parties will attempt to resolve each dispute difference or question first through mediation consistent with the commercial mediation rules of the American Mediation Association then in effect Such mediation may be initiated by either Party by making a written demand for mediation on the other Party Within thirty (30) days of that demand the Parties shall agree upon a single mediator certified under the rules of the Federal District Court having jurisdiction Any resulting written settlement agreement shall be final and binding upon the Parties and shall be enforceable by the applicable courts having jurisdiction as described below The Parties shall share equally the fee of the mediator

In the event that the Parties cannot agree upon a mediator or in the event that mediation does not fully resolve the matter then each dispute difference or question shall be referred to the arbitration of two different persons one be appointed by each Party If either Party refuses or neglects to appoint an arbitrator within seven (7) days after the other Party has appointed an arbitrator and has served a written notice upol1 the first Party requiring it to make an appointment then the arbitrator appointed shall at the request of the Party appointing him or her proceed to hear and determine the matters in difference as if he or she were an arbitrator appointed by both Parties for that purpose The award or determination which shall be made by the arbitrators or arbitrator shall be final and binding upon the Parties The award shall be made in writing within fourteen (14) days next after the reference to the arbitrators or a later day upon written agreement of the Parties or the arbitrators or arbitrator The general procedure shall conform to the rules of the American Arbitration Association

26 CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT The persons signing on behalf of the Parties to this Agreement certify by their signatures that they are duly authorized to sign this Agreement on behalf of said Parties and that this Agreement has been authorized by said Parties

IN WITNESS WHEREOF the authorized representatives of the Parties have fully signed and entered into this Agreement on the day and year first above written

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 10: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

6

to discontinue or substantially alter its business operations change ownership of majority of its shares sell the company or change its name The Municipalities shall have the right to terminate this Agreement with one hundred twenty (120) days written notice if the change impacts the Services provided by Life EMS under this Agreement

P Life EMS shall ensure that all personnel it assigns to provide Services on a permanent basis or as substitutes or as back-ups are familiar with rescue personnel in the area and with their policies which are applicable to the Services being provided under this Agreement

Q Life EMS shall provide a toll free number that will be staffed during normal business hours to be utilized by The Municipalities representatives and residents for resolving billing questions or operational activities

3 THE MUNICIPALITIESrsquoS RESPONSIBILITIES In addition to ensuring that monies related to supporting ambulance operations through the Annual Retention Fee paid to Life EMS the Municipalities shall also be responsible for the following

A To the extent permissible by law The Municipalities shall direct Allegan County Central Dispatch to notify Life EMS in a mutually agreed upon manner for all medical calls that Allegan County Central Dispatch receives at its 911 Central Dispatch Center requesting or requiring ambulance services within The Municipalities

B The Municipalities shall direct Allegan County Central Dispatch Center to not refuse deny or discourage access to Life EMS Ambulance Service for any request for ambulance service within The Municipalities The Municipalities shall not be liable or in breach of this Agreement in the event Allegan County Central Dispatch Center fails to follow such direction

4 COMPENSATION FEES The compensation which Life EMS shall receive for Services shall include the ambulance service fees identified in Addendum A and the Annual Service Retention Fee as described in Addendum B both of which are necessary to support ambulance operations in the Municipalities

5 BILLING Life EMS shall bill individuals for Services consistent with

A All applicable legal standards

B Health plans under which individuals are provided covered benefits which include ambulance and paramedic services and

C The rate schedule set forth in Addendum A and as amended in the future and routinely kept on file with the Municipalities

7

6 FINANCIAL PERFORMANCE DISCLOSURE When requested by The Municipalities Life EMS shall provide financial information that is specific to its servicesoperations in The Municipalities response area

7 RECORD KEEPING AND ACCESS TO RECORDS

A Life EMS shall keep complete and accurate books and records regarding its business operations to Municipalities including without limitation the services rendered and charges made and collected in accordance with generally accepted accounting practices All such books and records shall be open to inspection by the designated representatives of The Municipalities including but not limited to parties under contract with The Municipalities for auditing purposes during regular working hours of 900 am to 500 pm Monday through Friday Refusal to allow The Municipalities representatives access to said records shall constitute a material breach of this Agreement In addition the Municipalities at their own expense shall be entitled to have an audit conducted of such books and records

B All books and records covered by this section shall be maintained for period of not less than six (6) years from the date in which they were originally completed

C Life EMS agrees that if the Secretary of Health and Human Services the Comptroller General of the United States or their duly authorized representatives (hereinafter referred to as the Requesting Parties) at any time within four (4) years of completing the services to be provided under this Agreement request access to Life EMSrsquo books documents and records in accordance with 42 USC sect1395x(v)(1)(1) and the regulations adopted pursuant thereto Life EMS shall provide such access to the Requesting Parties to the extent required by said statute and the regulations promulgated pursuant thereto Furthermore Life EMS agrees that any contract between it and any other organization to which Life EMS is to a significant extent associated or affiliated with owns or is owned by or has control of or is controlled by (hereinafter referred to as the Related Organization) and which performs services on behalf of the Municipalities will contain a clause requiring the Related Organization to similarly make its books documents and records available to the Requesting Parties

D Life EMS shall also maintain all records as required by any state laws rules or regulations applicable to ambulance service providers or due to the sources of funding of the Services under this Agreement as well as the requirements of any health plans or insurers billed by Life EMS

8 MEETINGS The Parties shall maintain ongoing communications and meetings as mutually agreed upon to ensure The Municipalities are informed on Life EMSs

8

performance as it relates to this Agreement The information shall include but not be limited to the Services being provided provisions to improve the ambulance service as well as a review of the business and run data of Life EMS such as number of runs refusals response time statistics and statistics showing which days months and times of day are busiest Life EMS and The Municipalities shall have the right to mutually agree upon an increase or decrease in the amount and content of information to be reviewed at meetings

9 SAFETY Life EMS shall maintain during this Agreement such protective devices as reasonably advisable to attempt to prevent any accidents occurring as a consequence of its personnels work Life EMS shall use safety devices which are approved by the Michigan Department of Health and Human Services Safety and Regulation Bureau of MIOSHA Life EMS shall comply with all of the current laws rules and regulations of the Michigan Occupational Health and Safety Act

10 COMPLIANCE WITH LAWS RULES REGULATION AND LICENSING AND CERTIFICATION REQUIREMENTS Life EMS shall render Services required of it in material compliance with all applicable federal state and local laws ordinances codes rules and regulations and its employees and its subcontractors shall meet a federal state and local license certification and authorization requirements for the types of services required Failure by Life EMS to obtain andor maintain any required license and authorization shall result in the immediate and automatic termination of this Agreement The failure of any of Life EMS personnel to obtain andor maintain any required license and authorization for the Services which they are responsible for providing shall bar such person from providing Services under this Agreement until the license or authorization has been obtained In addition to the licensing certifications and authorization requirements set forth above Life EMS shall obtain and maintain a Commission on Accreditation of Ambulance Services (CAAS) Certificate of Accreditation

11 NONDISCRIMINATION Life EMS as required by law shall not discriminate against a person to be served or against an employee or applicant for employment with respect to hire tenure terms conditions or privileges of employment or a matter directly or indirectly related to employment because of race color religion national origin age sex disability that is unrelated to the individuals ability to perform the duties of a particular job or position height weight or marital status

Life EMS shall adhere to all applicable federal state and local laws ordinances rules and regulations prohibiting discrimination including but not limited to the following

A The Elliott-Larsen Civil Rights Act 1976 PA 453 as amended

B The Persons with Disabilities Civil Rights Act 1976 PA 220 as amended

C Section 504 of the Federal Rehabilitation Act of 1973 PL 93-112 87 Stat

9

355 as amended and regulations promulgated there under

D The Americans with Disabilities Act of 1990 PL 101-336 104 Stat 327 (42 USCA sect12101 et seq) as amended and regulations promulgated there under

Breach of this section shall be regarded as a material breach of this Agreement

12 INDEMNIFICATION AND HOLD HARMLESS Life EMS shall at its own expense protect defend indemnify and hold harmless The Municipalities and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of Life EMS or any of its officers employees or agents which may arise out of this Agreement

The Municipalities shall at their own expense protect defend indemnify and hold harmless Life EMS and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of The Municipalities or any of their officers employees or agents which may arise out of this Agreement

In the event that Life EMS insurance coverages fail to completely fulfill Life EMS indemnification responsibilities under this Agreement Life EMS shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to The Municipalities their officers employees and agents

In the event that The Municipalities insurance coverages fail to completely fulfill The Municipalities indemnification responsibilities under this Agreement The Municipalities shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to Life EMS its officers employees and agents

13 INSURANCE Life EMS shall purchase and maintain insurance not less than the limits set forth below All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan who are acceptable to The Municipalities and have a minimum AM Best Companys Insurance Reports rating of A or A- (Excellent)

A Workers Disability Compensation Insurance inclining Employers Liability Coverage in accordance with all applicable statutes of (the State of Michigan In the event Life

10

EMS uses subcontractors for the performance of services Life EMS shall ensure that said subcontractors carry Workerrsquos Disability Compensation Insurance and Employers Liability Coverage as required by law

B Commercial General Liability Insurance on an lsquoOccurrence Basisrsquo with limits of liability not less than $1000000 per occurrence and $2000000 aggregate combined single limit Personal Injury Bodily Injury and Property Damage Coverage shall include the following 1 Contractual Liability 2 Products and Completed Operations 3 Independent Contractors Coverage 4 Broad Form General Liability Endorsement or Equivalent

C Motor Vehicle Liability Insurance including Michigan No-Fault Coverage with limits of liability of not less than $1000000 per occurrence combined single limit Bodily Injury and Property Damage Coverage shall include all owned vehicles all non-owned vehicles and all hired vehicles

D Medical Professional Liability Insurance covering paramedics emergency medical technicians emergency medical technician specialists and advanced emergency medical technicians in an amount of not less than $100000000 per occurrence and $200000000 aggregate

E Excess Umbrella Liability Coverage covering all of the above stated insurance coverages with a limit of no less than $5000000 per occurrence and aggregate The insurance requirements set forth in B C and D above can be met by combining the coverage afforded in policies providing the required coverage with the excess umbrella liability coverage required herein

F Additional Insured - Commercial General Liability Insurance Motor Vehicle Liability Insurance and Medical Professional Liability Insurance as described above shall include an endorsement stating the following shall be Additional Insureds The Municipalities and their elected and appointed officials employees and agents

G Cancellation Notice - All insurance described above shall include an endorsement stating the following It is understood and agreed that thirty (30) days advanced written notice of cancellation non-renewal reduction andor material change shall be sent to The Municipalitiesrdquo

H Proof of Insurance - Life EMS shall provide The Municipalities at the time this Agreement is returned by it for execution certificate of insurance showing possession of the policies required above If so requested certified copies of ail policies will be furnished

11

I If any of the above coverages expire during the term of the Agreement Life EMS shall deliver renewal certificates andor policies to The Municipalities at least ten (10) days prior to the expiration date

14 WAIVERS

A No failure or delay on the part of either of the Parties to this Agreement in exercising any right power or privilege hereunder shall operate as a waiver thereof nor shall a single or partial exercise of any right power or privilege preclude any other or further exercise of any other right power or privilege

B In no event shall the making by The Municipalities of any payment due to Life EMS constitute or be construed as a waiver by The Municipalities of any breach of a provision of this Agreement or any default which may then exist on the part of Life EMS and the making of any such payment by The Municipalities while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to The Municipalities in respect to such breach or default

15 AMENDMENT OR MODIFICATION All modifications amendments or waivers of any provisions of this Agreement or the Services to be performed hereunder shall be made only by the written mutual consent of the Parties

16 ASSIGNMENT OR SUBCONTRACTING No Party shall assign subcontract or otherwise transfer its duties andor obligations under this Agreement without the prior written consent of The Municipalities

17 APPLICABLE LAW AND VENUE This Agreement shall be construed according to the laws of the State of Michigan In the event any actions arising under this Agreement are brought by or against The Municipalities then The Municipalities and Life EMS acknowledge and agree that the venue for such actions shall be established in accordance with the statutes of the State of Michigan andor Michigan Court Rules In the event that any action is brought under this Agreement in Federal Court the venue for such action shall be the Federal Judicial District of Michigan Western District and Southern Division

18 DISREGARDING TITLES The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement

19 COMPLETE AGREEMENT This Agreement and the attached Addendums to which it refers contain all the terms and conditions agreed upon by the Parties and no other

12

agreements oral or otherwise regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the Parties

20 TERMINATION Notwithstanding any other provision in this Agreement to the contrary this Agreement may be terminated prior to the end of the Agreement term set forth in Section 1 by any of the following means

A By mutual consent of both Parties through an amendment to this Agreement signed by the authorized representatives of both The Municipalities and Life EMS

B By either The Municipalities or Life EMS upon not less than one hundred twenty (120) days prior written notice if after giving notice to the other Party of a default as defined in Section 21 and elsewhere in this Agreement the defaulting Party fails to cure the default within thirty (30) days of receipt of such notice Exercise of such rights or limitation shall not be deemed to be a waiver of any other rights that the terminating Party may have in law or in equity

21 DEFAULT In addition to other grounds for breach or default explicitly referenced elsewhere in this Agreement default can also occur as a result of the following

A Failure to perform the Services required by this Agreement within the time specified herein or any extension thereof

B Failure to comply with any material provision of this Agreement

C Failure to obtain and or maintain insurance of the types and amounts as required in this Agreement

22 SEVERABILITY If any clause or provision of this Agreement is rendered invalid or unenforceable because of any State or Federal statute or regulation or ruling by any tribunal of competent jurisdiction that clause or provision shall be null and void and any such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement Where the deletion of the invalid or unenforceable provision would result in the illegality andor unenforceability of this Agreement this Agreement shall be considered to have terminated as of the date in which the provision was rendered invalid or unenforceable

23 NOTICE All notices shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mail or other comparable mail service postage prepaid addressed to the Party at its address set forth above Notices will be directed to the Administrators for The Municipalities and the President of Life EMS Each Party shall inform the other of who the person(s) is as designated from time to time

13

24 RELATIONSHIP OF PARTIES Nothing in this Agreement shall constitute be construed to be or create a partnership joint venture or lease between Life EMS and the Municipalities The relationship of Life EMS and The Municipalities under this Agreement is as independent contractor

25 MEDIATIONBINDING ARBITRATION In the event a dispute difference or questions shall arise between the Parties touching the construction meaning or effect of this Agreement or the rights or liabilities of the Parties then the Parties will attempt to resolve each dispute difference or question first through mediation consistent with the commercial mediation rules of the American Mediation Association then in effect Such mediation may be initiated by either Party by making a written demand for mediation on the other Party Within thirty (30) days of that demand the Parties shall agree upon a single mediator certified under the rules of the Federal District Court having jurisdiction Any resulting written settlement agreement shall be final and binding upon the Parties and shall be enforceable by the applicable courts having jurisdiction as described below The Parties shall share equally the fee of the mediator

In the event that the Parties cannot agree upon a mediator or in the event that mediation does not fully resolve the matter then each dispute difference or question shall be referred to the arbitration of two different persons one be appointed by each Party If either Party refuses or neglects to appoint an arbitrator within seven (7) days after the other Party has appointed an arbitrator and has served a written notice upol1 the first Party requiring it to make an appointment then the arbitrator appointed shall at the request of the Party appointing him or her proceed to hear and determine the matters in difference as if he or she were an arbitrator appointed by both Parties for that purpose The award or determination which shall be made by the arbitrators or arbitrator shall be final and binding upon the Parties The award shall be made in writing within fourteen (14) days next after the reference to the arbitrators or a later day upon written agreement of the Parties or the arbitrators or arbitrator The general procedure shall conform to the rules of the American Arbitration Association

26 CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT The persons signing on behalf of the Parties to this Agreement certify by their signatures that they are duly authorized to sign this Agreement on behalf of said Parties and that this Agreement has been authorized by said Parties

IN WITNESS WHEREOF the authorized representatives of the Parties have fully signed and entered into this Agreement on the day and year first above written

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 11: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

7

6 FINANCIAL PERFORMANCE DISCLOSURE When requested by The Municipalities Life EMS shall provide financial information that is specific to its servicesoperations in The Municipalities response area

7 RECORD KEEPING AND ACCESS TO RECORDS

A Life EMS shall keep complete and accurate books and records regarding its business operations to Municipalities including without limitation the services rendered and charges made and collected in accordance with generally accepted accounting practices All such books and records shall be open to inspection by the designated representatives of The Municipalities including but not limited to parties under contract with The Municipalities for auditing purposes during regular working hours of 900 am to 500 pm Monday through Friday Refusal to allow The Municipalities representatives access to said records shall constitute a material breach of this Agreement In addition the Municipalities at their own expense shall be entitled to have an audit conducted of such books and records

B All books and records covered by this section shall be maintained for period of not less than six (6) years from the date in which they were originally completed

C Life EMS agrees that if the Secretary of Health and Human Services the Comptroller General of the United States or their duly authorized representatives (hereinafter referred to as the Requesting Parties) at any time within four (4) years of completing the services to be provided under this Agreement request access to Life EMSrsquo books documents and records in accordance with 42 USC sect1395x(v)(1)(1) and the regulations adopted pursuant thereto Life EMS shall provide such access to the Requesting Parties to the extent required by said statute and the regulations promulgated pursuant thereto Furthermore Life EMS agrees that any contract between it and any other organization to which Life EMS is to a significant extent associated or affiliated with owns or is owned by or has control of or is controlled by (hereinafter referred to as the Related Organization) and which performs services on behalf of the Municipalities will contain a clause requiring the Related Organization to similarly make its books documents and records available to the Requesting Parties

D Life EMS shall also maintain all records as required by any state laws rules or regulations applicable to ambulance service providers or due to the sources of funding of the Services under this Agreement as well as the requirements of any health plans or insurers billed by Life EMS

8 MEETINGS The Parties shall maintain ongoing communications and meetings as mutually agreed upon to ensure The Municipalities are informed on Life EMSs

8

performance as it relates to this Agreement The information shall include but not be limited to the Services being provided provisions to improve the ambulance service as well as a review of the business and run data of Life EMS such as number of runs refusals response time statistics and statistics showing which days months and times of day are busiest Life EMS and The Municipalities shall have the right to mutually agree upon an increase or decrease in the amount and content of information to be reviewed at meetings

9 SAFETY Life EMS shall maintain during this Agreement such protective devices as reasonably advisable to attempt to prevent any accidents occurring as a consequence of its personnels work Life EMS shall use safety devices which are approved by the Michigan Department of Health and Human Services Safety and Regulation Bureau of MIOSHA Life EMS shall comply with all of the current laws rules and regulations of the Michigan Occupational Health and Safety Act

10 COMPLIANCE WITH LAWS RULES REGULATION AND LICENSING AND CERTIFICATION REQUIREMENTS Life EMS shall render Services required of it in material compliance with all applicable federal state and local laws ordinances codes rules and regulations and its employees and its subcontractors shall meet a federal state and local license certification and authorization requirements for the types of services required Failure by Life EMS to obtain andor maintain any required license and authorization shall result in the immediate and automatic termination of this Agreement The failure of any of Life EMS personnel to obtain andor maintain any required license and authorization for the Services which they are responsible for providing shall bar such person from providing Services under this Agreement until the license or authorization has been obtained In addition to the licensing certifications and authorization requirements set forth above Life EMS shall obtain and maintain a Commission on Accreditation of Ambulance Services (CAAS) Certificate of Accreditation

11 NONDISCRIMINATION Life EMS as required by law shall not discriminate against a person to be served or against an employee or applicant for employment with respect to hire tenure terms conditions or privileges of employment or a matter directly or indirectly related to employment because of race color religion national origin age sex disability that is unrelated to the individuals ability to perform the duties of a particular job or position height weight or marital status

Life EMS shall adhere to all applicable federal state and local laws ordinances rules and regulations prohibiting discrimination including but not limited to the following

A The Elliott-Larsen Civil Rights Act 1976 PA 453 as amended

B The Persons with Disabilities Civil Rights Act 1976 PA 220 as amended

C Section 504 of the Federal Rehabilitation Act of 1973 PL 93-112 87 Stat

9

355 as amended and regulations promulgated there under

D The Americans with Disabilities Act of 1990 PL 101-336 104 Stat 327 (42 USCA sect12101 et seq) as amended and regulations promulgated there under

Breach of this section shall be regarded as a material breach of this Agreement

12 INDEMNIFICATION AND HOLD HARMLESS Life EMS shall at its own expense protect defend indemnify and hold harmless The Municipalities and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of Life EMS or any of its officers employees or agents which may arise out of this Agreement

The Municipalities shall at their own expense protect defend indemnify and hold harmless Life EMS and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of The Municipalities or any of their officers employees or agents which may arise out of this Agreement

In the event that Life EMS insurance coverages fail to completely fulfill Life EMS indemnification responsibilities under this Agreement Life EMS shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to The Municipalities their officers employees and agents

In the event that The Municipalities insurance coverages fail to completely fulfill The Municipalities indemnification responsibilities under this Agreement The Municipalities shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to Life EMS its officers employees and agents

13 INSURANCE Life EMS shall purchase and maintain insurance not less than the limits set forth below All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan who are acceptable to The Municipalities and have a minimum AM Best Companys Insurance Reports rating of A or A- (Excellent)

A Workers Disability Compensation Insurance inclining Employers Liability Coverage in accordance with all applicable statutes of (the State of Michigan In the event Life

10

EMS uses subcontractors for the performance of services Life EMS shall ensure that said subcontractors carry Workerrsquos Disability Compensation Insurance and Employers Liability Coverage as required by law

B Commercial General Liability Insurance on an lsquoOccurrence Basisrsquo with limits of liability not less than $1000000 per occurrence and $2000000 aggregate combined single limit Personal Injury Bodily Injury and Property Damage Coverage shall include the following 1 Contractual Liability 2 Products and Completed Operations 3 Independent Contractors Coverage 4 Broad Form General Liability Endorsement or Equivalent

C Motor Vehicle Liability Insurance including Michigan No-Fault Coverage with limits of liability of not less than $1000000 per occurrence combined single limit Bodily Injury and Property Damage Coverage shall include all owned vehicles all non-owned vehicles and all hired vehicles

D Medical Professional Liability Insurance covering paramedics emergency medical technicians emergency medical technician specialists and advanced emergency medical technicians in an amount of not less than $100000000 per occurrence and $200000000 aggregate

E Excess Umbrella Liability Coverage covering all of the above stated insurance coverages with a limit of no less than $5000000 per occurrence and aggregate The insurance requirements set forth in B C and D above can be met by combining the coverage afforded in policies providing the required coverage with the excess umbrella liability coverage required herein

F Additional Insured - Commercial General Liability Insurance Motor Vehicle Liability Insurance and Medical Professional Liability Insurance as described above shall include an endorsement stating the following shall be Additional Insureds The Municipalities and their elected and appointed officials employees and agents

G Cancellation Notice - All insurance described above shall include an endorsement stating the following It is understood and agreed that thirty (30) days advanced written notice of cancellation non-renewal reduction andor material change shall be sent to The Municipalitiesrdquo

H Proof of Insurance - Life EMS shall provide The Municipalities at the time this Agreement is returned by it for execution certificate of insurance showing possession of the policies required above If so requested certified copies of ail policies will be furnished

11

I If any of the above coverages expire during the term of the Agreement Life EMS shall deliver renewal certificates andor policies to The Municipalities at least ten (10) days prior to the expiration date

14 WAIVERS

A No failure or delay on the part of either of the Parties to this Agreement in exercising any right power or privilege hereunder shall operate as a waiver thereof nor shall a single or partial exercise of any right power or privilege preclude any other or further exercise of any other right power or privilege

B In no event shall the making by The Municipalities of any payment due to Life EMS constitute or be construed as a waiver by The Municipalities of any breach of a provision of this Agreement or any default which may then exist on the part of Life EMS and the making of any such payment by The Municipalities while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to The Municipalities in respect to such breach or default

15 AMENDMENT OR MODIFICATION All modifications amendments or waivers of any provisions of this Agreement or the Services to be performed hereunder shall be made only by the written mutual consent of the Parties

16 ASSIGNMENT OR SUBCONTRACTING No Party shall assign subcontract or otherwise transfer its duties andor obligations under this Agreement without the prior written consent of The Municipalities

17 APPLICABLE LAW AND VENUE This Agreement shall be construed according to the laws of the State of Michigan In the event any actions arising under this Agreement are brought by or against The Municipalities then The Municipalities and Life EMS acknowledge and agree that the venue for such actions shall be established in accordance with the statutes of the State of Michigan andor Michigan Court Rules In the event that any action is brought under this Agreement in Federal Court the venue for such action shall be the Federal Judicial District of Michigan Western District and Southern Division

18 DISREGARDING TITLES The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement

19 COMPLETE AGREEMENT This Agreement and the attached Addendums to which it refers contain all the terms and conditions agreed upon by the Parties and no other

12

agreements oral or otherwise regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the Parties

20 TERMINATION Notwithstanding any other provision in this Agreement to the contrary this Agreement may be terminated prior to the end of the Agreement term set forth in Section 1 by any of the following means

A By mutual consent of both Parties through an amendment to this Agreement signed by the authorized representatives of both The Municipalities and Life EMS

B By either The Municipalities or Life EMS upon not less than one hundred twenty (120) days prior written notice if after giving notice to the other Party of a default as defined in Section 21 and elsewhere in this Agreement the defaulting Party fails to cure the default within thirty (30) days of receipt of such notice Exercise of such rights or limitation shall not be deemed to be a waiver of any other rights that the terminating Party may have in law or in equity

21 DEFAULT In addition to other grounds for breach or default explicitly referenced elsewhere in this Agreement default can also occur as a result of the following

A Failure to perform the Services required by this Agreement within the time specified herein or any extension thereof

B Failure to comply with any material provision of this Agreement

C Failure to obtain and or maintain insurance of the types and amounts as required in this Agreement

22 SEVERABILITY If any clause or provision of this Agreement is rendered invalid or unenforceable because of any State or Federal statute or regulation or ruling by any tribunal of competent jurisdiction that clause or provision shall be null and void and any such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement Where the deletion of the invalid or unenforceable provision would result in the illegality andor unenforceability of this Agreement this Agreement shall be considered to have terminated as of the date in which the provision was rendered invalid or unenforceable

23 NOTICE All notices shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mail or other comparable mail service postage prepaid addressed to the Party at its address set forth above Notices will be directed to the Administrators for The Municipalities and the President of Life EMS Each Party shall inform the other of who the person(s) is as designated from time to time

13

24 RELATIONSHIP OF PARTIES Nothing in this Agreement shall constitute be construed to be or create a partnership joint venture or lease between Life EMS and the Municipalities The relationship of Life EMS and The Municipalities under this Agreement is as independent contractor

25 MEDIATIONBINDING ARBITRATION In the event a dispute difference or questions shall arise between the Parties touching the construction meaning or effect of this Agreement or the rights or liabilities of the Parties then the Parties will attempt to resolve each dispute difference or question first through mediation consistent with the commercial mediation rules of the American Mediation Association then in effect Such mediation may be initiated by either Party by making a written demand for mediation on the other Party Within thirty (30) days of that demand the Parties shall agree upon a single mediator certified under the rules of the Federal District Court having jurisdiction Any resulting written settlement agreement shall be final and binding upon the Parties and shall be enforceable by the applicable courts having jurisdiction as described below The Parties shall share equally the fee of the mediator

In the event that the Parties cannot agree upon a mediator or in the event that mediation does not fully resolve the matter then each dispute difference or question shall be referred to the arbitration of two different persons one be appointed by each Party If either Party refuses or neglects to appoint an arbitrator within seven (7) days after the other Party has appointed an arbitrator and has served a written notice upol1 the first Party requiring it to make an appointment then the arbitrator appointed shall at the request of the Party appointing him or her proceed to hear and determine the matters in difference as if he or she were an arbitrator appointed by both Parties for that purpose The award or determination which shall be made by the arbitrators or arbitrator shall be final and binding upon the Parties The award shall be made in writing within fourteen (14) days next after the reference to the arbitrators or a later day upon written agreement of the Parties or the arbitrators or arbitrator The general procedure shall conform to the rules of the American Arbitration Association

26 CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT The persons signing on behalf of the Parties to this Agreement certify by their signatures that they are duly authorized to sign this Agreement on behalf of said Parties and that this Agreement has been authorized by said Parties

IN WITNESS WHEREOF the authorized representatives of the Parties have fully signed and entered into this Agreement on the day and year first above written

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 12: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

8

performance as it relates to this Agreement The information shall include but not be limited to the Services being provided provisions to improve the ambulance service as well as a review of the business and run data of Life EMS such as number of runs refusals response time statistics and statistics showing which days months and times of day are busiest Life EMS and The Municipalities shall have the right to mutually agree upon an increase or decrease in the amount and content of information to be reviewed at meetings

9 SAFETY Life EMS shall maintain during this Agreement such protective devices as reasonably advisable to attempt to prevent any accidents occurring as a consequence of its personnels work Life EMS shall use safety devices which are approved by the Michigan Department of Health and Human Services Safety and Regulation Bureau of MIOSHA Life EMS shall comply with all of the current laws rules and regulations of the Michigan Occupational Health and Safety Act

10 COMPLIANCE WITH LAWS RULES REGULATION AND LICENSING AND CERTIFICATION REQUIREMENTS Life EMS shall render Services required of it in material compliance with all applicable federal state and local laws ordinances codes rules and regulations and its employees and its subcontractors shall meet a federal state and local license certification and authorization requirements for the types of services required Failure by Life EMS to obtain andor maintain any required license and authorization shall result in the immediate and automatic termination of this Agreement The failure of any of Life EMS personnel to obtain andor maintain any required license and authorization for the Services which they are responsible for providing shall bar such person from providing Services under this Agreement until the license or authorization has been obtained In addition to the licensing certifications and authorization requirements set forth above Life EMS shall obtain and maintain a Commission on Accreditation of Ambulance Services (CAAS) Certificate of Accreditation

11 NONDISCRIMINATION Life EMS as required by law shall not discriminate against a person to be served or against an employee or applicant for employment with respect to hire tenure terms conditions or privileges of employment or a matter directly or indirectly related to employment because of race color religion national origin age sex disability that is unrelated to the individuals ability to perform the duties of a particular job or position height weight or marital status

Life EMS shall adhere to all applicable federal state and local laws ordinances rules and regulations prohibiting discrimination including but not limited to the following

A The Elliott-Larsen Civil Rights Act 1976 PA 453 as amended

B The Persons with Disabilities Civil Rights Act 1976 PA 220 as amended

C Section 504 of the Federal Rehabilitation Act of 1973 PL 93-112 87 Stat

9

355 as amended and regulations promulgated there under

D The Americans with Disabilities Act of 1990 PL 101-336 104 Stat 327 (42 USCA sect12101 et seq) as amended and regulations promulgated there under

Breach of this section shall be regarded as a material breach of this Agreement

12 INDEMNIFICATION AND HOLD HARMLESS Life EMS shall at its own expense protect defend indemnify and hold harmless The Municipalities and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of Life EMS or any of its officers employees or agents which may arise out of this Agreement

The Municipalities shall at their own expense protect defend indemnify and hold harmless Life EMS and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of The Municipalities or any of their officers employees or agents which may arise out of this Agreement

In the event that Life EMS insurance coverages fail to completely fulfill Life EMS indemnification responsibilities under this Agreement Life EMS shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to The Municipalities their officers employees and agents

In the event that The Municipalities insurance coverages fail to completely fulfill The Municipalities indemnification responsibilities under this Agreement The Municipalities shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to Life EMS its officers employees and agents

13 INSURANCE Life EMS shall purchase and maintain insurance not less than the limits set forth below All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan who are acceptable to The Municipalities and have a minimum AM Best Companys Insurance Reports rating of A or A- (Excellent)

A Workers Disability Compensation Insurance inclining Employers Liability Coverage in accordance with all applicable statutes of (the State of Michigan In the event Life

10

EMS uses subcontractors for the performance of services Life EMS shall ensure that said subcontractors carry Workerrsquos Disability Compensation Insurance and Employers Liability Coverage as required by law

B Commercial General Liability Insurance on an lsquoOccurrence Basisrsquo with limits of liability not less than $1000000 per occurrence and $2000000 aggregate combined single limit Personal Injury Bodily Injury and Property Damage Coverage shall include the following 1 Contractual Liability 2 Products and Completed Operations 3 Independent Contractors Coverage 4 Broad Form General Liability Endorsement or Equivalent

C Motor Vehicle Liability Insurance including Michigan No-Fault Coverage with limits of liability of not less than $1000000 per occurrence combined single limit Bodily Injury and Property Damage Coverage shall include all owned vehicles all non-owned vehicles and all hired vehicles

D Medical Professional Liability Insurance covering paramedics emergency medical technicians emergency medical technician specialists and advanced emergency medical technicians in an amount of not less than $100000000 per occurrence and $200000000 aggregate

E Excess Umbrella Liability Coverage covering all of the above stated insurance coverages with a limit of no less than $5000000 per occurrence and aggregate The insurance requirements set forth in B C and D above can be met by combining the coverage afforded in policies providing the required coverage with the excess umbrella liability coverage required herein

F Additional Insured - Commercial General Liability Insurance Motor Vehicle Liability Insurance and Medical Professional Liability Insurance as described above shall include an endorsement stating the following shall be Additional Insureds The Municipalities and their elected and appointed officials employees and agents

G Cancellation Notice - All insurance described above shall include an endorsement stating the following It is understood and agreed that thirty (30) days advanced written notice of cancellation non-renewal reduction andor material change shall be sent to The Municipalitiesrdquo

H Proof of Insurance - Life EMS shall provide The Municipalities at the time this Agreement is returned by it for execution certificate of insurance showing possession of the policies required above If so requested certified copies of ail policies will be furnished

11

I If any of the above coverages expire during the term of the Agreement Life EMS shall deliver renewal certificates andor policies to The Municipalities at least ten (10) days prior to the expiration date

14 WAIVERS

A No failure or delay on the part of either of the Parties to this Agreement in exercising any right power or privilege hereunder shall operate as a waiver thereof nor shall a single or partial exercise of any right power or privilege preclude any other or further exercise of any other right power or privilege

B In no event shall the making by The Municipalities of any payment due to Life EMS constitute or be construed as a waiver by The Municipalities of any breach of a provision of this Agreement or any default which may then exist on the part of Life EMS and the making of any such payment by The Municipalities while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to The Municipalities in respect to such breach or default

15 AMENDMENT OR MODIFICATION All modifications amendments or waivers of any provisions of this Agreement or the Services to be performed hereunder shall be made only by the written mutual consent of the Parties

16 ASSIGNMENT OR SUBCONTRACTING No Party shall assign subcontract or otherwise transfer its duties andor obligations under this Agreement without the prior written consent of The Municipalities

17 APPLICABLE LAW AND VENUE This Agreement shall be construed according to the laws of the State of Michigan In the event any actions arising under this Agreement are brought by or against The Municipalities then The Municipalities and Life EMS acknowledge and agree that the venue for such actions shall be established in accordance with the statutes of the State of Michigan andor Michigan Court Rules In the event that any action is brought under this Agreement in Federal Court the venue for such action shall be the Federal Judicial District of Michigan Western District and Southern Division

18 DISREGARDING TITLES The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement

19 COMPLETE AGREEMENT This Agreement and the attached Addendums to which it refers contain all the terms and conditions agreed upon by the Parties and no other

12

agreements oral or otherwise regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the Parties

20 TERMINATION Notwithstanding any other provision in this Agreement to the contrary this Agreement may be terminated prior to the end of the Agreement term set forth in Section 1 by any of the following means

A By mutual consent of both Parties through an amendment to this Agreement signed by the authorized representatives of both The Municipalities and Life EMS

B By either The Municipalities or Life EMS upon not less than one hundred twenty (120) days prior written notice if after giving notice to the other Party of a default as defined in Section 21 and elsewhere in this Agreement the defaulting Party fails to cure the default within thirty (30) days of receipt of such notice Exercise of such rights or limitation shall not be deemed to be a waiver of any other rights that the terminating Party may have in law or in equity

21 DEFAULT In addition to other grounds for breach or default explicitly referenced elsewhere in this Agreement default can also occur as a result of the following

A Failure to perform the Services required by this Agreement within the time specified herein or any extension thereof

B Failure to comply with any material provision of this Agreement

C Failure to obtain and or maintain insurance of the types and amounts as required in this Agreement

22 SEVERABILITY If any clause or provision of this Agreement is rendered invalid or unenforceable because of any State or Federal statute or regulation or ruling by any tribunal of competent jurisdiction that clause or provision shall be null and void and any such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement Where the deletion of the invalid or unenforceable provision would result in the illegality andor unenforceability of this Agreement this Agreement shall be considered to have terminated as of the date in which the provision was rendered invalid or unenforceable

23 NOTICE All notices shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mail or other comparable mail service postage prepaid addressed to the Party at its address set forth above Notices will be directed to the Administrators for The Municipalities and the President of Life EMS Each Party shall inform the other of who the person(s) is as designated from time to time

13

24 RELATIONSHIP OF PARTIES Nothing in this Agreement shall constitute be construed to be or create a partnership joint venture or lease between Life EMS and the Municipalities The relationship of Life EMS and The Municipalities under this Agreement is as independent contractor

25 MEDIATIONBINDING ARBITRATION In the event a dispute difference or questions shall arise between the Parties touching the construction meaning or effect of this Agreement or the rights or liabilities of the Parties then the Parties will attempt to resolve each dispute difference or question first through mediation consistent with the commercial mediation rules of the American Mediation Association then in effect Such mediation may be initiated by either Party by making a written demand for mediation on the other Party Within thirty (30) days of that demand the Parties shall agree upon a single mediator certified under the rules of the Federal District Court having jurisdiction Any resulting written settlement agreement shall be final and binding upon the Parties and shall be enforceable by the applicable courts having jurisdiction as described below The Parties shall share equally the fee of the mediator

In the event that the Parties cannot agree upon a mediator or in the event that mediation does not fully resolve the matter then each dispute difference or question shall be referred to the arbitration of two different persons one be appointed by each Party If either Party refuses or neglects to appoint an arbitrator within seven (7) days after the other Party has appointed an arbitrator and has served a written notice upol1 the first Party requiring it to make an appointment then the arbitrator appointed shall at the request of the Party appointing him or her proceed to hear and determine the matters in difference as if he or she were an arbitrator appointed by both Parties for that purpose The award or determination which shall be made by the arbitrators or arbitrator shall be final and binding upon the Parties The award shall be made in writing within fourteen (14) days next after the reference to the arbitrators or a later day upon written agreement of the Parties or the arbitrators or arbitrator The general procedure shall conform to the rules of the American Arbitration Association

26 CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT The persons signing on behalf of the Parties to this Agreement certify by their signatures that they are duly authorized to sign this Agreement on behalf of said Parties and that this Agreement has been authorized by said Parties

IN WITNESS WHEREOF the authorized representatives of the Parties have fully signed and entered into this Agreement on the day and year first above written

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 13: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

9

355 as amended and regulations promulgated there under

D The Americans with Disabilities Act of 1990 PL 101-336 104 Stat 327 (42 USCA sect12101 et seq) as amended and regulations promulgated there under

Breach of this section shall be regarded as a material breach of this Agreement

12 INDEMNIFICATION AND HOLD HARMLESS Life EMS shall at its own expense protect defend indemnify and hold harmless The Municipalities and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of Life EMS or any of its officers employees or agents which may arise out of this Agreement

The Municipalities shall at their own expense protect defend indemnify and hold harmless Life EMS and their elected and appointed officers employees and agents from all claims damages costs lawsuits and expenses including but not limited to all costs from administrative proceedings court costs and attorney fees that they may incur as a result of any criminal acts intentional torts acts or omissions which by statute create strict liability negligent acts or omissions of The Municipalities or any of their officers employees or agents which may arise out of this Agreement

In the event that Life EMS insurance coverages fail to completely fulfill Life EMS indemnification responsibilities under this Agreement Life EMS shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to The Municipalities their officers employees and agents

In the event that The Municipalities insurance coverages fail to completely fulfill The Municipalities indemnification responsibilities under this Agreement The Municipalities shall remain responsible for the sum of damages costs and expenses which are in excess of the sum paid out by such insurance coverages on behalf of or reimbursed to Life EMS its officers employees and agents

13 INSURANCE Life EMS shall purchase and maintain insurance not less than the limits set forth below All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan who are acceptable to The Municipalities and have a minimum AM Best Companys Insurance Reports rating of A or A- (Excellent)

A Workers Disability Compensation Insurance inclining Employers Liability Coverage in accordance with all applicable statutes of (the State of Michigan In the event Life

10

EMS uses subcontractors for the performance of services Life EMS shall ensure that said subcontractors carry Workerrsquos Disability Compensation Insurance and Employers Liability Coverage as required by law

B Commercial General Liability Insurance on an lsquoOccurrence Basisrsquo with limits of liability not less than $1000000 per occurrence and $2000000 aggregate combined single limit Personal Injury Bodily Injury and Property Damage Coverage shall include the following 1 Contractual Liability 2 Products and Completed Operations 3 Independent Contractors Coverage 4 Broad Form General Liability Endorsement or Equivalent

C Motor Vehicle Liability Insurance including Michigan No-Fault Coverage with limits of liability of not less than $1000000 per occurrence combined single limit Bodily Injury and Property Damage Coverage shall include all owned vehicles all non-owned vehicles and all hired vehicles

D Medical Professional Liability Insurance covering paramedics emergency medical technicians emergency medical technician specialists and advanced emergency medical technicians in an amount of not less than $100000000 per occurrence and $200000000 aggregate

E Excess Umbrella Liability Coverage covering all of the above stated insurance coverages with a limit of no less than $5000000 per occurrence and aggregate The insurance requirements set forth in B C and D above can be met by combining the coverage afforded in policies providing the required coverage with the excess umbrella liability coverage required herein

F Additional Insured - Commercial General Liability Insurance Motor Vehicle Liability Insurance and Medical Professional Liability Insurance as described above shall include an endorsement stating the following shall be Additional Insureds The Municipalities and their elected and appointed officials employees and agents

G Cancellation Notice - All insurance described above shall include an endorsement stating the following It is understood and agreed that thirty (30) days advanced written notice of cancellation non-renewal reduction andor material change shall be sent to The Municipalitiesrdquo

H Proof of Insurance - Life EMS shall provide The Municipalities at the time this Agreement is returned by it for execution certificate of insurance showing possession of the policies required above If so requested certified copies of ail policies will be furnished

11

I If any of the above coverages expire during the term of the Agreement Life EMS shall deliver renewal certificates andor policies to The Municipalities at least ten (10) days prior to the expiration date

14 WAIVERS

A No failure or delay on the part of either of the Parties to this Agreement in exercising any right power or privilege hereunder shall operate as a waiver thereof nor shall a single or partial exercise of any right power or privilege preclude any other or further exercise of any other right power or privilege

B In no event shall the making by The Municipalities of any payment due to Life EMS constitute or be construed as a waiver by The Municipalities of any breach of a provision of this Agreement or any default which may then exist on the part of Life EMS and the making of any such payment by The Municipalities while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to The Municipalities in respect to such breach or default

15 AMENDMENT OR MODIFICATION All modifications amendments or waivers of any provisions of this Agreement or the Services to be performed hereunder shall be made only by the written mutual consent of the Parties

16 ASSIGNMENT OR SUBCONTRACTING No Party shall assign subcontract or otherwise transfer its duties andor obligations under this Agreement without the prior written consent of The Municipalities

17 APPLICABLE LAW AND VENUE This Agreement shall be construed according to the laws of the State of Michigan In the event any actions arising under this Agreement are brought by or against The Municipalities then The Municipalities and Life EMS acknowledge and agree that the venue for such actions shall be established in accordance with the statutes of the State of Michigan andor Michigan Court Rules In the event that any action is brought under this Agreement in Federal Court the venue for such action shall be the Federal Judicial District of Michigan Western District and Southern Division

18 DISREGARDING TITLES The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement

19 COMPLETE AGREEMENT This Agreement and the attached Addendums to which it refers contain all the terms and conditions agreed upon by the Parties and no other

12

agreements oral or otherwise regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the Parties

20 TERMINATION Notwithstanding any other provision in this Agreement to the contrary this Agreement may be terminated prior to the end of the Agreement term set forth in Section 1 by any of the following means

A By mutual consent of both Parties through an amendment to this Agreement signed by the authorized representatives of both The Municipalities and Life EMS

B By either The Municipalities or Life EMS upon not less than one hundred twenty (120) days prior written notice if after giving notice to the other Party of a default as defined in Section 21 and elsewhere in this Agreement the defaulting Party fails to cure the default within thirty (30) days of receipt of such notice Exercise of such rights or limitation shall not be deemed to be a waiver of any other rights that the terminating Party may have in law or in equity

21 DEFAULT In addition to other grounds for breach or default explicitly referenced elsewhere in this Agreement default can also occur as a result of the following

A Failure to perform the Services required by this Agreement within the time specified herein or any extension thereof

B Failure to comply with any material provision of this Agreement

C Failure to obtain and or maintain insurance of the types and amounts as required in this Agreement

22 SEVERABILITY If any clause or provision of this Agreement is rendered invalid or unenforceable because of any State or Federal statute or regulation or ruling by any tribunal of competent jurisdiction that clause or provision shall be null and void and any such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement Where the deletion of the invalid or unenforceable provision would result in the illegality andor unenforceability of this Agreement this Agreement shall be considered to have terminated as of the date in which the provision was rendered invalid or unenforceable

23 NOTICE All notices shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mail or other comparable mail service postage prepaid addressed to the Party at its address set forth above Notices will be directed to the Administrators for The Municipalities and the President of Life EMS Each Party shall inform the other of who the person(s) is as designated from time to time

13

24 RELATIONSHIP OF PARTIES Nothing in this Agreement shall constitute be construed to be or create a partnership joint venture or lease between Life EMS and the Municipalities The relationship of Life EMS and The Municipalities under this Agreement is as independent contractor

25 MEDIATIONBINDING ARBITRATION In the event a dispute difference or questions shall arise between the Parties touching the construction meaning or effect of this Agreement or the rights or liabilities of the Parties then the Parties will attempt to resolve each dispute difference or question first through mediation consistent with the commercial mediation rules of the American Mediation Association then in effect Such mediation may be initiated by either Party by making a written demand for mediation on the other Party Within thirty (30) days of that demand the Parties shall agree upon a single mediator certified under the rules of the Federal District Court having jurisdiction Any resulting written settlement agreement shall be final and binding upon the Parties and shall be enforceable by the applicable courts having jurisdiction as described below The Parties shall share equally the fee of the mediator

In the event that the Parties cannot agree upon a mediator or in the event that mediation does not fully resolve the matter then each dispute difference or question shall be referred to the arbitration of two different persons one be appointed by each Party If either Party refuses or neglects to appoint an arbitrator within seven (7) days after the other Party has appointed an arbitrator and has served a written notice upol1 the first Party requiring it to make an appointment then the arbitrator appointed shall at the request of the Party appointing him or her proceed to hear and determine the matters in difference as if he or she were an arbitrator appointed by both Parties for that purpose The award or determination which shall be made by the arbitrators or arbitrator shall be final and binding upon the Parties The award shall be made in writing within fourteen (14) days next after the reference to the arbitrators or a later day upon written agreement of the Parties or the arbitrators or arbitrator The general procedure shall conform to the rules of the American Arbitration Association

26 CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT The persons signing on behalf of the Parties to this Agreement certify by their signatures that they are duly authorized to sign this Agreement on behalf of said Parties and that this Agreement has been authorized by said Parties

IN WITNESS WHEREOF the authorized representatives of the Parties have fully signed and entered into this Agreement on the day and year first above written

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 14: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

10

EMS uses subcontractors for the performance of services Life EMS shall ensure that said subcontractors carry Workerrsquos Disability Compensation Insurance and Employers Liability Coverage as required by law

B Commercial General Liability Insurance on an lsquoOccurrence Basisrsquo with limits of liability not less than $1000000 per occurrence and $2000000 aggregate combined single limit Personal Injury Bodily Injury and Property Damage Coverage shall include the following 1 Contractual Liability 2 Products and Completed Operations 3 Independent Contractors Coverage 4 Broad Form General Liability Endorsement or Equivalent

C Motor Vehicle Liability Insurance including Michigan No-Fault Coverage with limits of liability of not less than $1000000 per occurrence combined single limit Bodily Injury and Property Damage Coverage shall include all owned vehicles all non-owned vehicles and all hired vehicles

D Medical Professional Liability Insurance covering paramedics emergency medical technicians emergency medical technician specialists and advanced emergency medical technicians in an amount of not less than $100000000 per occurrence and $200000000 aggregate

E Excess Umbrella Liability Coverage covering all of the above stated insurance coverages with a limit of no less than $5000000 per occurrence and aggregate The insurance requirements set forth in B C and D above can be met by combining the coverage afforded in policies providing the required coverage with the excess umbrella liability coverage required herein

F Additional Insured - Commercial General Liability Insurance Motor Vehicle Liability Insurance and Medical Professional Liability Insurance as described above shall include an endorsement stating the following shall be Additional Insureds The Municipalities and their elected and appointed officials employees and agents

G Cancellation Notice - All insurance described above shall include an endorsement stating the following It is understood and agreed that thirty (30) days advanced written notice of cancellation non-renewal reduction andor material change shall be sent to The Municipalitiesrdquo

H Proof of Insurance - Life EMS shall provide The Municipalities at the time this Agreement is returned by it for execution certificate of insurance showing possession of the policies required above If so requested certified copies of ail policies will be furnished

11

I If any of the above coverages expire during the term of the Agreement Life EMS shall deliver renewal certificates andor policies to The Municipalities at least ten (10) days prior to the expiration date

14 WAIVERS

A No failure or delay on the part of either of the Parties to this Agreement in exercising any right power or privilege hereunder shall operate as a waiver thereof nor shall a single or partial exercise of any right power or privilege preclude any other or further exercise of any other right power or privilege

B In no event shall the making by The Municipalities of any payment due to Life EMS constitute or be construed as a waiver by The Municipalities of any breach of a provision of this Agreement or any default which may then exist on the part of Life EMS and the making of any such payment by The Municipalities while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to The Municipalities in respect to such breach or default

15 AMENDMENT OR MODIFICATION All modifications amendments or waivers of any provisions of this Agreement or the Services to be performed hereunder shall be made only by the written mutual consent of the Parties

16 ASSIGNMENT OR SUBCONTRACTING No Party shall assign subcontract or otherwise transfer its duties andor obligations under this Agreement without the prior written consent of The Municipalities

17 APPLICABLE LAW AND VENUE This Agreement shall be construed according to the laws of the State of Michigan In the event any actions arising under this Agreement are brought by or against The Municipalities then The Municipalities and Life EMS acknowledge and agree that the venue for such actions shall be established in accordance with the statutes of the State of Michigan andor Michigan Court Rules In the event that any action is brought under this Agreement in Federal Court the venue for such action shall be the Federal Judicial District of Michigan Western District and Southern Division

18 DISREGARDING TITLES The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement

19 COMPLETE AGREEMENT This Agreement and the attached Addendums to which it refers contain all the terms and conditions agreed upon by the Parties and no other

12

agreements oral or otherwise regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the Parties

20 TERMINATION Notwithstanding any other provision in this Agreement to the contrary this Agreement may be terminated prior to the end of the Agreement term set forth in Section 1 by any of the following means

A By mutual consent of both Parties through an amendment to this Agreement signed by the authorized representatives of both The Municipalities and Life EMS

B By either The Municipalities or Life EMS upon not less than one hundred twenty (120) days prior written notice if after giving notice to the other Party of a default as defined in Section 21 and elsewhere in this Agreement the defaulting Party fails to cure the default within thirty (30) days of receipt of such notice Exercise of such rights or limitation shall not be deemed to be a waiver of any other rights that the terminating Party may have in law or in equity

21 DEFAULT In addition to other grounds for breach or default explicitly referenced elsewhere in this Agreement default can also occur as a result of the following

A Failure to perform the Services required by this Agreement within the time specified herein or any extension thereof

B Failure to comply with any material provision of this Agreement

C Failure to obtain and or maintain insurance of the types and amounts as required in this Agreement

22 SEVERABILITY If any clause or provision of this Agreement is rendered invalid or unenforceable because of any State or Federal statute or regulation or ruling by any tribunal of competent jurisdiction that clause or provision shall be null and void and any such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement Where the deletion of the invalid or unenforceable provision would result in the illegality andor unenforceability of this Agreement this Agreement shall be considered to have terminated as of the date in which the provision was rendered invalid or unenforceable

23 NOTICE All notices shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mail or other comparable mail service postage prepaid addressed to the Party at its address set forth above Notices will be directed to the Administrators for The Municipalities and the President of Life EMS Each Party shall inform the other of who the person(s) is as designated from time to time

13

24 RELATIONSHIP OF PARTIES Nothing in this Agreement shall constitute be construed to be or create a partnership joint venture or lease between Life EMS and the Municipalities The relationship of Life EMS and The Municipalities under this Agreement is as independent contractor

25 MEDIATIONBINDING ARBITRATION In the event a dispute difference or questions shall arise between the Parties touching the construction meaning or effect of this Agreement or the rights or liabilities of the Parties then the Parties will attempt to resolve each dispute difference or question first through mediation consistent with the commercial mediation rules of the American Mediation Association then in effect Such mediation may be initiated by either Party by making a written demand for mediation on the other Party Within thirty (30) days of that demand the Parties shall agree upon a single mediator certified under the rules of the Federal District Court having jurisdiction Any resulting written settlement agreement shall be final and binding upon the Parties and shall be enforceable by the applicable courts having jurisdiction as described below The Parties shall share equally the fee of the mediator

In the event that the Parties cannot agree upon a mediator or in the event that mediation does not fully resolve the matter then each dispute difference or question shall be referred to the arbitration of two different persons one be appointed by each Party If either Party refuses or neglects to appoint an arbitrator within seven (7) days after the other Party has appointed an arbitrator and has served a written notice upol1 the first Party requiring it to make an appointment then the arbitrator appointed shall at the request of the Party appointing him or her proceed to hear and determine the matters in difference as if he or she were an arbitrator appointed by both Parties for that purpose The award or determination which shall be made by the arbitrators or arbitrator shall be final and binding upon the Parties The award shall be made in writing within fourteen (14) days next after the reference to the arbitrators or a later day upon written agreement of the Parties or the arbitrators or arbitrator The general procedure shall conform to the rules of the American Arbitration Association

26 CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT The persons signing on behalf of the Parties to this Agreement certify by their signatures that they are duly authorized to sign this Agreement on behalf of said Parties and that this Agreement has been authorized by said Parties

IN WITNESS WHEREOF the authorized representatives of the Parties have fully signed and entered into this Agreement on the day and year first above written

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 15: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

11

I If any of the above coverages expire during the term of the Agreement Life EMS shall deliver renewal certificates andor policies to The Municipalities at least ten (10) days prior to the expiration date

14 WAIVERS

A No failure or delay on the part of either of the Parties to this Agreement in exercising any right power or privilege hereunder shall operate as a waiver thereof nor shall a single or partial exercise of any right power or privilege preclude any other or further exercise of any other right power or privilege

B In no event shall the making by The Municipalities of any payment due to Life EMS constitute or be construed as a waiver by The Municipalities of any breach of a provision of this Agreement or any default which may then exist on the part of Life EMS and the making of any such payment by The Municipalities while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to The Municipalities in respect to such breach or default

15 AMENDMENT OR MODIFICATION All modifications amendments or waivers of any provisions of this Agreement or the Services to be performed hereunder shall be made only by the written mutual consent of the Parties

16 ASSIGNMENT OR SUBCONTRACTING No Party shall assign subcontract or otherwise transfer its duties andor obligations under this Agreement without the prior written consent of The Municipalities

17 APPLICABLE LAW AND VENUE This Agreement shall be construed according to the laws of the State of Michigan In the event any actions arising under this Agreement are brought by or against The Municipalities then The Municipalities and Life EMS acknowledge and agree that the venue for such actions shall be established in accordance with the statutes of the State of Michigan andor Michigan Court Rules In the event that any action is brought under this Agreement in Federal Court the venue for such action shall be the Federal Judicial District of Michigan Western District and Southern Division

18 DISREGARDING TITLES The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement

19 COMPLETE AGREEMENT This Agreement and the attached Addendums to which it refers contain all the terms and conditions agreed upon by the Parties and no other

12

agreements oral or otherwise regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the Parties

20 TERMINATION Notwithstanding any other provision in this Agreement to the contrary this Agreement may be terminated prior to the end of the Agreement term set forth in Section 1 by any of the following means

A By mutual consent of both Parties through an amendment to this Agreement signed by the authorized representatives of both The Municipalities and Life EMS

B By either The Municipalities or Life EMS upon not less than one hundred twenty (120) days prior written notice if after giving notice to the other Party of a default as defined in Section 21 and elsewhere in this Agreement the defaulting Party fails to cure the default within thirty (30) days of receipt of such notice Exercise of such rights or limitation shall not be deemed to be a waiver of any other rights that the terminating Party may have in law or in equity

21 DEFAULT In addition to other grounds for breach or default explicitly referenced elsewhere in this Agreement default can also occur as a result of the following

A Failure to perform the Services required by this Agreement within the time specified herein or any extension thereof

B Failure to comply with any material provision of this Agreement

C Failure to obtain and or maintain insurance of the types and amounts as required in this Agreement

22 SEVERABILITY If any clause or provision of this Agreement is rendered invalid or unenforceable because of any State or Federal statute or regulation or ruling by any tribunal of competent jurisdiction that clause or provision shall be null and void and any such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement Where the deletion of the invalid or unenforceable provision would result in the illegality andor unenforceability of this Agreement this Agreement shall be considered to have terminated as of the date in which the provision was rendered invalid or unenforceable

23 NOTICE All notices shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mail or other comparable mail service postage prepaid addressed to the Party at its address set forth above Notices will be directed to the Administrators for The Municipalities and the President of Life EMS Each Party shall inform the other of who the person(s) is as designated from time to time

13

24 RELATIONSHIP OF PARTIES Nothing in this Agreement shall constitute be construed to be or create a partnership joint venture or lease between Life EMS and the Municipalities The relationship of Life EMS and The Municipalities under this Agreement is as independent contractor

25 MEDIATIONBINDING ARBITRATION In the event a dispute difference or questions shall arise between the Parties touching the construction meaning or effect of this Agreement or the rights or liabilities of the Parties then the Parties will attempt to resolve each dispute difference or question first through mediation consistent with the commercial mediation rules of the American Mediation Association then in effect Such mediation may be initiated by either Party by making a written demand for mediation on the other Party Within thirty (30) days of that demand the Parties shall agree upon a single mediator certified under the rules of the Federal District Court having jurisdiction Any resulting written settlement agreement shall be final and binding upon the Parties and shall be enforceable by the applicable courts having jurisdiction as described below The Parties shall share equally the fee of the mediator

In the event that the Parties cannot agree upon a mediator or in the event that mediation does not fully resolve the matter then each dispute difference or question shall be referred to the arbitration of two different persons one be appointed by each Party If either Party refuses or neglects to appoint an arbitrator within seven (7) days after the other Party has appointed an arbitrator and has served a written notice upol1 the first Party requiring it to make an appointment then the arbitrator appointed shall at the request of the Party appointing him or her proceed to hear and determine the matters in difference as if he or she were an arbitrator appointed by both Parties for that purpose The award or determination which shall be made by the arbitrators or arbitrator shall be final and binding upon the Parties The award shall be made in writing within fourteen (14) days next after the reference to the arbitrators or a later day upon written agreement of the Parties or the arbitrators or arbitrator The general procedure shall conform to the rules of the American Arbitration Association

26 CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT The persons signing on behalf of the Parties to this Agreement certify by their signatures that they are duly authorized to sign this Agreement on behalf of said Parties and that this Agreement has been authorized by said Parties

IN WITNESS WHEREOF the authorized representatives of the Parties have fully signed and entered into this Agreement on the day and year first above written

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 16: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

12

agreements oral or otherwise regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the Parties

20 TERMINATION Notwithstanding any other provision in this Agreement to the contrary this Agreement may be terminated prior to the end of the Agreement term set forth in Section 1 by any of the following means

A By mutual consent of both Parties through an amendment to this Agreement signed by the authorized representatives of both The Municipalities and Life EMS

B By either The Municipalities or Life EMS upon not less than one hundred twenty (120) days prior written notice if after giving notice to the other Party of a default as defined in Section 21 and elsewhere in this Agreement the defaulting Party fails to cure the default within thirty (30) days of receipt of such notice Exercise of such rights or limitation shall not be deemed to be a waiver of any other rights that the terminating Party may have in law or in equity

21 DEFAULT In addition to other grounds for breach or default explicitly referenced elsewhere in this Agreement default can also occur as a result of the following

A Failure to perform the Services required by this Agreement within the time specified herein or any extension thereof

B Failure to comply with any material provision of this Agreement

C Failure to obtain and or maintain insurance of the types and amounts as required in this Agreement

22 SEVERABILITY If any clause or provision of this Agreement is rendered invalid or unenforceable because of any State or Federal statute or regulation or ruling by any tribunal of competent jurisdiction that clause or provision shall be null and void and any such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement Where the deletion of the invalid or unenforceable provision would result in the illegality andor unenforceability of this Agreement this Agreement shall be considered to have terminated as of the date in which the provision was rendered invalid or unenforceable

23 NOTICE All notices shall be in writing and shall be deemed given when personally delivered or when deposited in the United States mail or other comparable mail service postage prepaid addressed to the Party at its address set forth above Notices will be directed to the Administrators for The Municipalities and the President of Life EMS Each Party shall inform the other of who the person(s) is as designated from time to time

13

24 RELATIONSHIP OF PARTIES Nothing in this Agreement shall constitute be construed to be or create a partnership joint venture or lease between Life EMS and the Municipalities The relationship of Life EMS and The Municipalities under this Agreement is as independent contractor

25 MEDIATIONBINDING ARBITRATION In the event a dispute difference or questions shall arise between the Parties touching the construction meaning or effect of this Agreement or the rights or liabilities of the Parties then the Parties will attempt to resolve each dispute difference or question first through mediation consistent with the commercial mediation rules of the American Mediation Association then in effect Such mediation may be initiated by either Party by making a written demand for mediation on the other Party Within thirty (30) days of that demand the Parties shall agree upon a single mediator certified under the rules of the Federal District Court having jurisdiction Any resulting written settlement agreement shall be final and binding upon the Parties and shall be enforceable by the applicable courts having jurisdiction as described below The Parties shall share equally the fee of the mediator

In the event that the Parties cannot agree upon a mediator or in the event that mediation does not fully resolve the matter then each dispute difference or question shall be referred to the arbitration of two different persons one be appointed by each Party If either Party refuses or neglects to appoint an arbitrator within seven (7) days after the other Party has appointed an arbitrator and has served a written notice upol1 the first Party requiring it to make an appointment then the arbitrator appointed shall at the request of the Party appointing him or her proceed to hear and determine the matters in difference as if he or she were an arbitrator appointed by both Parties for that purpose The award or determination which shall be made by the arbitrators or arbitrator shall be final and binding upon the Parties The award shall be made in writing within fourteen (14) days next after the reference to the arbitrators or a later day upon written agreement of the Parties or the arbitrators or arbitrator The general procedure shall conform to the rules of the American Arbitration Association

26 CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT The persons signing on behalf of the Parties to this Agreement certify by their signatures that they are duly authorized to sign this Agreement on behalf of said Parties and that this Agreement has been authorized by said Parties

IN WITNESS WHEREOF the authorized representatives of the Parties have fully signed and entered into this Agreement on the day and year first above written

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 17: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

13

24 RELATIONSHIP OF PARTIES Nothing in this Agreement shall constitute be construed to be or create a partnership joint venture or lease between Life EMS and the Municipalities The relationship of Life EMS and The Municipalities under this Agreement is as independent contractor

25 MEDIATIONBINDING ARBITRATION In the event a dispute difference or questions shall arise between the Parties touching the construction meaning or effect of this Agreement or the rights or liabilities of the Parties then the Parties will attempt to resolve each dispute difference or question first through mediation consistent with the commercial mediation rules of the American Mediation Association then in effect Such mediation may be initiated by either Party by making a written demand for mediation on the other Party Within thirty (30) days of that demand the Parties shall agree upon a single mediator certified under the rules of the Federal District Court having jurisdiction Any resulting written settlement agreement shall be final and binding upon the Parties and shall be enforceable by the applicable courts having jurisdiction as described below The Parties shall share equally the fee of the mediator

In the event that the Parties cannot agree upon a mediator or in the event that mediation does not fully resolve the matter then each dispute difference or question shall be referred to the arbitration of two different persons one be appointed by each Party If either Party refuses or neglects to appoint an arbitrator within seven (7) days after the other Party has appointed an arbitrator and has served a written notice upol1 the first Party requiring it to make an appointment then the arbitrator appointed shall at the request of the Party appointing him or her proceed to hear and determine the matters in difference as if he or she were an arbitrator appointed by both Parties for that purpose The award or determination which shall be made by the arbitrators or arbitrator shall be final and binding upon the Parties The award shall be made in writing within fourteen (14) days next after the reference to the arbitrators or a later day upon written agreement of the Parties or the arbitrators or arbitrator The general procedure shall conform to the rules of the American Arbitration Association

26 CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT The persons signing on behalf of the Parties to this Agreement certify by their signatures that they are duly authorized to sign this Agreement on behalf of said Parties and that this Agreement has been authorized by said Parties

IN WITNESS WHEREOF the authorized representatives of the Parties have fully signed and entered into this Agreement on the day and year first above written

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 18: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

14

THE MUNICIPALITIES

City of Fennville

Dated_______________________ By _________________________________ Title__________________________

Clyde Township

Dated_______________________ By _________________________________ Title__________________________

Ganges Township

Dated_______________________ By _________________________________ Title__________________________ Lee Township

Dated_______________________ By _________________________________ Title__________________________

Manlius Township

Dated_______________________ By _________________________________ Title__________________________

Saugatuck Township

Dated_______________________ By _________________________________ Title__________________________

LIFE EMS AMBULANCE

Dated By Mark Meijer President

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 19: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

15

Addendum A

Fennville Area Ambulance Response Fees

BASE RATES Non-Emergency $52900 Emergency $74900 ALS Non-Emergency $74900 ALS Emergency $79900 ALS 2 $84900 SCT $97900 On Scene TreatmentAssessment $59900 Lift Assist $9500 + Bariatric Lift Assist $9500 + Special Equipment amp Handling (Haz Mat etc) $5000 + TreatmentWaiting Time After 30 Minutes $3000 + Per 15 minute Increments Mileage (Divided by number of patients Loaded miles only) Mileage Charge (rate per mile) $1650

The above fees may be revised by Life EMS at its discretion and implemented following a

30-day notice to municipalities

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 20: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

16

Addendum B

Annual Service Retention Fee (Paid quarterly at the beginning of each quarter)

1) The annual service retention fee amount is based upon Life EMS being the exclusive provider of the Services within the Municipalities listed in this Agreement The retention fee is necessary to address the anticipated shortfall that will remain after collecting the fee for services payments The retention fees for service during the initial 3-year contract period are defined below

Year 1 $19500000 Year 2 $21217500 Year 3 $21747900

The annual service retention fee for year 4 and beyond will increase by 25 effective August 1st of each calendar year unless mutually agreed upon by both parties

2) The service retention fee will be divided among the participating Municipalities included in this agreement as described below

City of Fennville 20 Clyde Township 20 Ganges Township 20 Lee Township 20 Manlius Township 10

(South of the Kalamazoo River) Saugatuck Township 10

(South of the Kalamazoo River) 3) The Municipalities may amend the above distribution of the total annual service retention fee so long as the total amount of the service retention fee remains consistent with the terms of this agreement

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 21: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

17

Addendum C

Fennville Service Area As Covered by the Agreement

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 22: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 9 Hagger Tree Removal The City Commission will be asked to consider reimbursing Steve Hagger $1050 for the removal of a tree within the City right of way Background Information Last last year the City was contacted by Steve Hagger about a dead tree within the right of way at his home We were coordinating this along with a couple of other tree trimmingsremovals and working on getting quotes for the work In the meantime the property owner contracted to have the tree removed on his own and is requesting the City reimburse him for those expenses totaling $1050 This is not the typical process for tree removal and city staff is not authorized to approve reimbursements of this nature so we are seeking the City Commissionrsquos approval of the reimbursement Attachment(s) middot Receipts for tree removal Recommended Action Motion to authorize the reimbursement of $1050 to Steve Hagger for the removal of a tree within the City right of way

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 23: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 10 Landsburg Road Notice of Award The City Commission will be asked to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT Background Information The City has received a grant from MDOT for the reconstruction of several roads within the City Portions of Reynolds and 58th Street and the most easterly 1300rsquo of Landsburg Road The portions of road adjacent to the water projects was bid with the USDA projects and construction will occur with those projects The Landsburg Road portion of the projects were bid separately The contractor has indicated that should we be able to get everything approved fairly quickly that they could begin as early as June The City Commission is being asked to authorize the notice of award with the contingency of receiving the final notice to proceed from MDOT MDOT has received the bid tabulation information and is working to complete that notice hopefully early next week They have authorized us to see approval of the notice of award with the contingency Attachment(s) middot Engineering Letter middot Bid Tabulation middot Notice of Award Recommended Action Motion to authorize the City Administrator to issue a Notice of Award for the Landsburg Road Project to Lite Loads in the amount of $6081030 contingent on receiving the Notice to Proceed from MDOT

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 24: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

s20202200351 city of fennvillecorltr 2020-05-15 [morgan] bid tabulationdocx

May 15 2020 2180424 Ms Amanda Morgan City Administrator City of Fennville 125 S Maple Street Fennville MI 49408 RE Landsburg Road Reconstruction (TEDF) ndash Bid Tabulation and Notice of Award City of Fennville Dear Amanda Please find enclosed for your use the bid tabulations for the subject project Lite Load Service LLC is low bidder in the amount of $6081030 Lite Load Service has indicated they are comfortable with their bid Lite Load Service has successfully completed paving projects in several local communities in recent years PreinampNewhof has worked with them in the past The project has a completion date of September 15 2020 as required by MDOT TEDF grant funding which will provide 50 of the funding for this construction Lite Load Service has indicated they would like to begin as soon as possible A Notice of Award is enclosed for your review and signature if you are ready to award the project Once the Notice of Award is signed I will request bonds and insurance from Lite Load Service and schedule a preconstruction meeting for 2 weeks from now The award should be contingent on receiving a Notice to Proceed from MDOT for the MDOT Contract 20-5135 (Category B Grant 24) If you have any questions please contact our office Sincerely PreinampNewhof

Dana R Burd PE Enclosures Bid Tabulation and Notice of Award c VIA EMAIL Cathey Sampselle MDOT

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 25: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

3355 Evergreen Dr NE Grand Rapids MI 49525 t (616) 364-8491 f (616) 364-6955

Bid Tabulation1st 2nd 3rd

Item No Description Quantity Unit Unit Price Unit Price Unit Price

1 HMA Base Crushing amp Shaping 120 STA $74200 $890400 $150000 $1800000 $230000 $2760000

2 Aggregate Shoulder 6 Inch 5350 Syd $550 $294250 $500 $267500 $1300 $695500

3 HMA 13A 5000 Ton $8621 $4310500 $9021 $4510500 $9100 $4550000

4 HMA Drive Mill 1400 Syd $742 $103880 $800 $112000 $1300 $182000

5 Erosion Control Rip-Rap Plain 80 Syd $4000 $32000 $3500 $28000 $11500 $92000

6 Erosion Control Mulch Blanket 900 Syd $200 $18000 $150 $13500 $500 $45000

7 Turf Restoration 120 STA $36000 $432000 $35000 $420000 $65000 $780000

$6081030 $7151500 $9104500

Denotes correction made by Engineer

Total Bid

Bid Date amp Time Project

May 14 2020 1000 am 2200351

Owner

City of FennvilleProject Title

Landsburg Road Reconstruction

Total Amount Total Amount Total Amount

Lite Load Service3866 40th Street

Hamilton MI 49419

Als Excavating4515 134th Avenue

Hamilton MI 49419

Kalin Construction2663 Yore Ave

Sodus MI 49126

page 1 of 1 grfileservershared20202200351 City of FennvilleCDSbid tab 2020-05-14 Landsburg Rd

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 26: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

EJCDCreg C-510 Notice of Award Copyrightcopy 2018 National Society of Professional Engineers American Council of Engineering Companies

and American Society of Civil Engineers All rights reserved Page 1 of 1

S20202200351 City of FennvilleCDSNotice of Award -Fennville Landsburg Roaddocx

NOTICE OF AWARD

Date of Issuance May 18 2020

Owner City of Fennville Ownerrsquos Project No

Engineer PreinampNewhof Engineerrsquos Project No 2200351

Project Landsburg Road Reconstruction

Contract Name

Bidder Lite Load Service LLC

Bidderrsquos Address 3866 ndash 40th Street Hamilton MI 49419

You are notified that Owner has accepted your Bid dated __May 14 2020___ for the above Contract and that you are the Successful Bidder and are awarded a Contract for

Landsburg Road Reconstruction Project

The Contract Price of the awarded Contract is $_6081030______ Contract Price is subject to adjustment based on the provisions of the Contract including but not limited to those governing changes Unit Price Work and Work performed on a cost-plus-fee basis as applicable

[3] unexecuted counterparts of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award or has been transmitted or made available to Bidder electronically

Drawings will be delivered separately from the other Contract Documents

You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award

1 Deliver to Owner [3] counterparts of the Agreement signed by Bidder (as Contractor)

2 Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation as specified in the Instructions to Bidders and in the General Conditions Supplementary Conditions Article 6 and Insurance Specifications

3 Other conditions precedent (if any) This Notice of Award is contingent upon the City of Fennville receiving a Notice to Proceed from Michigan Department of Transportation for the MDOT Contract 20-5135 (Category B Grant 24)

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default annul this Notice of Award and declare your Bid security forfeited

Within 10 days after you comply with the above conditions Owner will return to you one fully signed counterpart of the Agreement together with any additional copies of the Contract Documents as indicated in Paragraph 202 of the General Conditions

Owner

By (signature)

Name (printed) Amanda Morgan

Title City Administrator

Copy PreinampNewhof

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 27: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

Memo DATE May 15 2020 TO City Commission FROM Amanda Morgan City Administrator SUBJECT Agenda Item 11 Additional Engineering The City Commission will be asked to consider authorizing additional engineering fees up to $42000 for the USDA Water Projects Background Information We are nearing the construction phase of the USDA Water projects and as we approach this next phase staff and the project engineers are requesting the City Commission consider authorizing additional engineering fees up to $42000 related to the USDA Water projects There are a number of factors outlined in the email from PampN related to the reasoning for the additional requests including

middot Some of the items we were hoping to address with room in the original budget (such as initial M89 project coordination additional work on east Reynolds street to add WM replacement there status meetings with Paul throughout etc) but we ran short

middot Some of the items were more involved than originally planned (such as MDOT permit EGLE permit checks of project cost splits)

middot Lastly some of the items are estimated to allow for additional field time and coordination given the extended timeframe and selected contractor

You will see from the attached breakdown that most of the additional request is related to oversight and administration during the construction phase This increase is being requested specifically based on feedback we received while vetting the low bidding contractor While most of it could be addressed within the project contingency if needed we are hoping to keep a fairly low contingency only 5 and also based on feedback felt it was best to not to rely on that for engineering fees However even though this will add additional expenses to the project the projected interest rate is now only 1876 down from the 325 we were originally guaranteed so even though we anticipate slightly higher project costs the annual payment is much less than originally forecasted Attachment(s) middot PampN Engineer Email middot Additional Fees Request middot Total Project Costs as Bid Recommended Action Motion to authorizing additional engineering fees up to $42000 for the USDA Water Projects

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 28: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

From Dana BurdTo Amanda MorganSubject Fennville USDA Water - request for additional engineering and inspection fees in draft project budgetDate Wednesday May 13 2020 62315 PMAttachments Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13pdf

2020-05-13 Total Project Cost - As Bid pdf

CAUTION This email originated from outside of the organization Do not click links or open attachments unless yourecognize the sender and know the content is safe

Amanda Irsquove attached some additional detail on my request for additional engineering fees Some of the items we were hoping to address with room in the original budget (such as initial M89project coordination additional work on east Reynolds street to add WM replacement there statusmeetings with Paul throughout etc) but we ran short Some of the items were more involved than originally planned (such as MDOT permit EGLE permitchecks of project cost splits) Lastly some of the items are estimated to allow for additional field time and coordination given theextended timeframe and selected contractor The attached may provide more detail than you need but I wanted to share so you can see howwhat our fee estimates were based on originally with notes on each item now requested Please let me know if you want to discuss any of these items Irsquod be glad to Thank you Dana R Burd PE LEED APPreinampNewhofd 616-432-6693 c 616-322-4001Website | Blog | LinkedIn

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 29: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 30: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

CITY OF FENNVILLE

PRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3

updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000

Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000

Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000

Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000

Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000

Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000

Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100

Contract 1 Water Main - Section 1 $61226400

Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000

C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000

C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500

MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000

TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000

estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original notice

Supplemental Bond Notice 31120 $25000000

Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 31: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

Scope of Work amp Professional Services - Additional Fees Request May 13 2020Fennville Water (USDA) 2180424

Fees do not include MDOT M89 Drainage in Jim Davis Agreement

Preliminary Engineering

Meetings with USDA Representative 8 $91600 8 $100000 Additional coordination with Paul Bristol throughout extended project timeframe

Meetings with City City Professional Team MDOT 30 $336000 12 $150000 Meetings with MDOT on M89 projects done under USDA and ROW mapping assistance

Topographic Survey 4 $1252800

PublicPrivate utility research 12 $110400 4 $50000 Design change to add East Reynolds water main record plan and water service research

soil borings (assume 1 per site for 4 total at 8-10) 0 $275000

Preliminary Engineering Sub-Total $2065800 $300000

Design Engineering

Design -water - four sites 42 $422400 20 $250000 Design change to add East Reynolds water main ammend PER survey design and drafting

traffic 18 $171600 12 $150000 Design options with MDOT right of way on sewer crossing and drainage MOT plans

storm 11 $110200

sanitary 11 $110200

service meters - separate bid contract use RPR for field time 60 $612000 8 $100000 Meetings with meter reps including prep and review specification detail bid questions

Drafting 80 $1000000

Specs 24 $214400

Special ProvisionsSpecifications - USDA requirements 26 $257200

Quality Assurance 4 $48800

Preliminary Engineers Estimate 14 $134800 8 $100000 Project cost review and splits for TEDF MDOT drainage RD loan and Non RD City costs

90 Design QAQC (EngDraftSurvey) 8 $98800

Revisions 40 $486800

Construction Estimate 4 $42800

Permits - MDOT 8 $73600 6 $75000 MDOT right of way permit revisions and resubmittals

Permits - DEQ Watersewer 6 $55200 14 $175000 EGLE water main permit revisions and resubmittals lost prints costs to print and ship

Permits - acdc 4 $36800

Permits - sesc 2 $18400

Final Engineers Estimate 10 $98000

Client Meeting (90) 12 $128400

Project Administration 16 $152800 6 $75000 Estimated needed to split out billing and invoicing details for USDA reimbursement

Design Engineering Sub-Total $4273200 $925000

Bidding

Bidding Assistance (Bid tabs etc) 22 $208400 8 $100000 Project cost review splits for TEDF MDOT drainage RD loan and Non RD City costs

Funding Assistance - post Bid with USDA Loan Closing 12 $140400 12 $150000 Estimated needed between now and closing agreement ammendments

Design Engineering Sub-Total $348800 $250000

Construction

Pre-Construction Meeting 12 $128400

shop drawingscert letter AIS 20 $184000

bondsinsurance 6 $55200

Construction Staking - USDA additional services $1210000

Testing $550000

Construction Observation (RPR full time) 400 $3680000 175 $1715000 Estimated needed for 14 weeks FT inspection over extended schedule increased by 4 weeks

Record Drawings 40 $459200

Pay Estimates 24 $244800 20 $250000 Estimated due to extended schedule and selected contractor additoinal pay estimates

Project Administration 24 $268800 30 $375000 Estimated due to extended schedule and selected contractor weekly C2 meter meetings

progress meetings (assumed 2) 12 $128400 12 $150000 Estimated due to extended schedule and selected contractor assumed add 2 meeitngs

punch list 18 $171600 12 $150000 Estimated due to selected contractor warranty inspection

Construction Sub-Total $7080400 $2640000

Total Estimated Services Total Additional Fees - estimated May 13 2020

2019-2020 bill rates up 3 fees estimated above are divided into USDA project budget categories

Total Estimated Services 2019-2020 42000$ Total Additonal Fees - May 13 2020 in Project Budget Table 3 update

small percentage of fee requested related to Non RD funds

Additional Service Fees Requested

13768200$

14181246$

4115000$

Total Cost Add HoursTotal Hours

Original Budget

Add Cost Notes

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 32: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

CITY OF FENNVILLEPRELIMINARY ENGINEERING REPORT

Total Project Costs

2180424 - USDA TABLE 3updated 51320 As Bid

RD Funds Non RD funds Total

1 Bond Counsel $850000 $000 $850000

2 Land Structures Easements ROW etc $000 $000 $000

3 Relocation Expenses amp Payments $000 $000 $000

4 Engineering Fees (Basic Services) $11100000 $2500000 $13600000Original E500 Amount $8700000 $400000

Additional - MDOT M89 Drainage $000 $2000000Additional - Requested 51320 $2400000 $100000

5 Other Engineering Fees (Additional Services) $1200000 $200000 $1400000Original E500 Amount $1200000 $000

Additional - MDOT M89 Drainage $000 $200000Additional - Requested 51320 $000 $000

6 Project Inspection Fees (RPR) $5200000 $1100000 $6300000Original E500 Amount $3600000 $200000

Additional - MDOT M89 Drainage $000 $800000Additional - Requested 51320 $1600000 $100000

7 Development Construction Costs (As Bid ) $99303600 $36690500 $135994100Contract 1 Water Main - Section 1 $61226400Contract 1 Water Main - Section 2 $36190500

C1 Alt 1 Reynolds WM $3232000C1 Alt 2 South Maple WM $3932200

C1 Alt 3 Well Abandonment $1000000C1 Alt 4 Sanitary Spot Repair $500000

Contract 2 Meter Replacement $29913000

8 Equipment $000 $000 $000

9 Local Legal $500000 $000 $500000

10 Other Municipal Financial Advisor $950000 $000 $950000

11 Other AdminstrativeReimbursements $300000 $000 $300000

12 Contingencies - 5 of construction $5000000 $1800000 $6800000

TOTAL $124403600 $42290500 $166694100

Non RD Funds Provided to City from Other Sources $21383500MDOT M89 Drainage Construction Costs from Bid Tab $13533500

MDOT M89 Drainage Eng+Add Serv+RPR Cost $3000000TEDF Category B Grant for North 58th and Reynolds $4850000

Non RD Funds to be Provided by the City Directly $20907000

Original PER Amounts are listed here $111500000 $24000000 $135500000 estimated amount over originally estimated loan $12903600

Original Bond Notice $125000000 project is below original noticeSupplemental Bond Notice 31120 $25000000Previously Paid City Cost - USDA PER PampN Fees $1250000 not included above

Previously Paid City Cost - Additional Easements $1100000 not included above

E500 Agreement to be ammended pending City authorization Refer to attached Additional Fee Estimates

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 33: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

Memo DATE May 15 2020

TO City Commission

FROM Amanda Morgan City Administrator

SUBJECT Agenda Item 12 MEDC Grant project engineering

The City Commission will be asked to consider a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

Background Information

When we applied for the MEDC Grant we had received two proposals for engineering services related to the grant application At that time the City Commission selected PreinampNewhof to complete the application process based on their familiarity with the proposed grant project and the community and as the engineer for a variety of other upcoming infrastructure projects felt the would be best able to coordinate any construction activities as needed

The scope of the original professional services agreement only included work on the grant application Now that the City has received notice that we have been approved to proceed in the application process we need to formalize an agreement for the rest of the project engineering fees

Attachment(s) middot Professional Services Agreement ndash will send when received

Recommended Action Motion to approve a Professional Services Agreement with PreinampNewhof for the MEDC IR Grant project

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 34: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

697 Ottawa Beach Road Suite 2A Holland MI 49424 t616-394-0200 f 616-364-0699 wwwpreinnewhofcom

May 18 2020 Ms Amanda Morgan City of Fennville 125 South Maple Street PO Box 666 Fennville MI 49408 RE Proposal for Professional Engineering Services for MEDC-CDBG West Fennville Street

Water Main ndash Infrastructure and Resiliency Improvement Project

Dear Ms Morgan Congratulations on receiving a Letter of Interest from the Michigan Economic Development Corporation (MEDC) for the IR grant totaling $1050000 The IR Grant included a detailed application preliminary plans and specifications that we developed with your assistance based on projects outlined in Fennvillersquos Capital Improvement Program This proposal is for engineering services to implement the design and construction phases of this project The project is outlined in detail in your grant application and generally includes

bull Replacement of 6000 feet of aging water main with 3700 feet of new 128rdquo main from the IRP wells to West Fennville Street to South Street and Walter Street

bull Relocation of 450 feet of 8rdquo sanitary sewer in West Fennville Street bull New sidewalk construction on South Street between Fennville and Walter Streets bull Replacement of lead water services as encountered and required by EGLE bull Street resurfacing associated with utility replacements

The project will be CDBG funded by the US Department of Housing and Urban Development (HUD) and administered by the MEDC through Michigan Strategic Fund (MSF) The City will provide matching funds The project requires an Environmental Review and Certified Grant Administrator (CGA) Federal Labor Standards (Davis Bacon) apply to construction

Anticipated Project Schedule

May 19 2020 City to return Letter of Interest to CDBGMEDC June 5 2002 City to begin acquisition of CGA Services

June 12 2020 Project Engineering services may begin (unless requested earlier) August 24 2020 Environmental Review Completion September 22 2020 IR Round presented to MSF Board Sept 22 ndash Oct 2020 Execute Grant Agreement December 31 2020 Project Engineering complete Jan ndash March 2021 Advertise and receive construction bids April 2021 Earliest Construction Start December 2022 Latest Construction Completion

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 35: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

Ms Amanda Morgan May 18 2020 Page 2

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

Scope of Services

We have developed the following engineering scope of services based on these project elements and our experience working with prior MEDC administered projects PreinampNewhof will provide the following scope of services

Design Phase ndash to be completed by December 31 2020 bull Attend project coordination meetings with the City and MEDC Staff bull Provide a supporting role to the CGA during the Environmental Review bull Provide support and assistance with CDGB requirements to be completed by the City bull Gather and review record plans private utility information and any available records

pertinent to the proposed project areas bull Complete topographic survey of all project areas bull Complete design of the system improvements bull Attend up to three design review meetings with the City bull Prepare and submit permit applications (City to pay permit fees) bull Prepare opinion of probable cost based on final design bull Prepare project specifications construction bid package and contract documents

including specific CDGB requirements as coordinated with the CGA

Bidding Phase ndash January through March 2021 bull Assist City with advertising for bids responding to questions preparing addendums bull Attend and conduct a public bid opening meeting bull Review bids and prepare bid tabulation and provide recommendations bull Prepare Notice of Award and Notice to Proceed bull Assist City with preparation of final contracts for signing by Contractor

Construction Phase - Anticipated Substantial Completion November 15 2021

bull Schedule attend and prepare minutes for a preconstruction meeting bull Track and review shop drawings bull Provide construction staking bull Provide density testing bull Provide part time construction observation assuming 14 weeks bull Schedule and attend monthly progress meetings and prepare minutes for each bull Respond to RFIs prepare payment applications (6 assumed) and change orders bull Conduct final project inspection and punchlist and bull Complete record plans and property iron replacements following completion

Services Provide by the City or Others

bull The City will be the main point of contact with MEDC throughout the project bull A Certified Grant Administrator (CGA) is required The cost is paid for by CDBG

above the application amount The City will work with MEDC on procurement of a CGA A sample draft RFP for CGA services is attached to this proposal for information

o CGA will take the lead role in preparing the Environmental Review including all required NEPA documentation and letters

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 36: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

Ms Amanda Morgan May 18 2020 Page 3

s20202200207 city of fennvilleprm2020-05-17 pn design and construction proposalprp 2020-05-15 morgan (medc ir fennville street project)docx

o CGA will coordinate Federal Labor Standards requirements including providing information to be included in the construction contract documents certifying payrolls conducting interviews and submitting HUD forms

o CGA will complete required project closeout and audit paperwork bull Wetland Delineation and EGLE Joint Permit Application (if required) will be considered

an additional service bull Easement Acquisition (if required) will be considered an additional service

Fee Proposal

Based on the scope of work described above we propose to complete this work on our hourly rates plus expenses with a maximum not to exceed fee of $199500 Once construction bids are received and a construction schedule is provided we will review the hours allocated for the construction phase services with you to determine whether adjustments need to be made at that time We look forward to working closely with you on this project Should you have any questions please contact Dana We appreciate the opportunity to further assist Fennville with their infrastructure needs Sincerely PreinampNewhof

Dana R Burd PE Jason M Washler PE Enclosures Professional Services Agreement Sample Draft RFP for Administrative Consultant

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 37: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

3355 Evergreen Drive NE Grand Rapids MI 49525 t616-364-8491 f 616-364-6955 wwwpreinnewhofcom

Page 1 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

Project No 2200207

Professional Services Agreement

This Professional Services Agreement is made this 18th day of May 2020 (ldquoAgreementrdquo) by and between Prein amp Newhof Inc (ldquoPampNrdquo) of 697 Ottawa Beach Road Suite 2A Holland MI 49424 and The City of Fennville (ldquoClientrdquo) of 125 S Maple Street PO Box 666 Fennville MI 49408 WHEREAS Client intends to

Complete a MEDC-CDBG IR design and construction project as described in PreinampNewhof proposal dated May 18 2020

NOW THEREFORE for and in consideration of the terms and conditions contained herein the parties agree as follows ARTICLE 1 ndash DESIGNATED REPRESENTATIVES Client and PampN each designate the following individuals as their representatives with respect to the Project For Client For PampN Name Amanda Morgan Name Dana Burd Title City Adminstrator Title Project Manager Phone Number 269-561-8321 Phone Number 616-432-6693 Facsimile Number Facsimile Number E-Mail Address AMorganfennvillecom E-Mail Address dburdpreinnewhofcom ARTICLE 2 ndash GENERAL CONDITIONS This Agreement consists of this Professional Services Agreement and the following documents which by this reference are incorporated into and made a part of this Agreement PampN Standard Terms and Conditions for Professional Services PampN Proposal dated May 18 2020 PampN Standard Rate Schedule PampN Supplemental Terms and Conditions Other ARTICLE 3 ndash ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT Client hereby requests and PampN hereby agrees to provide the following services

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 38: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

Page 2 of 2 S20202200207 City of FennvillePRM2020-05-17 PN design and construction proposalPSA Fennville MEDC CDBG IR Project Design and Constructiondocx

PampN Scope of Services per Proposal dated May 18 2020 Scope of Services defined as follows

INSERT SCOPE OF SERVICES

ARTICLE 4 ndash COMPENSATION Lump Sum for Services Described in Article 3 above - $

Additional services to be billed per PampNrsquos Standard Rate Schedule in effect on the date the additional service are performed

Hourly Billing Rates plus Reimbursable Expenses per PampNrsquos Standard Rate Schedule in effect on the date services are performed

Other ARTICLE 5 ndash ADDITIONAL TERMS (If any)

Not to exceed fee

This Agreement constitutes the entire Agreement between PampN and Client and supersedes all prior written or oral understandings This Agreement may not be altered modified or amended except in writing properly executed by authorized representatives of PampN and Client Accepted for Accepted for

PreinampNewhof Inc City of Fennville

By By

Printed Name Printed Name

Title Title

Date Date

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 39: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

page 1 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

Standard Terms amp Conditions A General - As used in this PreinampNewhof Standard Terms and Conditions for Professional Services (hereinafter ldquoTerms and

Conditionsrdquo) unless the context otherwise indicates the term ldquoAgreementrdquo means the Professional Services Agreement inclusive of all documents incorporated by reference including but not limited to this PampN Standard Terms and Conditions for Professional Services the term ldquoEngineerrdquo refers to Prein amp Newhof Inc and the term ldquoClientrdquo refers to the other party to the Professional Services Agreement

These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan

B Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under the Agreement will be the care and skill ordinarily used by members of Engineerrsquos profession of ordinary learning judgment or skill practicing under the same or similar circumstances in the same or similar community at the time the services are provided

C Disclaimer of Warranties - Engineer makes no warranties expressed or implied under the Agreement or otherwise

D ConstructionField Observation - If Client elects to have Engineer provide constructionfield observation client understands that constructionfield observation is conducted to reduce not eliminate the risk of problems arising during construction and that provision of the service does not create a warranty or guarantee of any type In all cases the contractors subcontractors andor any other persons performing any of the construction work shall retain responsibility for the quality and completeness of the construction work and for adhering to the plans specifications and other contract documents

E Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for construction means methods techniques sequences or procedures or for any safety precautions and programs in connection with the construction work for the acts or omissions of the Contractor Subcontractors or any other persons performing any of the construction work or for the failure of any of them to carry out the construction work in accordance with the plans specifications or other contract documents

F Opinions of Probable Costs ndash Client acknowledges that Engineer has no control over market or contracting conditions and that Engineerrsquos opinions of costs are based on experience judgment and information available at a specific period of time Client agrees that Engineer makes no guarantees or warranties express or implied that costs will not vary from such opinions

G Client Responsibilities 1 Client shall provide all criteria Client Standards and full information as to the requirements necessary for Engineer to

provide the professional services Client shall designate in writing a person with authority to act on Clientrsquos behalf on all matters related to the Engineerrsquos services Client shall assume all responsibility for interpretation of contract documents and construction observationfield observation during times when Engineer has not been contracted to provide such services and shall waive any and all claims against Engineer that may be connected thereto

2 In the event the project site is not owned by the Client the Client must obtain all necessary permission for Engineer to enter and conduct investigations on the project site It is assumed that the Client possesses all necessary permits and licenses required for conducting the scope of services Access negotiations may be performed at additional costs Engineer will take reasonable precaution to minimize damage to land and structures with field equipment Client assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to Engineerrsquos performance of services

3 The Client on behalf of all owners of the subject project site hereby grants permission to the Engineer to utilize a small unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition The Client is responsible to provide required notifications to the property owners of the subject project site and affected properties where the sUAS services will be performed The Engineer will operate the sUAS in accordance with applicable State and Federal Laws

H Hazardous or Contaminated MaterialsConditions

1 Client will advise Engineer in writing and prior to the commencement of its services of all known or suspected Hazardous or Contaminated MaterialsConditions present at the site

2 Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated MaterialsConditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate its services Engineer and Client also agree that the discovery of said MaterialsConditions may make it necessary for Engineer to take immediate measures to protect health safety and welfare of those performing Engineerrsquos services Client agrees to compensate Engineer for any costs incident to the discovery of said MaterialsConditions

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 40: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

page 2 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site Similarly a site which is in fact unaffected by contaminants at the time of Engineerrsquos surface or subsurface exploration may later due to natural phenomena or human intervention become contaminated The Client waives any claim against Engineer and agrees to defend indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that Engineer does not detect the presence of contaminants through techniques commonly employed

4 The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the laws pertaining to environmental issues Engineer cannot offer legal advice to the Client Engineer urges that the Client seek legal assistance from a qualified attorney when such assistance is required Furthermore the Client is cautioned to not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal representation of environmental law or practice

5 Unless otherwise agreed to in writing the scope of services does not include the analysis characterization or disposal of wastes generated during investigation procedures Should such wastes be generated during this investigation the Client will contract directly with a qualified waste hauler and disposal facility

I Underground Utilities ndash To the extent that the Engineer in performing its services may impact underground utilities Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the services for which Engineer has been contracted including contacting the appropriate underground utility locating entities and reviewing utility drawings provided by others Engineer will take reasonable precautions to avoid damage or injury to underground utilities and other underground structures Client agrees to hold Engineer harmless for any damages to below ground utilities and structures not brought to Engineers attention andor accurately shown or described on documents provided to Engineer

J Insurance

1 Engineer will maintain insurance for professional liability general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Engineer Client will maintain insurance for general liability workerrsquos compensation auto liability and property damage in the amounts deemed appropriate by Client Upon request Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages

2 Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as specified in project contract documents Client shall cause Engineer Engineerrsquos consultants employees and agents to be listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer provides services Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect that in the event of payment of any loss or damages subrogation rights under these Terms and Conditions are hereby waived by the insurer with respect to claims against Engineer

K Limitation of Liability - The total liability in the aggregate of Engineer and Engineerrsquos officers directors partners employees agents and consultants whether jointly severally or individually to Client and anyone claiming by through or under Client for any and all injuries losses damages and expenses whatsoever arising out of resulting from or in any way related to the Project or the Agreement including but not limited to the performance of services under the Agreement from any cause or causes whatsoever including but not limited to the negligence professional errors or omissions strict liability or breach of contract or warranty expressed or implied of Engineer or Engineerrsquos officers directors partners employees agents consultants or any of them shall not exceed the amount of the compensation paid to Engineer under this Agreement or the sum of fifty thousand dollars and no cents ($5000000) whichever is less Recoverable damages shall be limited to those that are direct damages Engineer shall not be responsible for or held liable for special indirect or consequential losses or damages including but not limited to loss of use of equipment or facility and loss of profits or revenue

Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or omission of any director officer or employee of Engineer in the execution or performance of the Agreement shall be made against Engineer and not against such director officer or employee

L Documents and Data

1 All documents prepared or furnished by Engineer under the Agreement are Engineerrsquos instruments of service and are and shall remain the property of Engineer

2 Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format Client recognizes that data provided in electronic format can be corrupted or modified by the Client or others unintentionally or otherwise Consequently the use of any data conclusions or information obtained or derived from electronic media provided by Engineer will be at the Clientrsquos sole risk and without any liability risk or legal exposure to Engineer its employees officers or consultants

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 41: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

page 3 of 3 RDraft Specifications and DocumentsFinal PampN Agreements 2015-06-24Standard Terms and Conditions - Public Entitiesdocx

(updated September 15 2017)

3 Any extrapolations conclusions or assumptions derived by the Client or others from the data provided to the Client either in hard copy or electronic format will be at the Clientrsquos sole risk and full legal responsibility

M Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test locations used by Engineer as the basis of its design Consequently Engineer does not guarantee or warrant that actual site conditions will not vary from those used as the basis of Engineerrsquos design interpretations and recommendations Engineer is not responsible for any costs or delays attributable to differing site conditions

N Terms of Payment - Unless alternate terms are included in the Agreement Client will be invoiced on a monthly basis until the completion of the Project All monthly invoices are payable within 30 days of the date of the invoice Should full payment of any invoice not be received within 30 days the amount due shall bear a service charge of 15 percent per month or 18 percent per year plus the cost of collection including reasonable attorneyrsquos fees If Client has any objections to any invoice submitted by Engineer Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice Unless otherwise agreed Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of service performance Outside costs such as but not limited to equipment meals lodging fees and subconsultants shall be actual costs plus 10 percent In addition to any other remedies Engineer may have Engineer shall have the absolute right to cease performing any services in the event payment has not been made on a current basis

O Termination - Either party may terminate services either in part or in whole by providing 10 calendar days written notice thereof to the other party In such an event Client shall pay Engineer for all services performed prior to receipt of such notice of termination including reimbursable expenses and for any shutndashdown costs incurred Shutndashdown costs may at Engineerrsquos discretion include expenses incurred for completion of analysis and records necessary to document Engineerrsquos files and to protect its professional reputation

P Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and PampN who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of the Agreement

Q Dispute Resolution - If a dispute arises between the parties relating to the Agreement the parties agree to use the following procedure prior to either party pursuing other available remedies

1 Prior to commencing a lawsuit the parties must attempt mediation to resolve any dispute The parties will jointly appoint a mutually acceptable person not affiliated with either of the parties to act as mediator If the parties are unable to agree on the mediator within twenty (20) calendar days they shall seek assistance in such regard from the Circuit Court of the State and County wherein the Project is located who shall appoint a mediator Each party shall be responsible for paying all costs and expenses incurred by it but shall split equally the fees and expenses of the mediator The mediation shall proceed in accordance with the procedures established by the mediator

2 The parties shall pursue mediation in good faith and in a timely manner In the event the mediation does not result in resolution of the dispute within thirty (30) calendar days then upon seven (7) calendar daysrsquo written notice to the other party either party may pursue any other available remedy

3 In the event of any litigation arising from the Agreement including without limitation any action to enforce or interpret any terms or conditions or performance of services under the Agreement Engineer and Client agree that such action will be brought in the District or Circuit Court for the County of Kent State of Michigan (or if the federal courts have exclusive jurisdiction over the subject matter of the dispute in the US District Court for the Western District of Michigan) and the parties hereby submit to the exclusive jurisdiction of said court

R Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called for under the Agreement resulting from any cause beyond Engineerrsquos reasonable control

S Assignment - Neither party shall assign its rights interests or obligations under this Agreement without the express written consent of the other party

T Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is sought to be enforced

U Survival - All express representations indemnifications or limitations of liability included in the Agreement shall survive its completion or termination for any reason

V Third-Party Beneficiary ndash Client and Engineer agree that it is not intended that any provision of this Agreement establishes a third party beneficiary giving or allowing any claim or right of action whatsoever by a third party

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 42: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 14

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 2020-007 Ref 13398(SUPPLIES FIRE DEPARTMENT)ALLEGAN COUNTY IS AP0519202024708101-265-954000OPERATING SUPPLIES64900101-301-727000SUPPLIES

89608101-000-202000Vnd AL018 Invoice 2020-007

8960889608

Expected Check Run 05192020

Invoice 3264 Ref 13383(PUBLISHING)ALLEGAN COUNTY NEWS AP0519202059000101-101-900000PRINTING AND PUBLISHING18000101-276-900000PRINTING AND PUBLISHING33000203-463-818000CONTRACTED SERVICES81200592-120-826000LEGAL FEES USDA

77000101-000-202000Vnd AL009 Invoice 326433000203-000-202000Vnd AL009 Invoice 326481200592-000-202000Vnd AL009 Invoice 3264

191200191200

Expected Check Run 05192020

Invoice 8569 Ref 13387(WATER TESTING)CITY OF ALLEGAN AP0519202016200592-110-818000CONTRACTED SERVICES

16200592-000-202000Vnd CI003 Invoice 8569

1620016200

Expected Check Run 05192020

Invoice IN83601 Ref 13400(COPIER CONTRACT)D L GALLIVAN OFFICE SOLUTIONS AP05192020885641-000-818000CONTRACTED SERVICES

885641-000-202000Vnd DL001 Invoice IN83601

885885

Expected Check Run 05192020

Invoice STATEMENT Ref 13389(APRIL 2020 STATEMENTSUPPLIES)DICKINSONS HARDWARE AP051920206241101-301-727000SUPPLIES4116592-110-727000SUPPLIES

15248101-265-727000SUPPLIES21489101-000-202000Vnd DI001 Invoice STATEMENT4116592-000-202000Vnd DI001 Invoice STATEMENT

2560525605

Expected Check Run 05192020

Invoice S103506054001 Ref 13390(SUPPLIES)ETNA SUPPLY CO AP051920203250592-110-727000SUPPLIES

3250592-000-202000Vnd ET001 Invoice S103506054001

32503250

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 43: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 24

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 57148 Ref 13394(VAULT RELOCATION)GRAND RAPIDS WILBERT BURIAL VAULT AP0519202080000101-276-818000CONTRACTED SERVICES

80000101-000-202000Vnd MISC Invoice 57148

8000080000

Expected Check Run 05192020

Invoice 9748 Ref 13397(BARKCHIPS)HARDWOOD BARK amp CHIP DELIVERY AP05192020160000101-751-727000SUPPLIES

160000101-000-202000Vnd HA001 Invoice 9748

160000160000

Expected Check Run 05192020

Invoice STATEMENT Ref 13388(PUBLISHING (ACCOUNT 58711))HOLLAND SENTINEL AP0519202045225203-463-818000INV 30114096043560203-463-818000INV 30114096234125203-463-818000INV 301141477

122910203-000-202000Vnd MISC Invoice STATEMENT

122910122910

Expected Check Run 05192020

Invoice 2-429897 Ref 13382(GUTTER BROOM)INTERSTATE BILLING SERVICE INC AP0519202016233641-000-801020EQUIPMENT PURCHASES ACCT 594066

16233641-000-202000Vnd IS001 Invoice 2-429897

1623316233

Expected Check Run 05192020

Invoice 20361 Ref 13391(CEMETERY FLAGS)KALAMAZOO FLAG CO AP0519202048211101-276-727000SUPPLIES

48211101-000-202000Vnd KA006 Invoice 20361

4821148211

Expected Check Run 05192020

Invoice 20372 Ref 13392(VETERAN GRAVE MARKERS)KALAMAZOO FLAG CO AP0518202015700101-276-727000SUPPLIES

15700101-000-202000Vnd KA006 Invoice 20372

1570015700

Expected Check Run 05182020

Invoice 3519 Ref 13395(ZONING SERVICES FOR APRIL 2020)MICHIGAN TOWNSHIP SERVICES AP051920209600101-721-818000CONTRACTED SERVICES

9600101-000-202000Vnd MI009 Invoice 3519

96009600

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 44: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 34

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 55122 Ref 13384(PROF SERVICES USDA)PREIN amp NEWHOF PC AP05192020397351592-120-817000ENGINEERING FEES USDA

397351592-000-202000Vnd PR001 Invoice 55122

397351397351

Expected Check Run 05192020

Invoice 55133 Ref 13385(PROF SERVICES TEDFLANDSBURG RD)PREIN amp NEWHOF PC AP05192020109000203-463-818000CONTRACTED SERVICES

109000203-000-202000Vnd PR001 Invoice 55133

109000109000

Expected Check Run 05192020

Invoice 55124 Ref 13386(PROF SERVICES SRF)PREIN amp NEWHOF PC AP051920205502108592-220-817000ENGINEERING FEES

5502108592-000-202000Vnd PR001 Invoice 55124

55021085502108

Expected Check Run 05192020

Invoice 211698211801 Ref 13381(ELECTION SUPPLIESABSENTEE BALLOT)PRINTING SYSTEMS INC AP0519202023395101-262-727000INV 2116986084101-262-727000INV 211801

29479101-000-202000Vnd PR002 Invoice 211698211801

2947929479

Expected Check Run 05192020

Invoice 267-2020 Ref 13396(ENVIRONMENTAL STUDY222 S MAPLE)RESOURCE SOLUTIONS ENVIRONMENTAL AP05192020170000101-265-956000MISC EXPENSE

170000101-000-202000Vnd RE009 Invoice 267-2020

170000170000

Expected Check Run 05192020

Invoice 557254157-070 Ref 13393(CELL PHONE SERVICE)SPRINT AP051920206375101-301-853000TELEPHONE - POLICE6375592-110-853000TELEPHONE - IRP3188592-210-853000TELEPHONE - ONCALL3187592-110-853000TELEPHONE - ONCALL1708592-110-853000TELEPHONE - WS1708592-210-853000TELEPHONE - WS

6375101-000-202000Vnd SP001 Invoice 557254157-07016166592-000-202000Vnd SP001 Invoice 557254157-070

2254122541

Expected Check Run 05192020

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices
Page 45: CITY COMMISSION MEETING AGENDA - Fennville Center/Agendas and Minutes...2020/05/18  · As always, citizens can also submit their comments in writing by 6:30 p.m. by: Email to amorgan@fennville.com

INVOICE JOURNAL PROOF REPORT FOR CITY OF FENNVILLE

BANK CODE GEN

05182020 0341 PMUser DEBORAHDB Fennville

Page 44

CR Amount DR Amount GL NumberDescriptionJournalPost Date

PROOF ONLY - JOURNAL ENTRIES NOT CREATED

Invoice 7206408 Ref 13399(COPIER CONTRACT)TIAA BANK COMMERICAL FINANCE INC AP0519202017356641-000-818000CONTRACTED SERVICES

17356641-000-202000Vnd TI005 Invoice 7206408

1735617356

Expected Check Run 05192020

7027237TOTAL INCREASE IN PAYABLE34474641-000-202000ACCOUNTS PAYABLE

6020391592-000-202000ACCOUNTS PAYABLE264910203-000-202000ACCOUNTS PAYABLE707462101-000-202000ACCOUNTS PAYABLE

CashPayable Account Totals70272377027237

  • 05-18-2020 Commission Agenda
  • 7 Fire Department Budget
    • FD Budget - Administrator Memo
    • FD Budget Request
      • 8 Ambulance Contract
        • Ambulance Contract - Administrator Memo
        • Life EMS Draft Contract
        • Life EMS Fee Schedule
        • AMR Fee Schedule
          • 9 Hagger Tree Removal
            • Tree Removal - Administrator Memo
            • Hagger Receipts
              • 10 Landsburg Rd
                • Landsburg Rd - Administrator Memo
                • Engineer Letter
                • bid tab 2020-05-14 Landsburg Rd
                • Notice of Award -Fennville Landsburg Road
                  • 11 USDA Engineering
                    • Add Engineering - Administrator Memo
                    • Email from PampN
                    • Fennville USDA Water - Additional Engineering Fees Requested 2020-05-13
                    • 2020-05-13 Total Project Cost - As Bid
                      • 12 MEDC Grant PampN
                        • MEDC Grant - Administrator Memo
                        • PampN Grant Services Proposals
                          • 17 Invoices