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04042022 City Council Packet ext
5 5 W . T O M P K I N S S T R E E T G A L E S B U R G , I L 6 1 4 0 1 W W W .C I .G A L E S B U R G .I L .U S City Council Agenda April 4, 2022 City Council Meeting Agenda City of Galesburg, Illinois City Council Chambers April 4, 2022 Galesburg City Council meetings are streamed live on the City’s website and Comcast channel 7. 5:25 p.m. Public Hearing TIF 4 amendment plan Proclamation Sexual violence awareness month 5:30 p.m. Roll Call Pledge of Allegiance Invocation Approve Minutes from March 21, 2022 Presentation Youth Commission report Consent Agenda #2022-07 22-2015 Resolution Authorizing the submittal of the Section 5311 and Downstate Public Transit Operating Assistance Grant Applications for the period July 1, 2022 through June 30, 2023 and acceptance of Special Warranty 5333(b) and Certificates and Assurances 22-2016 Resolution Reserving the city's 2022 private activity bonding authority 22-2017 Resolution Donation of unused surplus clay dirt from the transit facility property to the Galesburg Public Library 22-2018 Resolution TIF transfer from TIF 2 to TIF 4 for the renovations that will add a storage room at 120 E Main Street 22-3009 Bid Demolition of six properties 22-3010 Bid Pavement patching - Linwood Road and Carl Sandburg Drive 22-3011 Bid Sealcoating the water treatment plant roadway in Oquawka 22-4034 Approve Elevator maintenance contract 22-4035 Approve Professional Services Agreement with PGAV Planners, LLC for the close out of TIF 2 and a portion of TIF 4 22-8006 Bills and Advance Checks Approval and warrants drawn in payment of same Passage of Ordinances and Resolutions 22-1002 Ordinance Terrace Landscape Ordinance (Final Reading) 22-1007 Special Ordinance Sale of city owned property (Final Reading) 22-1009 Special Ordinance Authorizing the submittal of the Section 5311 and Downstate Public Transit Operating Assistance Grant Applications for the period July 1, 2022 through June 30, 2023 to provide public transportation. (First Reading) Bids, Petitions and Communications 22-3012 Bid 2022 sealcoating 22-3013 Bid South Street storm sewer replacement Public Comment City Manager’s Report Miscellaneous Business (Agreements, Approvals, Etc.) 22-4036 Approve Engineering Agreement for South Street storm sewer project 22-4037 Approve Maintenance Worker for the Water Division to perform utility locates for i3 Broadband Project 22-4038 Approve Agreement with ETC to provide data analytics services 22-4039 Approve Donation of 939 S. Academy Street 22-4040 Approve Appeal of variance denial for 1548 Florence Avenue Town Business 22-9008 Bills Closing Comments Executive Session Executive Session Convene into closed door Executive Session for the purpose of discussing: A. The appointment, employment, compensation, discipline, performance, or dismissal of specific employees, 5 ILCS 120/2 (c)(1) B. Approval of March 21, 2022, executive session minutes, 5 ILCS 120/2 (c) (21) Adjournment CITY MANAGER’S OFFICE Operating Under Council – Manager Government Since 1957 ___________________________________________________________________________________________________________________________________________________________________________________________ Page 1 of 5 CITY COUNCIL MEETING City Manager’s Report April 4, 2022 CONSENT AGENDA #2022-07 Item 22-2015 Section 5311 and Downstate Transit Operating Assistance Grant Applications Staff recommends approval of a resolution authorizing the submittal of the Section 5311 and Downstate Public Transit Operating Assistance Grant Applications for the period July 1, 2022 through June 30, 2023, as well as a resolution authorizing the acceptance of Special Warranty 5333(b) and Certificates and Assurances. Item 22-2016 Private Bonding Authority Staff recommends approval of a resolution reserving the City’s 2022 private activity bonding authority. At this point, there is not a specific project for the use of the private activity bonds. However, in order to allow the ability to continue to work on possible options, the City Council would need to reserve the bond authority for future use. If a City project does not surface, the City has the ability to cede its unused authority to QCREDA (Quad Cities Regional Economic Development Authority) later in the year, as has been done in previous years. Item 22-2017 Donation of Surplus Clay Dirt Staff recommends approval of a resolution declaring the pile of clay located on the transit facility property as surplus property and authorizing the donation of approximately 5,000 cubic yards to the Galesburg Public Library for the new library construction. There is no proposed cost to the City for the donation of the excess dirt to the Library. The contractor for the library project will haul the material and will be responsible for finish grading and seeding of the site once the excess dirt is removed. Item 22-2018 TIF Transfer from TIF 2 to TIF 4 Staff recommends approval of a resolution authorizing the transfer of $48,725.00 from the Tax Increment Financing (TIF) District II fund to the TIF IV fund. These funds will be utilized to cover expenses related to the storage space that will be created in 120 E Main Street for the Parks & Recreation Department. Sufficient funds are available in the TIF II Fund. Item 22-3009 Demolition of six properties Staff recommends approval of the bid submitted by Mechanical Services of Galesburg Inc. in the amount of $88,500.00 for demolition of six properties. The City has taken the necessary legal steps through the court system to authorize demolition of the properties located at 848 South Seminary Street, 1007 East South Street, 1356 East Main Street, 289 South Chambers Street, 246 East Fifth Street, and 465 Mulberry Street. Seven vendors submitted bids for this service, with Mechanical Services Inc. submitting the low and best bid. There are applicable funds available in the Property Redevelopment (Fund 23) to complete these demolitions. ___________________________________________________________________________________________________________________________________________________________________________________________ Page 2 of 5 Item 22-3010 Pavement patching – Linwood Road and Carl Sandburg Drive Staff recommends approval of the bid submitted by Brandt Construction Co. in the amount of $152,960.00 for concrete pavement patching on Linwood Road and Carl Sandburg Drive. The project requires the Contractor to remove and replace areas of damaged concrete pavement in various locations along Linwood Road and Carl Sandburg Drive. Five bids were received for this project with Brandt Construction Co. submitting the low and best bid. Sufficient funds are budgeted for this project in the City Gas Tax Fund (14). Item 22-3011 Sealcoating the Water Treatment Plant Roadway in Oquawka Staff recommends approval of the bid submitted by Gunther Construction Co. in the amount of $39,780.95 for sealcoating the water treatment plant roadway in Oquawka. This project consists of placing a layer of liquid asphalt and applying rock onto the liquid asphalt to form a paved surface. Once this work is completed, the roadway will need to be sealed every five to seven years to keep it in good service. Two bids were received with Gunther Construction Co. submitting the low bid, which is within estimates and recommended for approval. There are sufficient funds budgeted for this work from the Water fund (61). Item 22-4034 Elevator Maintenance Contract Staff recommends approval of a three year agreement with Kone Inc. to provide annual elevator maintenance. Otis Elevator Company and Kone Inc. both provided proposals. City staff carefully reviewed the proposals submitted and found both vendors met the requirements outlined in the RFP, but Kone Inc. offered a lower rate for all three years totaling $9,179.97 as well as a 25% discount on call-out billing for any additional repairs not covered in the agreement. The City has utilized the services of Kone Inc. for many years and is confident that continuing the relationship will be advantageous for the City. This service is budgeted annually in the Parks and Recreation Fund (19). Item 22-4035 Professional Services Agreement for Close Out of TIF 2 and a Portion of TIF 4 Staff recommends approval of a Professional Service Agreement with PGAV Planners, LLC to close out Tax Increment Financing District 2 and close the early termination subarea of Tax Increment Financing District 4. Per the Agreement, PGAV will assist with the statutorily required process of closing out TIF 2 and the early termination area of TIF 4, with compensation not to exceed $6,000.00. Sufficient funds for these professional services are available in the Tax Increment Financing 2 (056) and Tax Increment Financing 4 (049) funds. Item 22-8006 Bills Bills and Advanced Checks are submitted for approval; please direct questions to Gloria Osborn, Director of Finance and Information Systems. ORDINANCES AND RESOLUTIONS Item 22-1002 Terrace Landscape Ordinance (Final Reading) Staff recommends approval of an ordinance establishing criteria for private plantings and landscaping features within the terrace portion of the public right-of-way. This ordinance will allow for the permissive use of the terrace, provided such use does not interfere with the public’s use of the space. A permit will be required from the City Engineer prior to planting, and property owners will be required to maintain the areas that are planted. ___________________________________________________________________________________________________________________________________________________________________________________________ Page 3 of 5 Item 22-1007 Sale of City Owned Property (Final Reading) Staff recommends approval of authorization to sell unused/retired vehicles and miscellaneous obsolete parts through an online public auction service. The revenue received from the sale of this property is deposited into the applicable funds used to purchase future vehicles to help offset costs. Item 22-1009 Section 5311 and Downstate Transit Operating Assistance Grant Applications (First Reading) Staff recommends approval of an ordinance authorizing the submittal of the Section 5311 and Downstate Public Transit Operating Assistance Grant Applications for the period July 1, 2022 through June 30, 2023 to provide public transportation. Each year the City submits to the Illinois Department of Transportation (IDOT) a grant application for funding under the Section 5311 Transit Operating Assistance Program, as well as the Downstate Operating Assistance Program (DOAP) Grant. If the application is not submitted there would be an estimated shortfall of up to $304,335 in Federal funds and up to $3,041,600 in State funds to cover transit expenses based upon anticipated expenditures and revenues for the year. BIDS, PETITIONS AND COMMUNICATIONS Item 22-3012 2022 Sealcoating Staff recommends approval of the bid in the amount of $343,845.53 from Brandt Construction Co. for the 2022 annual seal coating contract. This contract is for black rock seal coating for various seal coat roadways located primarily in the northeast section of the City. Two bids were received for this project, with the low bid submitted by Brandt Construction Co., in the amount of $349,201.05. The bid price for the City streets portion of the work increased approximately 15% from last year’s price and the total bid amount was higher than estimated. After review of the street conditions, it was decided to revise the project area to lower the cost. The low bidder agreed to complete the work at the revised locations at the bid prices provided. The original bid price submitted for the work is $349,201.05. The revised amount requested for approval is $343,845.53. A total of $273,937.88 will be funded with MFT funds for sealcoating of City streets. The remaining $69,907.65 will be funded with Utility Tax funds for sealcoating of Parks roads. It is anticipated the project will be completed in August. Item 22-3013 South Street Storm Sewer Replacement Staff recommends rejecting all bids submitted for the storm sewer replacement on South Street. The scope of the proposed project is to replace an existing 54” brick storm sewer that runs underneath South Street, between Monmouth Boulevard and Holton Street. Three bids were received for this project with the low bid submitted by Miller Trucking and Excavating in the amount of $1,270,009.40. The results of the bid were approximately double the amount anticipated in original estimates and budgeted for the work. In discussions with the bidders, this was due to the complexity of the work, location and access to the work site, and the recent increase in material costs. Staff recommends rejecting the bids as a result of these discussions and the overall cost. If rejected, it is proposed to revise the scope of the project to reduce costs and allow part of the sewer to be reconstructed this year. CITY MANAGER’S REPORT ___________________________________________________________________________________________________________________________________________________________________________________________ Page 4 of 5 MISCELLANEOUS BUSINESS (Agreements, Approvals, Etc.) Item 22-4036 Engineering Agreement for South Street Storm Sewer Staff recommends approval of an Engineering Services Agreement with Klingner & Associates, P.C. in the amount of $22,000.00 for the South Street storm sewer project. The proposed agreement requires Klingner & Associates to revise the previous bid documents to reduce the scope and cost of the project. The new scope will replace a shorter section of the sewer this year from south of South Street to the north right of way line of South Street. Reducing the project to only this section will address the portions of the sewer most subject to collapse this year. There are sufficient funds for this engineering work in the Storm Sewer Fund (018). Item 22-4037 Maintenance Worker for the Water Division Staff recommends approval of an additional Maintenance Worker for the Water Division to mark out the location of water infrastructure ahead of the i3 Broadband Project. i3 Broadband has agreed to provide service throughout the entire city over the next two to three years. In order to do this, they need to install fiber optic lines throughout the entire city. This will require the Water Division to locate the existing water infrastructure on all the streets they plan to install fiber on. Last fall, it was difficult to stay ahead of the contractor’s crews who were installing fiber and this year the contractor intends on installing the fiber at a higher rate than last year. With the current manpower, staff will not be able to keep up with locating requests required for the i3Broadband project. Adding an additional Maintenance Worker in the Water Division ensures the facilities are marked correctly, minimizes damage to water infrastructure, and would be a lower cost than contracting out the service. A budget adjustment would be required to add the maintenance worker position in an amount between $61,450 and $72,230 annually depending on health insurance selected. This cost includes all benefits. For the 2022 budget, the maintenance worker would be hired in April so there would only be 75% of the amount listed above in 2022. Item 22-4038 Agreement with ETC to Provide Data Analytics Services Staff recommends approval of the Agreement with ETC Institute to Provide Data Analytics Services. On February 21, 2022, the City Council adopted the new strategic plan. Several plan goals require that staff regularly measure citizen attitudes regarding safety and customer service. This is typically done using community surveys. The agreement provides that ETC will assist us in designing, administering, and analyzing the data. The cost is $20,800, and the process is estimated to take between 90-120 days. Value provided by ETC includes many standardized questions used across communities, which allows us to benchmark ourselves against other communities to better understand the data, as well as a guarantee of at least 400 verified survey results. Additionally, they will monitor the distribution of responses to confirm that they reasonably reflect the City's demographic composition with regards to age, geographic dispersion, gender, ethnicity, and other factors. Item 22-4039 Donation of 939 S. Academy Street Staff recommends approval of the donation 939 S. Academy Street and $15,000 seller concession from the donor. The Community Development Department was contacted by a representative from Wells Fargo Bank regarding the residence at 939 S Academy Street. The representative indicated the bank foreclosed on the property and offered to donate the property to the City. City staff went to the property and determined the property is in a dangerous and unsafe ___________________________________________________________________________________________________________________________________________________________________________________________ Page 5 of 5 condition. In addition to the donation, the bank has agreed to provide a $15,000 seller concession to cover the expense of demolition. Item 22-4040 Appeal of Variance Denial for 1548 Florence Avenue An appeal of the Overall Code Review Commission’s decision to deny a variance of Section 403.1.4.1 Frost Protection of the International Residential Code, and City of Galesburg Ordinance 150.017 regarding square footage allowed for a floating slab is provided for City Council consideration. The 2012 International Residential Code (IRC) Section 403.1.4.1 allows freestanding accessory structures to have foundations without frost protection up to 600 square feet. City ordinance Section 150.017 amends the IRC to allow a floating slab for detached accessory buildings up to 1,000 square feet as long as certain conditions are met. The existing detached garage at 1548 Florence avenue was constructed in 1989 and is 960 square feet on a floating slab. The current homeowner constructed an addition to the rear of the existing garage that is 384 square feet on a concrete slab on ground, which makes the overall total of the structure 1,344 square feet. Since the structure is over 1,000 square feet, it would require the entire structure to have a frost protected foundation around the perimeter at least 36 inches deep. The property owner requested a variance to allow the 1,344 square foot structure to remain as constructed, which was denied by the Overall Code Review Commission. TOWN BUSINESS Item 22-9008 Town Bills Respectfully submitted, Todd Thompson City Manager Community Blue Ribbon Award Presentation to Stephen and Laura Albert, 550 East Fifth Street. Galesburg City Council Regular Meeting City Council Chambers 55 West Tompkins Street, Galesburg, Illinois March 21, 2022 5:30 p.m. Called to order by Mayor Peter Schwartzman at 5:30 p.m. Roll Call #1:Present:Mayor Peter Schwartzman,Council Members Bradley Hix,Wayne Dennis, Kevin Wallace,Dwight White,Jaclyn Smith-Esters,Sarah Davis,and Larry Cox,8.Also Present: City Manager Todd Thompson, City Attorney Bradley Nolden, and City Clerk Kelli Bennewitz. Mayor Schwartzman declared a quorum present at 5:30 p.m. The Pledge of Allegiance was recited. Semenya McCord gave the invocation. A moment of silence was observed in memory of the passing of long-time former Council Member Wayne T. Allen. Council Member Dennis moved,seconded by Council Member Wallace,to approve the minutes of the City Council’s regular meeting from March 7, 2022. Roll Call #2: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. CONSENT AGENDA #2022-06 All matters listed under the Consent Agenda are considered routine by the City Council and will be enacted by one motion. 22-2012 Approve Resolution 22-09 releasing executive session meeting minutes that have been deemed no longer confidential,to not release those that are still considered confidential,and to destroy recordings from executive session minutes over eighteen months old. 22-4013 Approve Resolution 22-10 for Rebuild Illinois Bond Funds in the amount of $1,000,000 for the Monmouth Boulevard improvement project. 22-3003 March 21, 2022 Page 1 of 13 Approve the bid submitted by Postal Source Solutions for a new five-year lease of new postage machine equipment. 22-4025 Approve membership with the Western Illinois Regional Council (WIRC)with an annual membership fee of $17,077.80. 22-4026 Approve a settlement agreement with Old National Bank in the amount of $65,000 to be paid to the City in exchange of its dismissal against the bank. 22-4027 Approve an extension to the Memorandum of Understanding with Bird Rides,Inc.through April 1, 2023. 22-5002 Receive the December 31, 2021, Investment Schedule. 22-8005 Approve bills in the amount of $948,797.13 and advance checks in the amount of $512,040.26. Council Member Wallace moved,seconded by Council Member Smith-Esters,to approve Consent Agenda 2022-06. Roll Call #3: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried by omnibus vote. 22-4028 Council Member Smith-Esters moved,seconded by Council Member White,to approve external agency funding requests and fund applications in the amounts listed below for a total expenditure of $141,205. Organization Proposed Choral Dynamics $2,000 Christmas In Action $1,000 Galesburg Community Chorus $4,455 Galesburg Lions Club - Fireworks $15,000 Galesburg Youth Athletic Club $7,500 Galesburg Youth Cal Ripken Baseball League Inc.$3,000 Habitat for Humanity $10,000 Heritage Days $10,000 Knox County Fair $10,000 Knox County Scenic Drive $2,000 March 21, 2022 Page 2 of 13 Knox Galesburg Symphony $10,000 National Stearman Fly-In $10,000 New Limited Rods of Western IL $3,000 Nova Singers $5,000 Railroad Days $11,250 Salvation Army $10,000 The Great Balloon Race $10,000 United Way $7,000 VNA Community Services $10,000 Total $ 141,205 Council Member Cox noted that in the past,the only three organizations or events that were given funding by the City were the Stearman Fly In,Railroad Days,and the fireworks.He believes they are all worthy but that they should be supported by the community and not taxpayer dollars. Council Member Smith-Esters stated that she believes it ’s nice to see the City support these organizations and that it ’s what the City should be doing.She was glad to see all the organizations were funded at the level they requested. Roll Call #4: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. 22-2014 Council Member White moved,seconded by Council Member Wallace,to approve a resolution for a moratorium on enforcement of the amusement tax ordinance. Council Member Hix stated that he did not vote on the original ordinance and would not be voting in favor of the moratorium. Council Members Dennis and Wallace agreed. Council Member Smith-Esters stated that she had originally brought the ordinance to Council for their consideration and the intention was never to hurt business owners but instead help the City ’s budget.She understands now that she was misled on how the tax would work.She inquired if another tax could be approved in the future.City Attorney Nolden stated that at this time it is unknown.Council Member Smith-Esters also announced that she and Council Member White would be attending the IML Lobby Day on Wednesday and would be communicating to our legislators that the current five percent from gaming is not enough for cities. Council Member White also stated that it was not the Council’s intention to take away dollars from the establishments but instead help with the City’s bottom line.He hopes that the March 21, 2022 Page 3 of 13 establishment owners will have the same zeal to talk to the legislators about the City getting a larger cut of the gaming revenue.He noted that the funding could help with streets and a possible new youth center. Council Member Davis stated that she had voted in favor of the original ordinance due to the potential revenue that was anticipated.She thanked those that talked to Council Members about the tax and sent information.She is not in favor of taking advantage of a “vice tax”and believes it ’s time to appeal the ordinance. Roll Call #5: Ayes:None Nays:Council Members Hix, Dennis, Wallace, White, Smith-Esters, and Davis, 6. Absent:None Abstain:Council Member Cox, 1. Chairman declared motion failed. 22-1008 Ordinance on first reading amending Sections 35.110 through 35.115 of the Galesburg Municipal Code repealing the Video Gaming Push Tax. Council Member Hix moved,seconded by Council Member Dennis,to suspend the rules and move agenda item 22-1008 to final reading. Roll Call #6: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. Council Member Hix moved,seconded by Council Member Dennis,to approve Ordinance 22-3663 on final reading amending Sections 35.110 through 35.115 of the Galesburg Municipal Code repealing the Video Gaming Push Tax. Roll Call #7: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. PASSAGE OF ORDINANCES AND RESOLUTIONS 22-1002 Ordinance on first reading amending Chapter 97 of the Galesburg Municipal Code to allow plantings in the terrace portion of the public right away. Council Member Cox suggested the ordinance be amended and brought back to Council for final reading with the suggestions that were identified in the Council Letter and one other recommendation: March 21, 2022 Page 4 of 13 1.Utilizing the existing gardening &landscaping agreement process versus approving a new ordinance. 2.Eliminate the 10x10 triangles (Zone C)on the private side of the ROW next to the driveway. 3.Narrow the 2 feet wide setback (Zone D)to 1 feet wide and allow plants up to 12"in this zone. 4.Paragraph G1 remove "and orderly" from the first sentence. 5.Paragraph G2 (a) remove "weeds and." 6.Paragraph G2(b) remove “grass clippings.” 7.Paragraph G2 (c) remove "bare soil or." 8.Paragraph G2 (d)remove "and removing dead material"after "trimmed"add "within the terrace". The Mayor urged Council to look at terraces around town.He noted that many homes don’t have terraces or sidewalks.Public Works Director Carl stated that in these cases,plantings have to be the required distance from the property line.He also recommended that citizens can go to the City’s website and look at the Parcel Search to show their lot lines and to gauge how much room they would have for plantings. Council Member Davis asked how a resident will know they need to meet with the City about a planting outside of this ordinance.Director Carl stated that the City will have information on its website, social media, and information at public counters in City Hall. Council Member Smith-Esters thanked City staff for this ordinance,which was at the request of Council. She hopes it is revisited in a year so that the implementation can be reviewed. The Mayor reiterated that it is not the City’s intention to police terraces but to contact the properties that have had a complaint.It will also depend if the issue is safety related and causing a public hazard. 22-1004 Council Member White moved,seconded by Council Member Davis,to approve Ordinance 22-3663 on final reading approving a zoning amendment from R3A,Multi-Family to B3 Central Business District,for KXZ Properties,located at 239 South Cherry Street (former St.Mary’s Square). Roll Call #8: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. 22-1005 Council Member Smith-Esters moved,seconded by Council Member Wallace to approve Ordinance 22-2664 on final reading amending Section 113-043 (A)of Chapter 113 of the Galesburg Municipal Code to limit the number of Class A liquor licenses. March 21, 2022 Page 5 of 13 Roll Call #9: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. 22-1006 Council Member Dennis moved,seconded by Council Member Smith-Esters,to approve Ordinance 22-3665 on final reading amending Section 97.033 of Chapter 97 of the Galesburg Municipal Code regarding the Tree Commission. Roll Call #10: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. 22-1007 Special Ordinance on first reading for the disposal of unused/retired vehicles and miscellaneous obsolete parts using PurpleWave Auctions. BIDS, PETITIONS, AND COMMUNICATIONS 22-3004 Council Member Dennis moved,seconded by Council Member Cox,to approve an agreement with Prairieland Animal Welfare Center at an annual cost of $234,120 to provide sheltering and transportation of animals. Roll Call #11: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. 22-3005 Council Member Smith-Esters moved,seconded by Council Member Davis,to approve the proposal from Quick Electrical in the amount of $48,679 to install fiber optic cabling at the Hawthorne Center. Roll Call #12: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. 22-3006 Council Member Smith-Esters moved,seconded by Council Member Wallace,to approve the bid submitted by Revels Turf &Tractor in the amount of $54,653.39 with trade for the purchase of a March 21, 2022 Page 6 of 13 2022 John Deere ProGator with a SelectSpray unit for the Golf Division.It was noted that only certain companies sell equipment specifically for golf courses. Roll Call #13: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. 22-3007 Council Member Hix moved,seconded by Council Member Dennis,to approve the bid submitted by Revels Turf &Tractor in the amount of $118,622.52 with trades for the purchase of two 2022 John Deere fairway mowers for the Golf Division. Roll Call #14: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. 22-3008 Council Member Smith-Esters moved,seconded by Council Member Davis,to approve the proposal from Hein Construction Company,Inc.,in the amount of $48,725 for the construction of a storage room at 120 East Main Street.The City Manager noted that this cost is higher than the original budget but that an adjustment will be made.The Mayor noted for the public that any purchase by the City over the amount of $25,000 must be approved by Council and that the City Manager makes Council aware of any other purchases over $5,000 on a weekly basis. Roll Call #15: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. PUBLIC COMMENT Ray Pickrel addressed the Council regarding the possible amendment to be able to leave grass clippings on the terrace.He noted that when the City mows they leave the grass lay and it begins to have an odor during the hot and humid summer months. Linda Miller gave an update on the “Save Hawthorne Pool”efforts.She noted that they are working with Quinn Adamowski,Landmarks Illinois,and he is working on a report for the group. She also stated that some high-resolution photos were taken of the pool and sent to Mr. Adamowski as well.Several members of the group have been researching the archives on the pool,including information on the former Mayo Clinic.She implored Council to keep the pool open. Council Member Wallace left the meeting at 6:24 p.m. March 21, 2022 Page 7 of 13 Brother Shabazz addressed the Council stating that he is in favor of a community center and believes we need a place for youth to gather and fellowship.He also stated that he believes our community is still divided and that he was racially profiled by the head of security at Galesburg High School.He feels that black men are deemed a criminal by virtue of their appearance.He hoped that having a community center would work on some of these issues and applauded the Mayor and Council for working to make a place that would be more inclusive. Council Member Wallace returned to the meeting at 6:28 p.m. Council Member Hix left the meeting at 6:28 p.m. and returned at 6:29 p.m. CITY MANAGER’S REPORT A.March Traffic Advisory Committee Report. MISCELLANEOUS BUSINESS (Agreements, Approvals, Etc.) 22-4029 Council Member Cox moved,seconded by Council Member Smith-Esters,to approve a Minor Plat of the Nielson Subdivision. Roll Call #16: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. 22-4030 Council Member Hix moved,seconded by Council Member White,to approve the demolition process on the property located at 29 Public Square (hotel and restaurant).City Attorney Nolden stated that it could be a lengthy process,up to 120 days,but that he would keep Council updated. Roll Call #17: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. 22-4031 Council Member Smith-Esters moved,seconded by Council Member Wallace,to approve emergency repairs to the Toshiba 200HP electric motor and two Westinghouse 300HP electric motors at the West Main Street pumping station in the amount of $48,796.04. Roll Call #18: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. March 21, 2022 Page 8 of 13 22-4032 Council Member Smith-Esters moved,seconded by Council Member White,to move forward on acquiring the property located at 905 Maple Avenue, former Churchill Junior High School. Council Member Smith-Esters asked Council to consider this item as it only begins the process of working on an agreement with the school district. Council Member Dennis asked the City Manager an approximate cost for this project.City Manager Thompson stated that it will be an expensive project,including future operating costs. He would recommend the Council hire an expert firm to begin putting information together on costs.He reminded Council that with this approval,it gives the City the opportunity to have the building as an option. Council Member Dennis would like to see other locations looked at,including the possible lot of the soon-to-be demolished hotel,the former Carver Center,or the library building once it ’s vacated. Council Member Hix asked about a sprinkler system and if it would be needed if there is a change of use on the building.Community Development Director Gugliotta stated it would be a requirement.Council Member Hix noted that $5 million would go far on a new building which would be energy efficient, provide new options, and be exactly what the City wants. Mayor Schwartzman noted that there has been some remediation on asbestos by the School District according to the study that was made available. Council Member Dennis feels that the School District is getting rid of this building for $1.00 in order to reduce their liability.Maintenance and possible demolition will be the City’s responsibility if the building is purchased. The Mayor stated that as another taxing body,the School District feels that they are gifting the City with the building. Council Member White noted that some School Board Members have taken offense with the fact that there is a belief that they are “dumping a piece of junk”onto the City.He recommended that the School District attend a meeting and report why they want to give the building to the City.He does not understand why some don’t want this project to move forward and are fighting hard,yet have no problem spending $60,000 on lawn mowers.He added that the City has promised to replace the former Community Center for ten years now.Council Member White reiterated that there is no place for our youth yet we have many places to gamble,drink,play golf,and that he is ashamed.He understands that it might take time for the project to get done but that he expects staff to figure out how to get it accomplished. Council Member Wallace stated that he believes the need for a community center outweighs the cost.He hopes that the City could be in line for many grants for the project.He added that he believes the location is not ideal but that he would hate to see another school abandoned. He noted that he has never received answers or a report on what happened with Carver Center. March 21, 2022 Page 9 of 13 Council Member Wallace expressed that this building would be for all the community and is a necessity to curtail crime and violence. Council Member Smith-Esters explained that in our community,our youth under 18 years old make up 17.5 percent of our population and that they need some place safe to gather.She believes the cost is worth it to invest in them. Council Member Cox stated that he has no question about anyone’s motives but does not believe this is the best and only option for the City.He noted other locations,such as the former library.He asked where the $5 to $10 million will come from for the project.The City Manager noted ARPA funds could be used and possibly the reissuance of bonds.City Manager Thompson stated that the bigger challenge will be how to operate the facility in the future. Council Member Cox asserted that the City has $120 to $130 million in unfunded projects now that will need to be prioritized by the Council.He also stated that the City is falling behind in maintaining some buildings as well as sidewalks and other needs.He would like to see the $5 to $10 million used on these maintenance needs before it ’s decided to use it on a building that we do not own. Council Member Hix inquired about a timeline if the item is approved tonight.The City Manager reported that the Council needs to decide what they want in the building but that it could take up to two years before any sort of grand opening would be realized. Roll Call #19: Ayes:Council Members Wallace, White, Smith-Esters, and Davis, 4. Nays:Council Members Hix, Dennis, and Cox, 3. Absent:None Chairman declared motion carried. 22-4033 Council Member Smith-Esters moved,seconded by Council Member Wallace,to approve a change order in the amount of $13,265 for the equipment and labor from Mechanical Service, Inc. to repair the electrical at HT Custer Park. Roll Call #20: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. The Council unanimously approved by voice vote to sit as the Town Board. TOWN BUSINESS 22-9006 Trustee Smith-Esters moved,seconded by Trustee White,to approve Town bills and warrants be drawn in payment of same. March 21, 2022 Page 10 of 13 Fund Title Amount Town Fund $2,074.63 General Assistance Fund $6,854.16 IMRF Fund Social Security/Medicare Fund Liability Fund Audit Fund Total $8,928.79 Roll Call #21: Ayes:Trustees Hix, Dennis, Wallace, Smith-Esters, White, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. 22-9007 Trustee Smith-Esters moved,seconded by Trustee Davis,to approve the agenda for the Annual Town Meeting on Tuesday, April 12th at the Township Hall. Roll Call #22: Ayes:Trustees Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. The Council unanimously approved by voice vote to return as the City Council. CLOSING COMMENTS Council Member Dennis stated his appreciation for former Council Member Wayne Allen,whom he served with for fourteen years.He was always there for him and will be missed by his family and the community. Council Member Wallace expressed his thanks for the productive meeting tonight and understands that everyone’s hearts are in the right place. Council Member Smith-Esters announced that she and Council Member White would be traveling to Springfield to attend the Illinois Municipal League Lobby Day.If there are any topics anyone wants discussed, please let them know. Council Member Davis thanked her predecessor,Wayne Allen,for his years of service.She noted that it isn’t an easy task to sit on the City Council but that she knew it was a great honor for him. She expressed her condolences to his family. Council Member Hix added that he only served with Wayne Allen for a couple of years but that he was always generous with his time when he would call and ask questions.His family is in his March 21, 2022 Page 11 of 13 thoughts and prayers.He also congratulated City Manager Thompson on his new job in Rock Island and wished him and his family well. Mayor Schwartzman stated that when he was first elected as a Council Member,he was encouraged by Wayne Allen.He participated in several discussions with him,in particular ones relating to hunger in our community.He was impressed with him and his understanding of the issues and formed an alliance with him.Several ideas in the community,such as what the Community Foundation is doing with the hunger issues,the Blessing Boxes,and others,started with ideas out of those conversations.He added that Mr.Allen was a giving man and thanked him for the confidence he had in him.He will be missed and gave his best to Millie,Wayne’s wife, and his family. The Mayor reported that an update on the Hawthorne Pool will be forthcoming and that Council will be setting direction.He also announced that a local resident will be on Jeopardy! on Friday.He also reminded the community to be watchful of kids now that the weather has gotten warmer. Council Member Cox moved,seconded by Council Member Smith-Esters,to adjourn into Executive Session at 7:23 p.m.for the purpose of discussing the appointment,employment, compensation,discipline,performance,or dismissal of specific employees,and approval of the minutes from the March 7, 2022, executive session meeting (5 ILCS 120/2 (c) (1) and (21). Roll Call #23: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. During the Executive Session,Council Member Smith-Esters,seconded by Council Member White, to adjourn the Executive Session at 7:56 p.m. Roll Call #24: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. There being no further business,Council Member Wallace,seconded by Council Member White, to adjourn the regular meeting at 7:33 p.m. Roll Call #25: Ayes:Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays:None Absent:None Chairman declared motion carried. Peter D. Schwartzman, Mayor March 21, 2022 Page 12 of 13 Kelli R. Bennewitz, City Clerk March 21, 2022 Page 13 of 13 WHEREAS, April is known in the United States as National Sexual Assault Awareness Month to ensure that survivors know that they are not alone; and WHEREAS, On average, one in four girls and one in 13 boys will experience sexual abuse before the age of 18; and WHEREAS, 93% of child survivors knew their abuser; and WHEREAS, One in three women and one in four men will experience some form of sexual violence in their lifetime; and WHEREAS, 38% of women and 14% of men have experienced sexual harassment at their workplace; and WHEREAS, 47% of transgender individuals have experienced some form of sexual violence; and WHEREAS, Only one out of three survivors report the crime to law enforcement due to barriers such as fear of the abuser, fear of not being believed, and/or feeling ashamed; and WHEREAS, In 2021, the Victim Services Sexual Assault Program received 221 hotline calls from individuals who had experienced or witnessed some form of sexual violence; and WHEREAS, Sexual assault, sexual abuse and sexual harassment are overwhelming moral, economic and public health burdens; and WHEREAS, Support and counseling are essential to recover from the trauma of sexual violence; and WHEREAS, Education about the crime of sexual violence and the mental and physical impacts on survivors are essential to ending the cycle of abuse and advancing equality, safety and respect among all individuals. NOW THEREFORE, I, Peter Schwartzman, Mayor of the City of Galesburg, Illinois, do hereby proclaim the month of April as: SEXUAL VIOLENCE AWARENESS MONTH and urge all citizens to stand together against sexual violence, to offer support and understanding to survivors, and to participate in awareness activities. Dated this 4th day of April 2022. _______________________________________ Mayor Peter D. Schwartzman PARKS & RECREATION DEPARTMENT Operating Under Council – Manager Government Since 1957 TO: Mayor and City Council FROM: Tony Oligney-Estill, MS, CPRE, CPSI Director of Parks and Recreation DATE: March 30, 2022 SUBJECT: Youth Commission Report Please see the Youth Commission report below, prepared by Youth Commission member, Mia Hanagen. Youth Commission co-chair, Precious Dortch will be in attendance at the April 4, 2022 City Council meeting to present the report to City Council. Youth Commission Report The latest Youth Commission meeting was held on March 10, 2022. The commissioners in attendance were the following: Joy Basosa-Nzumba Eciel Burns Precious Dortch Jennifer Foubert Mia Haneghan Chantiara Jackson Paula Johnson Brother Shabazz Courtney Wallace Zakary Warfield Absent from the meeting was Deion Crider. During the March meeting, a discussion on how to program or partners to do programming was held. The Youth Commission is required by its City Ordinance to hold programs for the community. To conclude the meeting, the Commission conceptualized types of programs including hosting an open mic, CPR classes, and in-town college tours. The Commissioners were asked to explore this topic with family and peers and share ideas at the upcoming April meeting. COUNCIL LETTER CITY OF GALESBURG APRIL 4, 2022 AGENDA ITEM: Resolution authorizing the submittal of the Section 5311 and Downstate Public Transit Operating Assistance Grant Applications for the period July 1, 2022 through June 30, 2023 and a Resolution authorizing the acceptance of Special Warranty 5333(b) and Certificates and Assurances. SUMMARY RECOMMENDATION: The Public Transportation Advisory Commission held a public hearing on March 28, 2022. The commission unanimously recommended the City Council approve the resolutions. BACKGROUND: Each year the City submits to the Illinois Department of Transportation (IDOT) a grant application for the funding under the Section 5311 Transit Operating Assistance Program and Downstate Operating Assistance Program (DOAP) Grant. It is required as a part of the grant application process to approve Special Warranty 5333(b) which provides Labor Protections and the certificates/assurances which include Title VI of the Civil Rights Act of 1964, Equal Employment Opportunity (EEO) and restrictions on Lobbying. Attached for City Council’s consideration are the required resolutions and associated documents. BUDGET IMPACT: If the resolutions are not approved, the City will not be able to apply for the 5311 or DOAP funds and there would be an estimated shortfall of up to $304,335 in Federal 5311 funds and up to $3,041,600 in State DOAP funds to cover transit expenses based upon anticipated expenditures and revenues for the year. SUPPORTING DOCUMENTS: 1. Resolution authorizing the submittal of 5311 and DOAP applications 2. Resolution accepting Special Warranty 5333(b) and certificates/assurances 3. Special Section 5333(B) Warranty for Application to the Small Urban And Rural Program 4.Certifications and Assurances 22-2015 RESOLUTION NO. _______________ RESOLUTION AUTHORIZING EXECUTION AND AMENDMENT OF SECTION 5311 GRANT AGREEMENT WHEREAS, the provision of public transit service is essential to the transportation of persons in the non-urbanized area; and WHEREAS, 49 U.S.C. § 5311 (“Section 5311”), makes funds available to the State of Illinois to help offset certain operating deficits and administrative expenses of a system providing public transit service in non-urbanized areas; and WHEREAS, the State of Illinois, acting by and through the Illinois Department of Transportation, is authorized by 30 ILCS 740/3-1 et seq.to provide the Section 5311 grant; and WHEREAS, grants for said funds will impose certain obligations upon the recipient, including the provision by it of the local share of funds necessary to cover costs not covered by funds provided under Section 5311. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, KNOX COUNTY, ILLINOIS: Section 1. That an application be made to the Office of Intermodal Project Implementation, Department of Transportation, State of Illinois, for a financial assistance grant under Section 5311 for fiscal year 2023, for the purpose of off setting a portion of the Public Transportation Program operating deficits of the City of Galesburg Transit System (Galesburg Transit and Paratransit). Section 2. That while participating in said operating assistance program the City of Galesburg will provide all required local matching funds. Section 3. That the Mayor of the City of Galesburg, is hereby authorized and directed to execute and file on behalf of the City of Galesburg such application. Section 4. That the Community Development Director and/or the City Manager of the City of Galesburg are authorized to furnish such additional information as may be required by the Office of Intermodal Project Implementation and the Federal Transit Administration in connection with the aforesaid application for said grant. Section 5. That the Mayor of the City of Galesburg, is hereby authorized and directed to execute and file on behalf of the City of Galesburg a Section 5311 Grant Agreement (“Agreement”) with the Illinois Department of Transportation, and amend such Agreement, if necessary, in order to obtain grant assistance under the provisions of Section 5311 for fiscal year 2023. [Type here] Section 6. That the Community Development Director or the City Manager of the City of Galesburg are hereby authorized to provide such information and to file such documents as may be required to perform the Agreement and to receive the grant for fiscal year 2023. PASSED: ____________________________ APPROVED: _________________________ Approved this _____ day of __April____, 2022, by a roll call vote as follows: Roll Call #: ______________________ Ayes: _______________________________________________________________________ Nays: _______________________________________________________________________ Absent: ____________________________________________________________________ _______________________________________ Peter Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk [Type here] RESOLUTION NO. _______________ RESOLUTION AUTHORIZING EXECUTION AND AMENDMENT OF DOWNSTATE OPERATING ASSITANCE GRANT AGREEMENT WHEREAS, the provision of public transportation service is essential to the people of Illinois; and WHEREAS, the Downstate Public Transportation Act (30 ILCS 740/2-1 et seq.) (“Act”) authorizes the State of Illinois, acting by and through the Illinois Department of Transportation, to provide grants and make funds available to assist in the development and operation of public transportation systems; and WHEREAS, grants for said funds will impose certain obligations upon the recipient, including provision by it of the local share of funds necessary to cover costs not covered by funds provided under the Downstate Public Transportation Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, KNOX COUNTY, ILLINOIS: Section 1. That the City of Galesburg enter into a Downstate Public Transportation Operating Assistance Agreement (“Agreement”) with the State of Illinois and amend such Agreement, if necessary, for fiscal year 2022 in order to obtain grant assistance under the provisions of the Act. Section 2. That the Mayor of the City of Galesburg is hereby authorized and directed to execute the Agreement or its amendment(s) on behalf of the City of Galesburg for such assistance for fiscal year 2022. Section 3. That the Community Development Director of the City of Galesburg or the City Manager of the City of Galesburg is hereby authorized to provide such information and file such documents as may be required to perform the Agreement and to request and receive the grant funding for fiscal year 2022. Section 4. That while participating in said operating assistance program the City of Galesburg shall provide all required local matching funds. PASSED: ____________________________ APPROVED: _________________________ [Type here] Approved this _____ day of __June____, 20_21_, by a roll call vote as follows: Roll Call #: ______________________ Ayes: _______________________________________________________________________ Nays: _______________________________________________________________________ Absent: ____________________________________________________________________ _______________________________________ Peter Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk RESOLUTION NO. ______________ RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE SPECIAL WARRANTY RELATED TO THE SECTION 5311 GRANT AGREEMENT WHEREAS, Section 5311 of the Federal Transit Act of 1964, as amended, makes funds available to help offset certain operating deficits of a system providing public transit service in non-urbanized areas; and WHEREAS, 49 U.S.C. § 5333(b) requires that fair and equitable arrangements must be made to protect the interests of employees affected by such assistance as a condition of receipt of funds under Section 5311; and WHEREAS, a simplified process for assuring employee protections that accommodates the needs of participants in the Section 5311 program has been agreed upon by the U.S. Department of Labor and the U.S. Department of Transportation by allowing execution of a Special Section 5333(b) Warranty for Section 5311 projects (Special Warranty), which the Secretary of Labor certified on May 31, 1979; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, KNOX COUNTY, ILLINOIS: Section 1. That an application be made to the Office of Intermodal Project Implementation, Department of Transportation, State of Illinois, for a financial assistance grant under Section 5311 of the Federal Transit Act of 1964, as amended. Section 2. As a condition of the receipt of Section 5311 funds, the City of Galesburg hereby agrees in writing to the terms and conditions of the Special Warranty (attached) regarding fair and equitable arrangements to protect the interests of employees affected by such assistance. Section 3. That the Mayor of the City of Galesburg, is hereby authorized and directed to execute and file on behalf of the City of Galesburg such application. Approved this ____ day of April, 2022 , by a roll call vote as follows: Roll Call #: Ayes: ________________________________________________________________________ ______________________________________________________________________________ Nays: ________________________________________________________________________ ______________________________________________________________________________ Absent: _______________________________________________________________________ ______________________________________________________________________________ ATTEST: ______________________________ Peter Schwartzman, Mayor ____________________________ Kelli R. Bennewitz, City Clerk Page 1 of 13 Office of Labor-Management Standards (OLMS) SPECIAL WARRANTY ARRANGEMENT For Application to Other Than Urbanized and Over-the-Road Bus Accessibility Projects PURSUANT TO SECTION 5333(b) OF TITLE 49 OF THE U.S. CODE, CHAPTER 53 January 3, 2011 The following language shall be made part of the contract of assistance by reference in the Federal Transit Administration’s Master Agreement as signed by the grantee: The terms and conditions set forth below shall apply for the protection of the transportation- related employees in the transportation service area of the Project. As a precondition of the release of assistance by the Grantee/State Agency to any Recipient under the grant, the Grantee shall bind the Recipient to these obligations by incorporating this arrangement into the contract of assistance between the Grantee and the Recipient(s), by reference. If a Grantee fails to comply with the terms of the Warranty and fails to bind a Recipient as a precondition to the release of funds, the Grantee will be a guarantor of the required protections and the Grantee will be required to act as if it were the Recipient of funds unless and until the Grantee is able to secure the retroactive agreement of the Recipient to be bound by the terms of the Warranty. These protective arrangements are intended for the benefit of transit employees in the service area of the project, who are considered as third-party beneficiaries to the employee protective arrangements incorporated by referenced in the grant contract between the U.S. Department of Transportation and the Grantee, and the parties to the contract so signify by executing that contract. Transit employees are also third party beneficiaries to the protective arrangements incorporated in subsequent contracts of assistance between the Grantee and any Recipient. Employees, or their representative, may assert claims with respect to the protective arrangements under this provision. This clause creates no independent cause of action against the United States Government. The term “service area,” as used herein, includes the geographic area over which the Project is operated and the area whose population is served by the Project, including adjacent areas affected by the Project. The term “Union,” as used herein, shall refer to any labor organization representing employees providing public transportation services in the service area of a Project assisted under the grant. The term “employee,” as used herein, shall include individuals who may or may not be represented by a Union. The term “Recipient,” as used herein, shall refer to any employer(s) receiving transportation assistance under the grant. The term “Grantee,” as used herein, shall refer to the applicant for assistance; a Grantee which receives assistance is also a Recipient. Where the Department of Labor (the Department) deems it necessary to modify the requirements of this Special Warranty Arrangement so that a particular Grantee or Recipient can continue to satisfy the requirements of the statute, the Department will issue a supplementary certification letter setting forth the alternative provisions to be included in the contract of assistance between the Grantee and FTA, by reference. These terms will be made binding upon the particular Grantee Page 2 of 13 or Recipient, along with these terms and conditions, for each subsequent grant of assistance until withdrawn in writing by the Department. (1) The Project shall be carried out in such a manner and upon such terms and conditions as will not adversely affect employees of the Recipient and of any other surface public transportation provider in the transportation service area of the Project. It shall be an obligation of the Recipient to assure that any and all transportation services assisted by the Project are contracted for and operated in such a manner that they do not impair the rights and interests of affected employees. The term "Project," as used herein, shall not be limited to the particular facility, service, or operation assisted by Federal funds, but shall include any changes, whether organizational, operational, technological, or otherwise, which are a result of the assistance provided. The phrase "as a result of the Project," shall, when used in this arrangement, include events related to the Project occurring in anticipation of, during, and subsequent to the Project and any program of efficiencies or economies related thereto; provided, however, that volume rises and falls of business, or changes in volume and character of employment brought about solely by causes other than the Project (including any economies or efficiencies unrelated to the Project) are not within the purview of this arrangement. An employee covered by this arrangement, who is not dismissed, displaced or otherwise worsened in his/her position with regard to employment as a result of the Project, but who is dismissed, displaced or otherwise worsened solely because of the total or partial termination of the Project or exhaustion of Project funding shall not be deemed eligible for a dismissal or displacement allowance within the meaning of paragraphs (6) and (7) of this arrangement. (2) Where employees of a Recipient are represented for collective bargaining purposes, all Project services provided by that Recipient shall be provided under and in accordance with any collective bargaining agreement applicable to such employees which is then in effect. This Arrangement does not create any collective bargaining relationship where one does not already exist or between any Recipient and the employees of another employer. Where the Recipient has no collective bargaining relationship with the Unions representing employees in the service area, the Recipient will not take any action which impairs or interferes with the rights, privileges, and benefits and/or the preservation or continuation of the collective bargaining rights of such employees. (3) All rights, privileges, and benefits (including pension rights and benefits) of employees covered by this arrangement (including employees having already retired) under existing collective bargaining agreements or otherwise, or under any revision or renewal thereof, shall be preserved and continued; provided, however, that such rights, privileges and benefits which are not foreclosed from further bargaining under applicable law or contract may be modified by collective bargaining and agreement by the Recipient and the Union involved to substitute other rights, privileges and benefits. Unless otherwise provided, nothing in this arrangement shall be deemed to restrict any rights the Recipient may otherwise have to direct the working forces and manage its business as it deemed best, in accordance with the applicable collective bargaining agreement. (4) The collective bargaining rights of employees covered by this arrangement, including the right to arbitrate labor disputes and to maintain union security and checkoff arrangements, as provided by applicable laws, policies and/or existing collective bargaining agreements, shall be preserved and continued. Provided, however, that this provision shall not be interpreted so as to require the Page 3 of 13 Recipient to retain any such rights which exist by virtue of a collective bargaining agreement after such agreement is no longer in effect. The Recipient agrees that it will bargain collectively with the Union or otherwise arrange for the continuation of collective bargaining, and that it will enter into agreements with the Union or arrange for such agreements to be entered into, relative to all subjects which are or may be proper subjects of collective bargaining. If, at any time, applicable law or contracts permit or grant to employees covered by this arrangement the right to utilize any economic measures, nothing in this arrangement shall be deemed to foreclose the exercise of such right. (5)(a) The Recipient shall provide to all affected employees sixty (60) days' notice of intended actions which may result in displacements or dismissals or rearrangements of the working forces as a result of the Project. In the case of employees represented by a Union, such notice shall be provided by certified mail through their representatives. The notice shall contain a full and adequate statement of the proposed changes, and an estimate of the number of employees affected by the intended changes, and the number and classifications of any jobs within the jurisdiction and control of the Recipient, including those in the employment of any entity bound by this arrangement pursuant to paragraph (21), available to be filled by such affected employees. (5)(b) The procedures of this subparagraph shall apply to cases where notices involve employees represented by a Union for collective bargaining purposes. At the request of either the Recipient or the representatives of such employees, negotiations for the purposes of reaching agreement with respect to the application of the terms and conditions of this arrangement shall commence immediately. These negotiations shall include determining the selection of forces from among the mass transportation employees who may be affected as a result of the Project, to establish which such employees shall be offered employment for which they are qualified or can be trained. If no agreement is reached within twenty (20) days from the commencement of negotiations, any party to the dispute may submit the matter to dispute settlement procedures in accordance with paragraph (15) of this arrangement. Unless the parties otherwise mutually agree in writing, no change in operations, services, facilities or equipment within the purview of this paragraph (5) shall occur until after either: 1) an agreement with respect to the application of the terms and conditions of this arrangement to the intended change(s) is reached; 2) the decision of the arbitrator has been rendered pursuant to this subparagraph (b); or 3) an arbitrator selected pursuant to Paragraph (15) of this arrangement determines that the intended change(s) may be instituted prior to the finalization of implementing arrangements. (5)(c) In the event of a dispute as to whether an intended change within the purview of this paragraph (5) may be instituted at the end of the 60-day notice period and before an implementing agreement is reached or a final arbitration decision is rendered pursuant to subparagraph (b), any involved party may immediately submit that issue to arbitration under paragraph (15) of this arrangement. In any such arbitration, the arbitrator shall rely upon the standards and criteria utilized by the Surface Transportation Board (and its predecessor agency, the Interstate Commerce Commission) to address the “preconsummation” issue in cases involving employee protections pursuant to 49 U.S.C. Section 11326 (or its predecessor, Section 5(2)(f) of the Interstate Commerce Act, as amended). If the Recipient demonstrates, as a threshold matter in any such arbitration, that the intended action is a trackage rights, lease proceeding or similar transaction, and not a merger, acquisition, consolidation, or other similar transaction, the burden shall then shift to the involved labor organization(s) to prove that under the standards and criteria Page 4 of 13 referenced above, the intended action should not be permitted to be instituted prior to the effective date of a negotiated or arbitrated implementing agreement. If the Recipient fails to demonstrate that the intended action is a trackage rights, lease proceeding, or similar transaction, it shall be the burden of the Recipient to prove that under the standards and criteria referenced above, the intended action should be permitted to be instituted prior to the effective date of a negotiated or arbitrated implementing agreement. For purposes of any such arbitration, the time period within which the parties are to respond to the list of potential arbitrators submitted by the American Arbitration Association Service shall be five (5) days, the notice of hearing may be given orally or by facsimile, the hearing will be held promptly, the award of the arbitrator shall be rendered promptly and, unless otherwise agreed to by the parties, no later than fourteen (14) days from the date of closing the hearings, with five (5) additional days for mailing if posthearing briefs are requested by either party. The intended change shall not be instituted during the pendency of any arbitration proceedings under this subparagraph (c). (5)(d) If an intended change within the purview of this paragraph (5) is instituted before an implementing agreement is reached or a final arbitration decision is rendered pursuant to subparagraph (b), all employees affected shall be kept financially whole, as if the noticed and implemented action has not taken place, from the time they are affected until the effective date of an implementing agreement or final arbitration decision. This protection shall be in addition to the protective period defined in paragraph (14) of this arrangement, which period shall begin on the effective date of the implementing agreement or final arbitration decision rendered pursuant to subparagraph (b). An employee selecting, bidding on, or hired to fill any position established as a result of a noticed and implemented action prior to the consummation of an implementing agreement or final arbitration decision shall accumulate no benefits under this arrangement as a result thereof during that period prior to the consummation of an implementing agreement or final arbitration decision pursuant to subparagraph (b). (6)(a) Whenever an employee, retained in service, recalled to service, or employed by the Recipient pursuant to paragraphs (5), (7)(e), or (18) hereof is placed in a worse position with respect to compensation as a result of the Project, the employee shall be considered a "displaced employee", and shall be paid a monthly "displacement allowance" to be determined in accordance with this paragraph. Said displacement allowance shall be paid each displaced employee during the protective period so long as the employee is unable, in the exercise of his/her seniority rights, to obtain a position producing compensation equal to or exceeding the compensation the employee received in the position from which the employee was displaced, adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for. (6)(b) The displacement allowance shall be a monthly allowance determined by computing the total compensation received by the employee, including vacation allowances and monthly compensation guarantees, and his/her total time paid for during the last twelve (12) months in which the employee performed compensated service more than fifty per centum of each such months, based upon the employee’s normal work schedule, immediately preceding the date of his/her displacement as a result of the Project, and by dividing separately the total compensation and the total time paid for by twelve, thereby producing the average monthly compensation and the average monthly time paid for. Such allowance shall be adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for. If the displaced Page 5 of 13 employee's compensation in his/her current position is less in any month during his/her protective period than the aforesaid average compensation (adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for), the employee shall be paid the difference, less compensation for any time lost on account of voluntary absences to the extent that the employee is not available for service equivalent to his/her average monthly time, but the employee shall be compensated in addition thereto at the rate of the current position for any time worked in excess of the average monthly time paid for. If a displaced employee fails to exercise his/her seniority rights to secure another position to which the employee is entitled under the then existing collective bargaining agreement, and which carries a wage rate and compensation exceeding that of the position which the employee elects to retain, the employee shall thereafter be treated, for the purposes of this paragraph, as occupying the position the employee elects to decline. (6)(c) The displacement allowance shall cease prior to the expiration of the protective period in the event of the displaced employee's resignation, death, retirement, or dismissal for cause in accordance with any labor agreement applicable to his/her employment. (7)(a) Whenever any employee is laid off or otherwise deprived of employment as a result of the Project, in accordance with any collective bargaining agreement applicable to his/her employment, the employee shall be considered a "dismissed employee" and shall be paid a monthly dismissal allowance to be determined in accordance with this paragraph. Said dismissal allowance shall first be paid each dismissed employee on the thirtieth (30th) day following the day on which the employee is "dismissed" and shall continue during the protective period, as follow: Employee's length of service prior to adverse effect Period of protection 1 day to 6 years equivalent period 6 years or more 6 years The monthly dismissal allowance shall be equivalent to one-twelfth (1/12th) of the total compensation received by the employee in the last twelve (12) months of his/her employment in which the employee performed compensation service more than fifty per centum of each such month based on the employee’s normal work schedule to the date on which the employee was first deprived of employment as a result of the Project. Such allowance shall be adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for. (7)(b) An employee shall be regarded as deprived of employment and entitled to a dismissal allowance when the position the employee holds is abolished as a result of the Project, or when the position the employee holds is not abolished but the employee loses that position as a result of the exercise of seniority rights by an employee whose position is abolished as a result of the Project or as a result of the exercise of seniority rights by other employees brought about as a result of the Project, and the employee is unable to obtain another position, either by the exercise of the employee’s seniority rights, or through the Recipient, in accordance with subparagraph (e). In the absence of proper notice followed by an agreement or decision pursuant to paragraph (5) hereof, no employee who has been deprived of employment as a result of the Project shall be required to exercise his/her seniority rights to secure another position in order to qualify for a dismissal allowance hereunder. Page 6 of 13 (7)(c) Each employee receiving a dismissal allowance shall keep the Recipient informed as to his/her current address and the current name and address of any other person by whom the employee may be regularly employed, or if the employee is self-employed. (7)(d) The dismissal allowance shall be paid to the regularly assigned incumbent of the position abolished. If the position of an employee is abolished when the employee is absent from service, the employee will be entitled to the dismissal allowance when the employee is available for service. The employee temporarily filling said position at the time it was abolished will be given a dismissal allowance on the basis of that position, until the regular employee is available for service, and thereafter shall revert to the employee’s previous status and will be given the protections of the agreement in said position, if any are due him/her. (7)(e) An employee receiving a dismissal allowance shall be subject to call to return to service by the employee’s former employer; notification shall be in accordance with the terms of the then- existing collective bargaining agreement if the employee is represented by a union. Prior to such call to return to work by his/her employer, the employee may be required by the Recipient to accept reasonably comparable employment for which the employee is physically and mentally qualified, or for which the employee can become qualified after a reasonable training or retraining period, provided it does not require a change in residence or infringe upon the employment rights of other employees under then-existing collective bargaining agreements. (7)(f) When an employee who is receiving a dismissal allowance again commences employment in accordance with subparagraph (e) above, said allowance shall cease while the employee is so reemployed, and the period of time during which the employee is so reemployed shall be deducted from the total period for which the employee is entitled to receive a dismissal allowance. During the time of such reemployment, the employee shall be entitled to the protections of this arrangement to the extent they are applicable. (7)(g) The dismissal allowance of any employee who is otherwise employed shall be reduced to the extent that the employee’s combined monthly earnings from such other employment or self- employment, any benefits received from any unemployment insurance law, and his/her dismissal allowance exceed the amount upon which the employee’s dismissal allowance is based. Such employee, or his/her union representative, and the Recipient shall agree upon a procedure by which the Recipient shall be kept currently informed of the earnings of such employee in employment other than with the employee’s former employer, including self-employment, and the benefits received. (7)(h) The dismissal allowance shall cease prior to the expiration of the protective period in the event of the failure of the employee without good cause to return to service in accordance with the applicable labor agreement, or to accept employment as provided under subparagraph (e) above, or in the event of the employee’s resignation, death, retirement, or dismissal for cause in accordance with any labor agreement applicable to his/her employment. (7)(i) A dismissed employee receiving a dismissal allowance shall actively seek and not refuse other reasonably comparable employment offered him/her for which the employee is physically and mentally qualified and does not require a change in the employee’s place of residence. Failure of the dismissed employee to comply with this obligation shall be grounds for discontinuance of Page 7 of 13 the employee’s allowance; provided that said dismissal allowance shall not be discontinued until final determination is made either by agreement between the Recipient and the employee or his/her representative, or by final arbitration decision rendered in accordance with paragraph (15) of this arrangement that such employee did not comply with this obligation. (8) In determining length of service of a displaced or dismissed employee for purposes of this arrangement, such employee shall be given full service credits in accordance with the records and labor agreements applicable to him/her and the employee shall be given additional service credits for each month in which the employee receives a dismissal or displacement allowance as if the employee were continuing to perform services in his/her former position. (9) No employee shall be entitled to either a displacement or dismissal allowance under paragraphs (6) or (7) hereof because of the abolishment of a position to which, at some future time, the employee could have bid, been transferred, or promoted. (10) No employee receiving a dismissal or displacement allowance shall be deprived, during the employee’s protected period, of any rights, privileges, or benefits attaching to his/her employment, including, without limitation, group life insurance, hospitalization and medical care, free transportation for the employee and the employee’s family, sick leave, continued status and participation under any disability or retirement program, and such other employee benefits as Railroad Retirement, Social Security, Workmen's Compensation, and unemployment compensation, as well as any other benefits to which the employee may be entitled under the same conditions and so long as such benefits continue to be accorded to other employees of the bargaining unit, in active service or furloughed as the case may be. (11)(a) Any employee covered by this arrangement who is retained in the service of his/her employer, or who is later restored to service after being entitled to receive a dismissal allowance, and who is required to change the point of his/her employment in order to retain or secure active employment with the Recipient in accordance with this arrangement, and who is required to move his/her place of residence, shall be reimbursed for all expenses of moving his/her household and other personal effects, for the traveling expenses for the employee and members of the employee’s immediate family, including living expenses for the employee and the employee’s immediate family, and for his/her own actual wage loss during the time necessary for such transfer and for a reasonable time thereafter, not to exceed five (5) working days. The exact extent of the responsibility of the Recipient under this paragraph, and the ways and means of transportation, shall be agreed upon in advance between the Recipient and the affected employee or the employee’s representatives. (11)(b) If any such employee is laid off within three (3) years after changing his/her point of employment in accordance with paragraph (a) hereof, and elects to move his/her place of residence back to the original point of employment, the Recipient shall assume the expenses, losses and costs of moving to the same extent provided in subparagraph (a) of this paragraph (11) and paragraph (12)(a) hereof. (11)(c) No claim for reimbursement shall be paid under the provisions of this paragraph unless such claim is presented to the Recipient in writing within ninety (90) days after the date on which the expenses were incurred. Page 8 of 13 (11)(d) Except as otherwise provided in subparagraph (b), changes in place of residence, subsequent to the initial changes as a result of the Project, which are not a result of the Project but grow out of the normal exercise of seniority rights, shall not be considered within the purview of this paragraph. (12)(a) The following conditions shall apply to the extent they are applicable in each instance to any employee who is retained in the service of the employer (or who is later restored to service after being entitled to receive a dismissal allowance), who is required to change the point of his/her employment as a result of the Project, and is thereby required to move his/her place of residence. If the employee is under a contract to purchase his/her home, the Recipient shall protect the employee against loss under such contract, and in addition, shall relieve the employee from any further obligation thereunder. If the employee holds an unexpired lease of a dwelling occupied as the employee’s home, the Recipient shall protect the employee from all loss and cost in securing the cancellation of said lease. (12)(b) No claim for loss shall be paid under the provisions of this paragraph unless such claim is presented to the Recipient in writing within one year after the effective date of the change in residence. (12)(c) Should a controversy arise in respect to the value of the home, the loss sustained in its sale, the loss under a contract for purchase, loss and cost in securing termination of a lease, or any other question in connection with these matters, it shall be decided through a joint conference between the employee, or his/her union, and the Recipient. In the event they are unable to agree, the dispute or controversy may be referred by the Recipient or the union to a board of competent real estate appraisers selected in the following manner: one (1) to be selected by the representatives of the employee, and one (1) by the Recipient, and these two, if unable to agree within thirty (30) days upon the valuation, shall endeavor by agreement with ten (10) days thereafter to select a third appraiser or to agree to a method by which a third appraiser shall be selected, and failing such agreement, either party may request the State and local Board of Real Estate Commissioners to designate within ten (10) days a third appraiser, whose designation will be binding upon the parties and whose jurisdiction shall be limited to determination of the issues raised in this paragraph only. A decision of a majority of the appraisers shall be required and said decision shall be final, binding, and conclusive. The compensation and expenses of the neutral appraiser including expenses of the appraisal board, shall be borne equally by the parties to the proceedings. All other expenses shall be paid by the party incurring them, including the compensation of the appraiser selected by such party. (12)(d) Except as otherwise provided in paragraph (11)(b) hereof, changes in place of residence, subsequent to the initial changes as a result of the Project, which are not a result of the Project but grow out of the normal exercise of seniority rights, shall not be considered within the purview of this paragraph. (12)(e) "Change in residence" means transfer to a work location which is either (A) outside a radius of twenty (20) miles of the employee's former work location and farther from the Page 9 of 13 employee’s residence than was his/her former work location, or (B) is more than thirty (30) normal highway route miles from the employee’s residence and also farther from his/her residence than was the employee’s former work location. (13)(a) A dismissed employee entitled to protection under this arrangement may, at the employee’s option within twenty-one (21) days of his/her dismissal, resign and (in lieu of all other benefits and protections provided in this arrangement) accept a lump sum payment computed in accordance with section (9) of the Washington Job Protection Agreement of May 1936: Length of Service Separation Allowance 1 year and less than 2 years 3 months' pay 2 " " " " 3 " 6 " " 3 " " " " 5 " 9 " " 5 " " " " 10 " 12 " " 10 " " " " 15 " 12 " " 15 " " over 12 " " In the case of an employee with less than one year's service, five days' pay, computed by multiplying by 5 the normal daily earnings (including regularly scheduled overtime, but excluding other overtime payments) received by the employee in the position last occupied, for each month in which the employee performed service, will be paid as the lump sum. Length of service shall be computed as provided in Section 7(b) of the Washington Job Protection Agreement, as follows: For the purposes of this arrangement, the length of service of the employee shall be determined from the date the employee last acquired an employment status with the employing carrier and the employee shall be given credit for one month's service for each month in which the employee performed any service (in any capacity whatsoever) and twelve (12) such months shall be credited as one year's service. The employment status of an employee shall not be interrupted by furlough in instances where the employee has a right to and does return to service when called. In determining length of service of an employee acting as an officer or other official representative of an employee organization, the employee will be given credit for performing service while so engaged on leave of absence from the service of a carrier. (13)(b) One month's pay shall be computed by multiplying by 30 the normal daily earnings (including regularly scheduled overtime, but excluding other overtime payments) received by the employee in the position last occupied prior to time of the employee’s dismissal as a result of the Project. (14) Whenever used herein, unless the context requires otherwise, the term "protective period" means that period of time during which a displaced or dismissed employee is to be provided protection hereunder and extends from the date on which an employee is displaced or dismissed to the expiration of six (6) years therefrom, provided, however, that the protective period for any particular employee during which the employee is entitled to receive the benefits of these provisions shall not continue for a longer period following the date the employee was displaced or dismissed than the employee's length of service, as shown by the records and labor agreements applicable to his/her employment prior to the date of the employee’s displacement or dismissal. Page 10 of 13 (15)(a) In the event that employee(s) are represented by a Union, any dispute, claim, or grievance arising from or relating to the interpretation, application or enforcement of the provisions of this arrangement, not otherwise governed by paragraph 12(c), the Labor- Management Relations Act, as amended, the Railway Labor Act, as amended, or by impasse resolution provisions in a collective bargaining or protective arrangement involving the Recipient and the Union, which cannot be settled by the parties thereto within thirty (30) days after the dispute or controversy arises, may be referred by any such party to any final and binding disputes settlement procedure acceptable to the parties. In the event they cannot agree upon such procedure, the dispute, claim, or grievance may be submitted at the written request of the Recipient or the Union to final and binding arbitration. Should the parties be unable to agree upon the selection of a neutral arbitrator within ten (10) days, any party may request the American Arbitration Association to furnish, from among arbitrators who are then available to serve, five (5) arbitrators from which a neutral arbitrator shall be selected. The parties shall, within five (5) days after the receipt of such list, determine by lot the order of elimination and thereafter each shall, in that order, alternately eliminate one name until only one name remains. The remaining person on the list shall be the neutral arbitrator. Unless otherwise provided, in the case of arbitration proceedings, under paragraph (5) of this arrangement, the arbitration shall commence within fifteen (15) days after selection or appointment of the neutral arbitrator, and the decision shall be rendered within forty-five (45) days after the hearing of the dispute has been concluded and the record closed. The decision shall be final and binding. All the conditions of the arrangement shall continue to be effective during the arbitration proceedings. (15)(b) The compensation and expenses of the neutral arbitrator, and any other jointly incurred expenses, shall be borne equally by the Union(s) and Recipient, and all other expenses shall be paid by the party incurring them. (15)(c) In the event that employee(s) are not represented by a Union, any dispute, claim, or grievance arising from or relating to the interpretation, application or enforcement of the provisions of this arrangement which cannot be settled by the Recipient and the employee(s) within thirty (30) days after the dispute or controversy arises, may be referred by any such party to any final and binding dispute settlement procedure acceptable to the parties, or in the event the parties cannot agree upon such a procedure, the dispute or controversy may be referred to the Secretary of Labor for a final and binding determination. (15)(d) In the event of any dispute as to whether or not a particular employee was affected by the Project, it shall be the obligation of the employee or the representative of the employee to identify the Project and specify the pertinent facts of the Project relied upon. It shall then be the burden of the Recipient to prove that factors other than the Project affected the employee. The claiming employee shall prevail if it is established that the Project had an effect upon the employee even if other factors may also have affected the employee. (See Hodgson's Affidavit in Civil Action No. 825-71). (16) The Recipient will be financially responsible for the application of these conditions and will make the necessary arrangements so that any employee covered by this arrangement may file a written claim of its violation, through the Union, or directly if the employee is outside the bargaining unit, with the Recipient within sixty (60) days of the date the employee is terminated or laid off as a result of the Project, or within eighteen (18) months of the date the employee’s Page 11 of 13 position with respect to his/her employment is otherwise worsened as a result of the Project. In the latter case, if the events giving rise to the claim have occurred over an extended period, the 18-month limitation shall be measured from the last such event. No benefits shall be payable for any period prior to six (6) months from the date of the filing of any claim. Unless such claims are filed with the Recipient within said time limitations, the Recipient shall thereafter be relieved of all liabilities and obligations related to the claim. The Recipient will fully honor the claim, making appropriate payments, or will give notice to the claimant or his/her representative of the basis for denying or modifying such claim, giving reasons therefore. If the Recipient fails to honor such claim, the Union or non-bargaining unit employee may invoke the following procedures for further joint investigation of the claim by giving notice in writing. Within ten (10) days from the receipt of such notice, the parties shall exchange such factual material as may be requested of them relevant to the disposition of the claim and shall jointly take such steps as may be necessary or desirable to obtain from any third party such additional factual materials as may be relevant. In the event the Recipient rejects the claim, the claim may be processed to arbitration as hereinabove provided by paragraph (15). (17) Nothing in this arrangement shall be construed as depriving any employee of any rights or benefits which such employee may have under existing employment or collective bargaining agreements or otherwise; provided that there shall be no duplication of benefits to any employee, and, provided further, that any benefit under this arrangement shall be construed to include the conditions, responsibilities, and obligations accompanying such benefit. This arrangement shall not be deemed a waiver of any rights of any Union or of any represented employee derived from any other agreement or provision of federal, state or local law. (18) During the employee's protective period, a dismissed employee shall, if the employee so requests, in writing, be granted priority of employment or reemployment to fill any vacant position within the jurisdiction and control of the Recipient reasonably comparable to that which the employee held when dismissed, including those in the employment of any entity bound by this arrangement pursuant to paragraph (21) herein, for which the employee is, or by training or retraining can become, qualified; not, however, in contravention of collective bargaining agreements related thereto. In the event such employee requests such training or re-training to fill such vacant position, the Recipient shall provide for such training or re-training at no cost to the employee. The employee shall be paid the salary or hourly rate provided for in the applicable collective bargaining agreement or otherwise established in personnel policies or practices for such position, plus any displacement allowance to which the employee may be otherwise entitled. If such dismissed employee who has made such request fails, without good cause, within ten (10) days to accept an offer of a position comparable to that which the employee held when dismissed for which the employee is qualified, or for which the employee has satisfactorily completed such training, the employee shall, effective at the expiration of such ten-day period, forfeit all rights and benefits under this arrangement. As between employees who request employment pursuant to this paragraph, the following order where applicable shall prevail in hiring such employees: (a) Employees in the craft or class of the vacancy shall be given priority over employees without seniority in such craft or class; Page 12 of 13 (b) As between employees having seniority in the craft or class of the vacancy, the senior employees, based upon their service in that craft or class, as shown on the appropriate seniority roster, shall prevail over junior employees; (c) As between employees not having seniority in the craft or class of the vacancy, the senior employees, based upon their service in the crafts or classes in which they do have seniority as shown on the appropriate seniority rosters, shall prevail over junior employees. (19) The Recipient will post, in a prominent and accessible place, a notice stating that the Recipient has received federal assistance under the Federal Transit statute and has agreed to comply with the provisions of 49 U.S.C., Section 5333(b). This notice shall also specify the terms and conditions set forth herein for the protection of employees. The Recipient shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the proper application, administration, and enforcement of this arrangement and to the proper determination of any claims arising thereunder. (20) In the event the Project is approved for assistance under the statute, the foregoing terms and conditions shall be made part of the contract of assistance between the federal government and the applicant for federal funds and between the applicant and any recipient of federal funds; provided, however, that this arrangement shall not merge into the contract of assistance, but shall be independently binding and enforceable by and upon the parties thereto, and by any covered employee or his/her representative, in accordance with its terms, nor shall any other employee protective agreement merge into this arrangement, but each shall be independently binding and enforceable by and upon the parties thereto, in accordance with its terms. (21) This arrangement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered, or changed in any respect whatsoever by reason of the arrangements made by or for the Recipient to manage and operate the system. Any person, enterprise, body, or agency, whether publicly - or privately-owned, which shall undertake the management, provision and/or operation of the Project services or the Recipient’s transit system, or any part or portion thereof, under contractual arrangements of any form with the Recipient, its successors or assigns, shall agree to be bound by the terms of this arrangement and accept the responsibility with the Recipient for full performance of these conditions. As a condition precedent to any such contractual arrangements, the Recipient shall require such person, enterprise, body or agency to so agree. (22) In the event of the acquisition, assisted with Federal funds, of any transportation system or services, or any part or portion thereof, the employees of the acquired entity shall be assured employment, in comparable positions, within the jurisdiction and control of the acquiring entity, including positions in the employment of any entity bound by this arrangement pursuant to paragraph (21). All persons employed under the provisions of this paragraph shall be appointed to such comparable positions without examination, other than that required by applicable federal, state or federal law or collective bargaining agreement, and shall be credited with their years of service for purposes of seniority, vacations, and pensions in accordance with the records of their former employer and/or any applicable collective bargaining agreements. Page 13 of 13 (23) The employees covered by this arrangement shall continue to receive any applicable coverage under Social Security, Railroad Retirement, Workmen's Compensation, unemployment compensation, and the like. In no event shall these benefits be worsened as a result of the Project. (24) In the event any provision of this arrangement is held to be invalid, or otherwise unenforceable under the federal, state, or local law, in the context of a particular Project, the remaining provisions of this arrangement shall not be affected and the invalid or unenforceable provision shall be renegotiated by the Recipient and the interested Union representatives, if any, of the employees involved for purpose of adequate replacement under Section 5333(b). If such negotiation shall not result in mutually satisfactory agreement any party may invoke the jurisdiction of the Secretary of Labor to determine substitute fair and equitable employee protective arrangements for application only to the particular Project, which shall be incorporated in this arrangement only as applied to that Project, and any other appropriate action, remedy, or relief. (25) If any employer of the employees covered by this arrangement shall have rearranged or adjusted its forces in anticipation of the Project, with the effect of depriving an employee of benefits to which the employee should be entitled under this arrangement, the provisions of this arrangement shall apply to such employee as of the date when the employee was so affected. Last Updated: 02-07-18 Certifications and Assurances Fiscal Year 2021 1 Not every provision of every certification will apply to every applicant or award. If a provision of a certification does not apply to the applicant or its award, FTA will not enforce that provision. Refer to FTA’s accompanying Instructions document for more information. Text in italics is guidance to the public. It does not have the force and effect of law, and is not meant to bind the public in any way. It is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY APPLICANT. All applicants must make the certifications in this category. 1.1. Standard Assurances. The certifications in this subcategory appear as part of the applicant’s registration or annual registration renewal in the System for Award Management (SAM.gov) and on the Office of Management and Budget’s standard form 424B “Assurances—Non-Construction Programs”. This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations. As the duly authorized representative of the applicant, you certify that the applicant: (a) Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. (b)Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. (c)Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. (d)Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. (e)Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728– 4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F). Certifications and Assurances Fiscal Year 2021 2 (f) Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin, as effectuated by U.S. DOT regulation 49 CFR Part 21; (2) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681– 1683, and 1685–1686), which prohibits discrimination on the basis of sex, as effectuated by U.S. DOT regulation 49 CFR Part 25; (3) Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any person being excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance from FTA because of race, color, religion, national origin, sex, disability, or age. (4) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps, as effectuated by U.S. DOT regulation 49 CFR Part 27; (5) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101–6107), which prohibits discrimination on the basis of age; (6) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (7) The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91–616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (8) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (10) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (11) the requirements of any other nondiscrimination statute(s) which may apply to the application. (g) Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (“Uniform Act”) (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. The requirements of the Uniform Act are effectuated by U.S. DOT regulation 49 CFR Part 24. Certifications and Assurances Fiscal Year 2021 3 (h) Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501–1508 and 7324–7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. (i) Will comply, as applicable, with the provisions of the Davis–Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327–333), regarding labor standards for federally assisted construction subagreements. (j) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. (k) Will comply with environmental standards which may be prescribed pursuant to the following: (1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (2) Notification of violating facilities pursuant to EO 11738; (3) Protection of wetlands pursuant to EO 11990; (4) Evaluation of flood hazards in floodplains in accordance with EO 11988; (5) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (6) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.); (7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (8) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93–205). (l) Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (m) Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.). (n) Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. (o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded Certifications and Assurances Fiscal Year 2021 4 animals held for research, teaching, or other activities supported by this award of assistance. (p) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. (q) Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 CFR Part 200, Subpart F, “Audit Requirements”, as adopted and implemented by U.S. DOT at 2 CFR Part 1201. (r) Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing the program under which it is applying for assistance. (s) Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a sub-recipient from: (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect; (2) Procuring a commercial sex act during the period of time that the award is in effect; or (3) Using forced labor in the performance of the award or subawards under the award. 1.2. Standard Assurances: Additional Assurances for Construction Projects. This certification appears on the Office of Management and Budget’s standard form 424D “Assurances—Construction Programs” and applies specifically to federally assisted projects for construction. This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations. As the duly authorized representative of the applicant, you certify that the applicant: (a) Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency; will record the Federal awarding agency directives; and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Will comply with the requirements of the assistance awarding agency with regard to the drafting, review, and approval of construction plans and specifications. (c) Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work confirms with the approved plans and specifications, and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. Certifications and Assurances Fiscal Year 2021 5 1.3. Procurement. The Uniform Administrative Requirements, 2 CFR § 200.324, allow a recipient to self-certify that its procurement system complies with Federal requirements, in lieu of submitting to certain pre-procurement reviews. The applicant certifies that its procurement system complies with: (a) U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, particularly 2 CFR §§ 200.317–200.326 “Procurement Standards; (b) Federal laws, regulations, and requirements applicable to FTA procurements; and (c) The latest edition of FTA Circular 4220.1 and other applicable Federal guidance. 1.4. Suspension and Debarment. Pursuant to Executive Order 12549, as implemented at 2 CFR Parts 180 and 1200, prior to entering into a covered transaction with an applicant, FTA must determine whether the applicant is excluded from participating in covered non-procurement transactions. For this purpose, FTA is authorized to collect a certification from each applicant regarding the applicant’s exclusion status. 2 CFR § 180.300. Additionally, each applicant must disclose any information required by 2 CFR § 180.335 about the applicant and the applicant’s principals prior to entering into an award agreement with FTA. This certification serves both purposes. The applicant certifies, to the best of its knowledge and belief, that the applicant and each of its principals: (a) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency; (b) Has not, within the preceding three years, been convicted of or had a civil judgment rendered against him or her for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty; Certifications and Assurances Fiscal Year 2021 6 (c) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any offense described in paragraph (b) of this certification; (d) Has not, within the preceding three years, had one or more public transactions (Federal, State, or local) terminated for cause or default. 1.5. Coronavirus Response and Relief Supplemental Appropriations Act, 2021, and CARES Act Funding. The applicant certifies that, to the maximum extent possible, and consistent with the Consolidated Appropriations Act, 2021 (Public Law 116–260): (a) Funds made available under title IV of division M of the Consolidated Appropriations Act, 2021 (Public Law 116–260), and in title XII of division B of the CARES Act (Public Law 116–136; 134 Stat. 599) shall be directed to payroll and operations of public transit (including payroll and expenses of private providers of public transportation); or (b) The applicant certifies that the applicant has not furloughed any employees. CATEGORY 2. PUBLIC TRANSPORTATION AGENCY SAFETY PLANS This certification is required of each applicant under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), each rail operator that is subject to FTA’s state safety oversight programs, and each State that is required to draft and certify a public transportation agency safety plan on behalf of a small public transportation provider pursuant to 49 CFR § 673.11(d). This certification is required by 49 CFR § 673.13. This certification does not apply to any applicant that receives financial assistance from FTA exclusively under the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or combination of these two programs. If the applicant is an operator, the applicant certifies that it has established a public transportation agency safety plan meeting the requirements of 49 CFR Part 673. If the applicant is a State, the applicant certifies that: (a) It has drafted a public transportation agency safety plan for each small public transportation provider within the State, unless the small public transportation provider provided notification to the State that it was opting-out of the State-drafted plan and drafting its own public transportation agency safety plan; and (b) Each small public transportation provider within the state has a public transportation agency safety plan that has been approved by the provider’s Accountable Executive Certifications and Assurances Fiscal Year 2021 7 (as that term is defined at 49 CFR § 673.5) and Board of Directors or Equivalent Authority (as that term is defined at 49 CFR § 673.5). CATEGORY 3. TAX LIABILITY AND FELONY CONVICTIONS. If the applicant is a business association (regardless of for-profit, not for-profit, or tax exempt status), it must make this certification. Federal appropriations acts since at least 2014 have prohibited FTA from using funds to enter into an agreement with any corporation that has unpaid Federal tax liabilities or recent felony convictions without first considering the corporation for debarment. E.g., Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. E, title VII, §§ 744–745. U.S. DOT Order 4200.6 defines a “corporation” as “any private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association”, and applies the restriction to all tiers of subawards. As prescribed by U.S. DOT Order 4200.6, FTA requires each business association applicant to certify as to its tax and felony status. If the applicant is a private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, the applicant certifies that: (a) It has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (b) It has not been convicted of a felony criminal violation under any Federal law within the preceding 24 months. CATEGORY 4. LOBBYING. If the applicant will apply for a grant or cooperative agreement exceeding $100,000, or a loan, line of credit, loan guarantee, or loan insurance exceeding $150,000, it must make the following certification and, if applicable, make a disclosure regarding the applicant’s lobbying activities. This certification is required by 49 CFR § 20.110 and app. A to that part. This certification does not apply to an applicant that is an Indian Tribe, Indian organization, or an Indian tribal organization exempt from the requirements of 49 CFR Part 20. 4.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or Certifications and Assurances Fiscal Year 2021 8 an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 4.2. Statement for Loan Guarantees and Loan Insurance. The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CATEGORY 5. PRIVATE SECTOR PROTECTIONS. If the applicant will apply for funds that it will use to acquire or operate public transportation facilities or equipment, the applicant must make the following certification regarding protections for the private sector. Certifications and Assurances Fiscal Year 2021 9 5.1. Charter Service Agreement. To enforce the provisions of 49 U.S.C. § 5323(d), FTA’s charter service regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following Charter Service Agreement. 49 CFR § 604.4. The applicant agrees that it, and each of its subrecipients, and third party contractors at any level who use FTA-funded vehicles, may provide charter service using equipment or facilities acquired with Federal assistance authorized under the Federal Transit Laws only in compliance with the regulations set out in 49 CFR Part 604, the terms and conditions of which are incorporated herein by reference. 5.2. School Bus Agreement. To enforce the provisions of 49 U.S.C. § 5323(f), FTA’s school bus regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following agreement regarding the provision of school bus services. 49 CFR § 605.15. (a) If the applicant is not authorized by the FTA Administrator under 49 CFR § 605.11 to engage in school bus operations, the applicant agrees and certifies as follows: (1) The applicant and any operator of project equipment agrees that it will not engage in school bus operations in competition with private school bus operators. (2) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)). (b) If the applicant is authorized or obtains authorization from the FTA Administrator to engage in school bus operations under 49 CFR § 605.11, the applicant agrees as follows: (1) The applicant agrees that neither it nor any operator of project equipment will engage in school bus operations in competition with private school bus operators except as provided herein. (2) The applicant, or any operator of project equipment, agrees to promptly notify the FTA Administrator of any changes in its operations which might jeopardize the continuation of an exemption under § 605.11. (3) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Transit Administration regulations or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)). (4) The applicant agrees that the project facilities and equipment shall be used for the provision of mass transportation services within its urban area and that any other Certifications and Assurances Fiscal Year 2021 10 use of project facilities and equipment will be incidental to and shall not interfere with the use of such facilities and equipment in mass transportation service to the public. CATEGORY 6. TRANSIT ASSET MANAGEMENT PLAN. If the applicant owns, operates, or manages capital assets used to provide public transportation, the following certification is required by 49 U.S.C. § 5326(a). The applicant certifies that it is in compliance with 49 CFR Part 625. CATEGORY 7. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING. 7.1. Rolling Stock Buy America Reviews. If the applicant will apply for an award to acquire rolling stock for use in revenue service, it must make this certification. This certification is required by 49 CFR § 663.7. The applicant certifies that it will conduct or cause to be conducted the pre-award and post- delivery audits prescribed by 49 CFR Part 663 and will maintain on file the certifications required by Subparts B, C, and D of 49 CFR Part 663. 7.2. Bus Testing. If the applicant will apply for funds for the purchase or lease of any new bus model, or any bus model with a major change in configuration or components, the applicant must make this certification. This certification is required by 49 CFR § 665.7. The applicant certifies that the bus was tested at the Bus Testing Facility and that the bus received a passing test score as required by 49 CFR Part 665. The applicant has received or will receive the appropriate full Bus Testing Report and any applicable partial testing reports before final acceptance of the first vehicle. CATEGORY 8. URBANIZED AREA FORMULA GRANTS PROGRAM. If the applicant will apply for an award under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), or any other program or award that is subject to the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310); “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)); projects that will receive an award authorized by the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) (23 U.S.C. §§ 601–609) or State Infrastructure Bank Program (23 U.S.C. § 610) (see 49 U.S.C. § 5323(o)); formula awards or competitive awards to urbanized areas under the Grants for Certifications and Assurances Fiscal Year 2021 11 Buses and Bus Facilities Program (49 U.S.C. § 5339(a) and (b)); or low or no emission awards to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(c)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5307(c)(1). The applicant certifies that it: (a) Has or will have the legal, financial, and technical capacity to carry out the program of projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects of the program; (b) Has or will have satisfactory continuing control over the use of equipment and facilities; (c) Will maintain equipment and facilities in accordance with the applicant’s transit asset management plan; (d) Will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any— (1) Senior; (2) Individual who, because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and (3) Individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. §§ 401 et seq., and 1395 et seq.); (e) In carrying out a procurement under 49 U.S.C. § 5307, will comply with 49 U.S.C. §§ 5323 (general provisions) and 5325 (contract requirements); (f) Has complied with 49 U.S.C. § 5307(b) (program of projects requirements); (g) Has available and will provide the required amounts as provided by 49 U.S.C. § 5307(d) (cost sharing); (h) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning); (i) Has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation; (j) Either— (1) Will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least Certifications and Assurances Fiscal Year 2021 12 1 percent of the amount the recipient receives for each fiscal year under 49 U.S.C. § 5336; or (2) Has decided that the expenditure for security projects is not necessary; (k) In the case of an applicant for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under 49 U.S.C. § 5307 for associated transit improvements as defined in 49 U.S.C. § 5302; and (l) Will comply with 49 U.S.C. § 5329(d) (public transportation agency safety plan). CATEGORY 9. FORMULA GRANTS FOR RURAL AREAS. If the applicant will apply for funds made available to it under the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), it must make this certification. Paragraph (a) of this certification helps FTA make the determinations required by 49 U.S.C. § 5310(b)(2)(C). Paragraph (b) of this certification is required by 49 U.S.C. § 5311(f)(2). Paragraph (c) of this certification, which applies to funds apportioned for the Appalachian Development Public Transportation Assistance Program, is necessary to enforce the conditions of 49 U.S.C. § 5311(c)(2)(D). (a) The applicant certifies that its State program for public transportation service projects, including agreements with private providers for public transportation service— (1) Provides a fair distribution of amounts in the State, including Indian reservations; and (2) Provides the maximum feasible coordination of public transportation service assisted under 49 U.S.C. § 5311 with transportation service assisted by other Federal sources; and (b) If the applicant will in any fiscal year expend less than 15% of the total amount made available to it under 49 U.S.C. § 5311 to carry out a program to develop and support intercity bus transportation, the applicant certifies that it has consulted with affected intercity bus service providers, and the intercity bus service needs of the State are being met adequately. (c) If the applicant will use for a highway project amounts that cannot be used for operating expenses authorized under 49 U.S.C. § 5311(c)(2) (Appalachian Development Public Transportation Assistance Program), the applicant certifies that— (1) It has approved the use in writing only after providing appropriate notice and an opportunity for comment and appeal to affected public transportation providers; and (2) It has determined that otherwise eligible local transit needs are being addressed. Certifications and Assurances Fiscal Year 2021 13 CATEGORY 10. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS AND THE EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS PILOT PROGRAM. If the applicant will apply for an award under any subsection of the Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), including an award made pursuant to the FAST Act’s Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A, title III, § 3005(b)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5309(c)(2) and Pub. L. 114-94, div. A, title III, § 3005(b)(3)(B). The applicant certifies that it: (a) Has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award, (b) Has or will have satisfactory continuing control over the use of equipment and facilities acquired or improved under its Award. (c) Will maintain equipment and facilities acquired or improved under its Award in accordance with its transit asset management plan; and (d) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning). CATEGORY 11. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS. If the applicant is in an urbanized area and will apply for an award under subsection (a) (formula grants) or subsection (b) (competitive grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 8 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5339(a)(3) and (b)(6), respectively. If the applicant is in a rural area and will apply for an award under subsection (a) (formula grants) or subsection (b) (competitive grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 9 for Formula Grants for Rural Areas (49 U.S.C. § 5311). This certification is required by 49 U.S.C. § 5339(a)(3) and (b)(6), respectively. If the applicant, regardless of whether it is in an urbanized or rural area, will apply for an award under subsection (c) (low or no emission vehicle grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 8 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5339(c)(3). Certifications and Assurances Fiscal Year 2021 14 Making this certification will incorporate by reference the applicable certifications in Category 8 or Category 9. CATEGORY 12. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAMS. If the applicant will apply for an award under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program (49 U.S.C. § 5310), it must make the certification in Category 8 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5310(e)(1). Making this certification will incorporate by reference the certification in Category 8, except that FTA has determined that (d), (f), (i), (j), and (k) of Category 8 do not apply to awards made under 49 U.S.C. § 5310 and will not be enforced. In addition to the certification in Category 8, the applicant must make the following certification that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. This certification is required by 49 U.S.C. § 5310(e)(2). The applicant certifies that: (a) The projects selected by the applicant are included in a locally developed, coordinated public transit-human services transportation plan; (b) The plan described in clause (a) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public; (c) To the maximum extent feasible, the services funded under 49 U.S.C. § 5310 will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services; and (d) If the applicant will allocate funds received under 49 U.S.C. § 5310 to subrecipients, it will do so on a fair and equitable basis. CATEGORY 13. STATE OF GOOD REPAIR GRANTS. If the applicant will apply for an award under FTA’s State of Good Repair Grants Program (49 U.S.C. § 5337), it must make the following certification. Because FTA generally does not review the transit asset management plans of public transportation providers, this certification is necessary to enforce the provisions of 49 U.S.C. § 5337(a)(4). The applicant certifies that the projects it will carry out using assistance authorized by the State of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant’s most recent Certifications and Assurances Fiscal Year 2021 15 transit asset management plan and are identified in the investment and prioritization section of such plan, consistent with the requirements of 49 CFR Part 625. CATEGORY 14. INFRASTRUCTURE FINANCE PROGRAMS. If the applicant will apply for an award for a project that will include assistance under the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) Program (23 U.S.C. §§ 601–609) or the State Infrastructure Banks (“SIB”) Program (23 U.S.C. § 610), it must make the certifications in Category 8 for the Urbanized Area Formula Grants Program, Category 10 for the Fixed Guideway Capital Investment Grants program, and Category 13 for the State of Good Repair Grants program. These certifications are required by 49 U.S.C. § 5323(o). Making this certification will incorporate the certifications in Categories 8, 10, and 13 by reference. CATEGORY 15. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. If the applicant will apply for an award under FTA’s Urbanized Area Formula Grants Program (49 U.S.C. § 5307), Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) programs, the applicant must make the following certification. The applicant must make this certification on its own behalf and on behalf of its subrecipients and contractors. This certification is required by 49 CFR § 655.83. The applicant certifies that it, its subrecipients, and its contractors are compliant with FTA’s regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 49 CFR Part 655. CATEGORY 16. RAIL SAFETY TRAINING AND OVERSIGHT. If the applicant is a State with at least one rail fixed guideway system, or is a State Safety Oversight Agency, or operates a rail fixed guideway system, it must make the following certification. The elements of this certification are required by 49 CFR §§ 659.43, 672.31, and 674.39. The applicant certifies that the rail fixed guideway public transportation system and the State Safety Oversight Agency for the State are: (a) Compliant with the requirements of 49 CFR Part 659, “Rail Fixed Guideway Systems; State Safety Oversight”; (b) Compliant with the requirements of 49 CFR Part 672, “Public Transportation Safety Certification Training Program”; and (c) Compliant with the requirements of 49 CFR Part 674, “Sate Safety Oversight”. Certifications and Assurances Fiscal Year 2021 16 CATEGORY 17. DEMAND RESPONSIVE SERVICE. If the applicant operates demand responsive service and will apply for an award to purchase a non-rail vehicle that is not accessible within the meaning of 49 CFR Part 37, it must make the following certification. This certification is required by 49 CFR § 37.77. The applicant certifies that the service it provides to individuals with disabilities is equivalent to that provided to other persons. A demand responsive system, when viewed in its entirety, is deemed to provide equivalent service if the service available to individuals with disabilities, including individuals who use wheelchairs, is provided in the most integrated setting appropriate to the needs of the individual and is equivalent to the service provided other individuals with respect to the following service characteristics: (a) Response time; (b) Fares; (c) Geographic area of service; (d) Hours and days of service; (e) Restrictions or priorities based on trip purpose; (f) Availability of information and reservation capability; and (g) Any constraints on capacity or service availability. CATEGORY 18. INTEREST AND FINANCING COSTS. If the applicant will pay for interest or other financing costs of a project using assistance awarded under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), the Fixed Guideway Capital Investment Grants Program (49 U.S.C. § 5309), or any program that must comply with the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)), or awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the following certification. This certification is required by 49 U.S.C. §§ 5307(e)(3) and 5309(k)(2)(D). The applicant certifies that: (a) Its application includes the cost of interest earned and payable on bonds issued by the applicant only to the extent proceeds of the bonds were or will be expended in carrying out the project identified in its application; and (b) The applicant has shown or will show reasonable diligence in seeking the most favorable financing terms available to the project at the time of borrowing. Certifications and Assurances Fiscal Year 2021 17 CATEGORY 19. CONSTRUCTION HIRING PREFERENCES. If the applicant will ask FTA to approve the use of geographic, economic, or any other hiring preference not otherwise authorized by law on any contract or construction project to be assisted with an award from FTA, it must make the following certification. This certification is required by the Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. L, title I, § 199(b). The applicant certifies the following: (a) That except with respect to apprentices or trainees, a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work that the contract requires resides in the jurisdiction; (b) That the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does not displace any of its existing employees in order to satisfy such hiring preference; and (c) That any increase in the cost of labor, training, or delays resulting from the use of such hiring preference does not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation Improvement Program. CATEGORY 20. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK AND OPERATIONS. If the applicant operates a rail fixed guideway public transportation system, it must make this certification. This certification is required by 49 U.S.C. § 5323(v), a new subsection added by the National Defense Authorization Act for Fiscal Year 2020, Pub. L. 116-92, § 7613 (Dec. 20, 2019). For information about standards or practices that may apply to a rail fixed guideway public transportation system, visit https://www.nist.gov/cyberframework and https://www.cisa.gov/. The applicant certifies that it has established a process to develop, maintain, and execute a written plan for identifying and reducing cybersecurity risks that complies with the requirements of 49 U.S.C. § 5323(v)(2). CATEGORY 21. PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS FORMULA AND DISCRETIONARY PROGRAM (TRIBAL TRANSIT PROGRAMS). Before FTA may provide Federal assistance for an Award financed under either the Public Transportation on Indian Reservations Formula or Discretionary Program authorized under 49 U.S.C. § 5311(c)(1), as amended by the FAST Act, (Tribal Transit Programs), the applicant must select the Certifications in Category 21, except as FTA determines otherwise in writing. Certifications and Assurances Fiscal Year 2021 18 Tribal Transit Program applicants may certify to this Category and Category 1 (Certifications and Assurances Required of Every Applicant) and need not make any other certification, to meet Tribal Transit Program certification requirements. If an applicant will apply for any program in addition to the Tribal Transit Program, additional certifications may be required. FTA has established terms and conditions for Tribal Transit Program grants financed with Federal assistance appropriated or made available under 49 U.S.C. § 5311(c)(1). The applicant certifies that: (a) It has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award. (b) It has or will have satisfactory continuing control over the use of its equipment and facilities acquired or improved under its Award. (c) It will maintain its equipment and facilities acquired or improved under its Award, in accordance with its transit asset management plan and consistent with FTA regulations, “Transit Asset Management,” 49 CFR Part 625. Its Award will achieve maximum feasible coordination with transportation service financed by other federal sources. (d) With respect to its procurement system: (1) It will have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, for Awards made on or after December 26, 2014, (2) It will have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” 49 CFR Part 18, specifically former 49 CFR § 18.36, for Awards made before December 26, 2014, or (3) It will inform FTA promptly if its procurement system does not comply with either of those U.S. DOT regulations. (e) It will comply with the Certifications, Assurances, and Agreements in: (1) Category 05.1 and 05.2 (Charter Service Agreement and School Bus Agreement), (2) Category 06 (Transit Asset Management Plan), (3) Category 07.1 and 07.2 (Rolling Stock Buy America Reviews and Bus Testing), (4) Category 09 (Formula Grants for Rural Areas), (5) Category 15 (Alcohol and Controlled Substances Testing), and (6) Category 17 (Demand Responsive Service). Certifications and Assurances Fiscal Year 2021 1 FEDERAL FISCAL YEAR 2021 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE PROGRAMS (Signature pages alternate to providing Certifications and Assurances in TrAMS.) Name of Applicant:_____________________________________________________ The Applicant certifies to the applicable provisions of categories 01–21. _______ Or, The Applicant certifies to the applicable provisions of the categories it has selected: Category Certification 01 Certifications and Assurances Required of Every Applicant 02 Public Transportation Agency Safety Plans 03 Tax Liability and Felony Convictions 04 Lobbying 05 Private Sector Protections 06 Transit Asset Management Plan 07 Rolling Stock Buy America Reviews and Bus Testing 08 Urbanized Area Formula Grants Program 09 Formula Grants for Rural Areas 10 Fixed Guideway Capital Investment Grants and the Expedited Project Delivery for Capital Investment Grants Pilot Program 11 Grants for Buses and Bus Facilities and Low or No Emission Vehicle Deployment Grant Programs Certifications and Assurances Fiscal Year 2021 2 12 Enhanced Mobility of Seniors and Individuals with Disabilities Programs 13 State of Good Repair Grants 14 Infrastructure Finance Programs 15 Alcohol and Controlled Substances Testing 16 Rail Safety Training and Oversight 17 Demand Responsive Service 18 Interest and Financing Costs 19 Construction Hiring Preferences 20 Cybersecurity Certification for Rail Rolling Stock and Operations 21 Tribal Transit Programs FEDERAL FISCAL YEAR 2021 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE (Required of all Applicants for federal assistance to be awarded by FTA in FY 2021) AFFIRMATION OF APPLICANT Name of the Applicant: BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FTA) in federal fiscal year 2021, irrespective of whether the individual that acted on his or her Applicant’s behalf continues to represent it. FTA intends that the Certifications and Assurances the Applicant selects on the other side of this document should apply to each Award for which it now seeks, or may later seek federal assistance to be awarded during federal fiscal year 2021. The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the statements submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., and implementing U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR part 31, apply to any certification, assurance or submission made to Certifications and Assurances Fiscal Year 2021 3 FTA. The criminal provisions of 18 U.S.C. § 1001 apply to any certification, assurance, or submission made in connection with a federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate. Signature Date: Name Authorized Representative of Applicant AFFIRMATION OF APPLICANT’S ATTORNEY For (Name of Applicant): As the undersigned Attorney for the above-named Applicant, I hereby affirm to the Applicant that it has authority under state, local, or tribal government law, as applicable, to make and comply with the Certifications and Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and Assurances have been legally made and constitute legal and binding obligations on it. I further affirm that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of its FTA assisted Award. Signature Date: Name Attorney for Applicant Each Applicant for federal assistance to be awarded by FTA must provide an Affirmation of Applicant’s Attorney pertaining to the Applicant’s legal capacity. The Applicant may enter its electronic signature in lieu of the Attorney’s signature within TrAMS, provided the Applicant has on file and uploaded to TrAMS this hard-copy Affirmation, signed by the attorney and dated this federal fiscal year. Prepared by GUG Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG APRIL 4, 2022 AGENDA ITEM: Resolution reserving the City’s 2022 private activity bonding authority. SUMMARY RECOMMENDATION: The City Manager and Director of Community Development recommended that the resolution be approved. BACKGROUND: Each year before May 1st the City Council must make a decision regarding the use of the City’s private activity bonding authority that is allocated to the City by the State. If the bond authority is not committed to a local project, ceded to another entity or reserved by May 1, 2022, then the unallocated bond cap will go back to the Governor’s office for use elsewhere in the state. For 2022 the City’s available bond allocation is $3,278,330, which is based on a private activity allocation of $110 per capita from the State of Illinois (City’s population estimate of 29,803 per State of Illinois Guidelines and Procedures). At this point there is not a specific project for the use of the private activity bonds. However, in order to allow the ability to continue to work on possible options, the City Council would need to reserve the bond authority for future use. If a City project does not surface, the City has the ability to cede its unused authority to QCREDA (Quad Cities Regional Economic Development Authority) later in the year, as has been done in previous years. BUDGET IMPACT: There would be no direct impact upon the budget if the bond authority is reserved. SUPPORTING DOCUMENTS: 1. Resolution 2. Request from QCREDA 22-2016 RESOLUTION NO. ____________ A RESOLUTION RESERVING 2022 VOLUME CAP FOR PRIVATE ACTIVITY BOND ISSUES, AND RELATED MATTERS WHEREAS, the City of Galesburg, Knox County, Illinois, (the “Municipality”) is a municipality and a home rule unit of government under Section 6 of Article VII of the 1970 Constitution of the State of Illinois; and WHEREAS, the Internal Revenue Code of 1986 provides that the amount of private activity bonds which may be issued by the Municipality as a constitutional home rule unit is equal to its population multiplied by $110; and WHEREAS, according to an official Bureau of the Census population estimate set forth in the State of Illinois Guidelines and Procedures for the Allocation of Private Activity Bonding Authority in Accordance with the Tax Reform Act of 1986 and 30 ILCS 345 of the Office of the Governor, effective January 1, 2022 (the “Guidelines and Procedures”), the most recent census estimate of resident population of the City of Galesburg is 29,803, providing the Municipality with a volume cap of $3,278,330 for the year 2022; and WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended (the “Code”), provides that such volume cap may be reserved and allocated to certain tax-exempt private activity bonds; and WHEREAS, the Illinois Private Activity Bond Allocation Act, 30 Illinois Compiled Statutes 2004, 345/1 et seq., (the “Act”), as supplemented and amended, and the Guidelines and Procedures, provides that a home rule unit of government may reserve its allocation of volume cap or may transfer its allocation of volume cap to any other home rule unit of government, the State of Illinois or any agency thereof or any non-home rule unit of government; and WHEREAS, it is now deemed necessary and desirable by the Municipality to reserve its entire volume cap allocation for calendar year 2022 to be applied toward the issuance of private activity bonds, or to transfer such volume cap allocation, as permitted by this Resolution; NOW, THEREFORE, BE It and It Is Hereby Resolved by the City Council of the City of Galesburg, Knox County, Illinois, in the exercise of its home rule powers, as follows: SECTION ONE. That pursuant to the power and authority granted by and under Section 6 of Article VII of the 1970 Constitution of the State of Illinois, Section 146 of the Code, the Act and the Guidelines and Procedures, the Municipality hereby reserves volume cap in the principal amount of $3,278,330, which is all of the volume cap of the Municipality for the year 2022. Such volume cap shall be applied toward the issuance of private activity bonds or shall be transferred as directed by the Mayor or any other proper officer or employee of the Municipality without any further action required on the part of the Municipality, and the adoption of this Resolution shall be deemed to be an allocation of such volume cap to the issuance of such bonds; provided, that any transfer of volume cap shall be evidenced by a written instrument executed by the Mayor or any other proper officer or employee of the Municipality. SECTION TWO. That the Mayor, the City Clerk and all other proper officers, officials, agents and employees of the Municipality are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents and certificates as may be necessary to further the purposes and intent of this Resolution. SECTION THREE. That the provisions of this Resolution are hereby declared to be separable, and if any section, phrase or provision of this Resolution shall for any reason be declared to be invalid, such declaration shall not affect the remainder of the sections, phrases and provisions of this Resolution. Approved this _____ day of _________________, 2022, by a roll call vote as follows: Roll Call #:_________________ Ayes: ________________________________________________________________________ Nays: ________________________________________________________________________ Absent: ______________________________________________________________________ Abstain: ______________________________________________________________________ ATTEST: ______________________________ Peter Schwartzman, Mayor ____________________________ Kelli R. Bennewitz, City Clerk QUAD CITIES REGIONAL ECONOMIC DEVELOPMENT AUTHORITY 622 Nineteenth Street • Moline • Illinois 61265 • Tel: 866-325-7525 • Web: www.qcreda.com February 16, 2022 The Honorable Peter Schwartzman, Mayor City of Galesburg 55 W. Tompkins St., P. O. Box 1387 Galesburg, IL 61402-1387 Dear Mayor Schwartzman: The Quad Cities Regional Economic Development Authority (QCREDA) respectfully requests consideration for the transfer of your uncommitted 2022 Home Rule Volume Cap to QCREDA for economic development and housing projects. We have mutually benefited from working with other communities that have allowed QCREDA to successfully issue over $205,108,824 in bonds that have created over 2,618 jobs. QCREDA has developed relationships with home rule communities and other regional development authorities in working together to accommodate the Volume Cap needs of their projects. At the end of the calendar year, Volume Cap can be carried forward for three years, but once carried forward. We have developed a mutually beneficial relationship among communities, counties, and other regional development authorities to share this valuable resource for the benefit of the region. As you may be aware, home rule communities receive a direct allocation in 2022 equal to their population times $110. The 2022 State of Illinois Allocation guidelines identify Galesburg’s population at 29,803, so your 2022 Volume Cap Allocation is $3,278,330. You are required to obligate this allocation by May 1st of each calendar year or it automatically goes back to the State of Illinois for reallocation to other agencies. If the City of Galesburg would consider passing an ordinance transferring their 2022 allocation to QCREDA prior to May 1st, then QCREDA would be able to keep this cap until December 31st and for the following three years. QCREDA is interested in serving in this capacity to develop a relationship with home rule communities promote economic development in the region. We respectfully request if you don’t intend to obligate your volume cap that you allow us to use it to benefit the residents of QCREDA. I have taken the liberty of enclosing a draft Ordinance for your review and a form of letter to the Governor’s Office with notification of the transfer. These actions would need to take place by May 1st. Please call me at 217-836-9553 or by email at warrenribley@qcreda.com if you have any questions. Please send a copy of the Ordinance/Resolution and notification letter to the Governor’s Office of Management and Budget and a copy to us as well to QCREDA Capitol Office, PO Box 9079, Springfield, IL 62791. Sincerely, Warren Ribley Executive Director ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 1 of 2 COUNCIL LETTER CITY OF GALESBURG APRIL 4, 2022 AGENDA ITEM: Donation of unused surplus clay dirt from the transit facility property to the Galesburg Public Library. SUMMARY RECOMMENDATION: The City Manager and Director of Public Works recommend that the City Council approve passage of a resolution declaring the pile of clay located on the transit facility property as surplus property and authorizing the donation of approximately 5,000 cubic yards to the Galesburg Public Library for the new library construction. BACKGROUND: When the new transit facility was constructed it required a large detention pond to be constructed north of the facility. This pond required a large amount of dirt to be excavated from the property for the detention area. Rather than pay to haul the excess dirt off the site, it was piled up on the northwest corner of the property and seeded. The material is largely clay material, and the city does not have a use for the material. There is a discrepancy in the contract bid documents for the new public library to where an estimated additional 10,000 cubic yards of material is needed for fill on the project. The engineer is recommending obtaining approximately 5,000 cubic yards from the proposed library site by lowering the grades by one foot which would leave approximately 5,000 cubic yards of dirt still needed for the project. If the City agrees to donate the excess dirt from the transit facility it should be enough in order to complete the work. The contractor for the library project will have to haul the material and will be responsible for finish grading and seeding of the site once the excess dirt is removed. BUDGET IMPACT: There is no proposed cost to the City for the donation of the excess dirt to the Library SUPPORTING DOCUMENTS: 1. Resolution 22-2017 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 2 of 2 RESOLUTION NO._______________ RESOLUTION DONATING EXCESS CLAY MATERIAL FROM THE TRANSIT FACILITY TO THE GALESBURG PUBLIC LIBRARY WHEREAS, three-fourths of all the Corporate Authorities of the City of Galesburg, Illinois, are of the opinion that the Personal Property hereinafter described is no longer necessary or useful to, or for the best interest of the City of Galesburg. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS, as follows: SECTION 1. That the City Manager is authorized to donate approximately 5,000 cubic yards of clay dirt located in the northwest corner of the transit facility property located at 1025 Monmouth Boulevard, to the Galesburg Public Library. SECTION 2. This Resolution shall be in full force and effect from, and after its passage, approval according to law. Approved this day of , 2022, by a roll call vote as follows: Roll Call #:_________________ Ayes:__________________________________________________________________________ Nays:__________________________________________________________________________ Absent:________________________________________________________________________ Abstain: _______________________________________________________________________ _______________________________________ Peter Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk Prepared by GUG Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG APRIL 4, 2022 AGENDA ITEM: Resolution authorizing the transfer of funds from the Tax Increment Financing (TIF) District II fund to the TIF IV fund. SUMMARY RECOMMENDATION: The City Manager and Director of Community Development recommend approval of the resolution. BACKGROUND: The Illinois Tax Increment Allocation Redevelopment Act (the TIF Act), provides specifically for the transfer of funds from one TIF district to another. Section 4 (q) of the Act [65 ILCS 5/11-74.4-4(q)] provides that a municipality may utilize revenues generated in one redevelopment project area to pay for eligible costs in another redevelopment project area if the boundaries are contiguous to the redevelopment project from which the revenues are received, the redevelopment project areas are separated only by a public right of way, and/or the redevelopment project areas are separated by a forest preserve property with a width of less than one mile. Attached for the City Council’s consideration is a resolution authorizing the transfer of $48,725 from TIF II to TIF IV. These funds will be utilized to cover expenses related to the storage space that will be created in 120 E Main Street for the Parks & Recreation Department. BUDGET IMPACT: The resolution provides for the transfer of $48,725 between the TIF II Fund and the TIF IV Fund. Sufficient funds are available in the TIF II Fund. SUPPORTING DOCUMENTS: 1. Resolution 22-2018 RESOLUTION NO. ___________ RESOLUTION PROVIDING FOR THE TRANSFER OF FUNDS FROM THE EAST MAIN STREET TIF DISTRICT II TO THE CENTRAL/EAST MAIN TIF IV REDEVELOPMENT PROJECT AREA TO PAY FOR ELIGIBLE COSTS WHEREAS, the City of Galesburg (the “City”) is authorized under the provisions of the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 11-74.4-1, et seq. (the “Act”), to finance redevelopment project costs in connection with redevelopment project area established in accordance with the conditions and requirements set forth in the Act; and WHEREAS, pursuant to 65 ILCS 5/11-74.4.-4 paragraph (q) of the Act, the City is authorized to utilize revenues generated in one redevelopment project area to pay for eligible costs in another redevelopment project area if the boundaries are contiguous to the redevelopment project from which the revenues are received, the redevelopment project areas are separated only by a public right of way, and/or the redevelopment project areas are separated by a forest preserve property with a width of less than one mile; and WHEREAS, the City desires to transfer funds from the East Main Street TIF (also referred to as “TIF II”) Special Tax Allocation Fund (the “TIF II Fund”) to the Central/East Main TIF (also referred to as “TIF IV”) Special Tax Allocation Fund (the “TIF IV Fund”) to pay for eligible redevelopment project costs within TIF IV; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Galesburg, Illinois as follows: 1. That the City Council hereby finds that, pursuant to the requirements of the Act, the boundaries of TIF II and TIF IV are contiguous, as shown in the attached map. 2. That the Tax Increment Financing Redevelopment Plan and Project for TIF IV, dated February 19, 2008, states on page 41 the following with respect to sources of funds: “If available, revenues from other economic development funding sources, public or private, will be utilized. These may include…applicable revenue from any adjoining Tax Increment Financing Area…” 3. That the Tax Increment Financing Redevelopment Plan and Project for TIF II, dated August 12, 2009, states on page 22 the following with respect to sources of funds: “If available, revenues from other economic development funding sources, public or private, will be utilized. These may include…property tax increment from any adjoining Tax Increment Financing Areas…” 4. That the City Council authorizes the Director of Finance and Information Systems to make a transfer in the amount of $48,725 from the TIF II Fund to the TIF IV Fund to assist with the financing of a project, specifically, funds will be used for eligible renovation costs related to the storage space that will be created in 120 E Main Street in furtherance of the objectives of the redevelopment plan identified above. 5. That this resolution shall take effect immediately from and after its passage. Approved this day of , 2022, by a roll call vote as follows: Roll Call #: Ayes: ________________________________________________________________________ Nays: ________________________________________________________________________ Absent: _______________________________________________________________________ Abstain: ______________________________________________________________________ ATTEST: ______________________________ Peter Schwartzman, Mayor ____________________________ Kelli R. Bennewitz, City Clerk ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by TDM Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG APRIL 4, 2022 AGENDA ITEM: Bid recommendation, demolition and clean-up of six properties in Galesburg, IL. SUMMARY RECOMMENDATION: The City Manager, Director of Community Development, Code Compliance Supervisor and Purchasing Agent recommend City Council award the demolition of these six properties as outlined to Mechanical Service of Galesburg Inc. in the amount of $88,500. BACKGROUND: Community Development has taken the necessary steps through the court system for the demolition of the following properties: 1) 848 South Seminary Street, 2) 1007 East South Street, 3) 1356 East Main Street, 4) 289 South Chambers Street, 5) 246 East Fifth Street, and 6) 465 Mulberry Street – covered roof, East side only. These properties have been found to be either dangerous to the general public or not economically feasible to restore. Photos of the properties have been attached for your reference. When applicable, the City bills the owners of the non-City owned properties for the demolition charges in an attempt to be reimbursed for the fees involved in these demolitions once the demolition project would be completed. The request for bid was advertised in the Galesburg Register-Mail and made available on the City website. Emails were also sent to all known demolition vendors on file. Seven vendors responded to this bid request with the low and best bid submitted by Mechanical Service of Galesburg Inc. in the amount of $88,500.00. City staff have reviewed the bid submitted by Mechanical Services of Galesburg Inc. and find that the costs submitted for this project are reasonable based on the requirements of this demolition. As a matter of public safety, City staff recommend approval. A detailed bid tabulation is attached. BUDGET IMPACT: There are applicable funds available in the Property Redevelopment (Fund 23) to complete these demolitions. SUPPORTING DOCUMENTS: 1.Photos of 848 South Seminary Street 2.Photos of 1007 East South Street 3.Photos of 1356 East Main Street 4.Photos of 289 South Chambers Street 5.Photos of 246 East Fifth Street 6.Photos of 465 Mulberry Street – covered roof, East side only 7.Bid Tabulation for this project 22-3009 848 S. Seminary 1007 E South St 1356 E Main St 289 S Chambers St 246 E Fifth St CITY OF GALESBURG Community Development Department Operating Under Council -Manager Government Since 1957 9914101005 e 83 S SEMINARY ST i t: _ 9914101006 93 S SEMINARY ST 9914101007 99 S SEMINARY ST 9914101008 105 S SEMINARY ST r 1' r n rra • 9914101010 465 Mulberry St Feet 40 20 0 40 80 120 9914101030) 476 E MAIN ST 1 t r R 1 P0 9914101027 4, 9914101028 465 MULBERRY ST 0 59914101026O/F J 451 MULBERRN 9914101025 441 ddd MULBERRY ST t 1 9914101023 1 132 N W+E S F- w v a M { i C0 991410201 LU / U y II 1 I, 9914502007 I I I MULBERRY ST Cadastral City of Galesburg 465 Mulberry St January 20, 2021 CITY OF GALESBURG Finance Department Bid Results for Demo of Six Properties 3/23/2022 Attended by: T Miller/R Speidel/A Gavin Demo Cost Working Days Demo Cost Working Days Demo Cost Working Days Demo Cost Working Days Demo Cost Working Days 848 S Seminary St 16,500.00$ 10 22,965.00$ 15 27,326.00$ 50 19,500.00$ 14 16,200.00$ 7 1007 E South St 16,500.00$ 10 22,086.00$ 15 27,326.00$ 90 28,000.00$ 14 17,300.00$ 7 1356 E Main St 16,500.00$ 10 17,850.00$ 15 27,326.00$ 110 28,400.00$ 14 14,500.00$ 7 289 S Chambers St 16,500.00$ 10 18,000.00$ 15 27,326.00$ 70 22,100.00$ 14 16,800.00$ 7 246 E Fifth St 16,500.00$ 10 24,000.00$ 15 27,326.00$ 30 25,900.00$ 14 17,200.00$ 7 465 Mulberry St-Covered Roof - East Side Only 167,500.00$ 30 11,848.00$ 15 12,120.00$ 120 230,000.00$ 14 13,000.00$ 7 Total Bid Submission:250,000.00$ 116,749.00$ 148,750.00$ 353,900.00$ 95,000.00$ Bid Security Demo Cost Working Days Demo Cost Working Days Demo Cost Working Days Demo Cost Working Days Demo Cost Working Days 848 S Seminary St 26,370.87$ 75 17,300.00$ 5 1007 E South St 22,518.18$ 70 17,300.00$ 5 1356 E Main St 18,636.65$ 60 17,300.00$ 7 289 S Chambers St 21,381.07$ 65 17,300.00$ 5 246 E Fifth St 25,225.11$ 90 17,300.00$ 5 465 Mulberry St-Covered Roof - East Side Only 5,863.50$ 45 2,000.00$ 1 Total Bid Submission:119,995.38$ 88,500.00$ **Low Bid Bid Security Lockwood Excavating & Construction Inc Galesburg, IL BBBBBB Vendor JIMAX Corp Mechanical Service Inc Neidig Trucking & Excavating Brown Excavating & Demolition Vendor Canton, IL Alpha, IL D&T Demolition LLC Galesburg, IL BB S. Shafer Excavating Inc Pontoon Beach, IL BB Peoria, IL Galesburg, IL BB BB ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: AJG Page 1 of 2 CITY OF GALESBURG COUNCIL LETTER APRIL 4, 2022 AGENDA ITEM: Bids for concrete pavement patching on Linwood Road and Carl Sandburg Drive. SUMMARY RECOMMENDATION: The City Manager, Director of Public Works, and City Engineer recommend approval of the bid in the amount of $152,960.00 to Brandt Construction Co. BACKGROUND: The project requires the Contractor to remove and replace areas of damaged concrete pavement in various locations along Linwood Road and Carl Sandburg Drive. Sections of the concrete pavement have heaved and broken and require that the broken panels be removed and new panels be poured. A patching project on this section of roadway was done in 2020 and fixed a portion of the pavement that was damaged. However, there were additional areas that still needed to be addressed. This work will address these additional areas and extend the life of the roadway. The project was advertised in the Register Mail and on the City’s website. Fourteen (14) bid proposals were sent out and five (5) bids were received. The low bidder for the project was Brandt Construction in the amount of $152,960.00. The bid for this project was within reason of the estimated amount anticipated for the work. It is anticipated the project would begin in May and will take approximately three weeks to complete. BUDGET IMPACT: Sufficient funds are budgeted for this project in the City Gas Tax Fund (14). SUPPORTING DOCUMENTS: 1. Vendors contacted 2. Bid Tabulation 22-3010 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: AJG Page 2 of 2 VENDORS CONTACTED: Gunther Construction Co., Galesburg, IL Brandt Construction, Milan, IL Laverdiere Construction, Macomb, IL Lockwood Excavating, Galesburg, IL Illinois Civil Contractors, Inc., East Peoria, IL Hein Construction Co., Galesburg, IL Valley Construction Co., Rock Island, IL Otto Baum Co., Morton IL Phoenix Corporation, Port Byron, IL Miller’s Trucking & Excavating, Silvis, IL Stark Excavating, Bloomington, IL G.M. Sipes Construction, Rushville, IL McCarthy Improvement, Davenport, IA Miller & Son Construction Co., Mackinaw, IL CITY OF GALESBURG Purchasing Operating Under Council- Manager Government Since 1957 Pavement Patching - Linwood Rd and Carl Sandburg Drive BIDDER NAME: Section: 22-01003-52-GM BIDDER ADDRESS: Bid Date: 3/23/2022 CITY/STATE/ZIP: ATTENDED BY: T. MILLER/A. GAVIN UNIT UNIT UNIT UNIT UNIT QTY UNIT ITEM PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 54 SQ YD CLASS C PATCH. TY IV, 9"185.00$ 9,990.00$ 146.91$ 7,933.14$ 175.00$ 9,450.00$ 209.69$ 11,323.26$ 230.00$ 12,420.00$ 4 EA INLETS TO BE ADJUSTED 1,200.00$ 4,800.00$ 833.16$ 3,332.64$ 250.00$ 1,000.00$ 642.33$ 2,569.32$ 3,000.00$ 12,000.00$ 1 LSUM MOBILIZATION 6,300.00$ 6,300.00$ 2,627.28$ 2,627.28$ 8,000.00$ 8,000.00$ 13,038.54$ 13,038.54$ 13,500.00$ 13,500.00$ 1 LSUM TRAFFIC CONTROL AND PROT (SPL)3,600.00$ 3,600.00$ 17,054.61$ 17,054.61$ 4,000.00$ 4,000.00$ 7,731.44$ 7,731.44$ 12,000.00$ 12,000.00$ 52 SQ YD CL C PATCH, TY III, 8" (SPL)200.00$ 10,400.00$ 142.96$ 7,433.92$ 170.00$ 8,840.00$ 254.07$ 13,211.64$ 230.00$ 11,960.00$ 109 SQ YD CL C PATCH, TY IV, 8" (SPL)180.00$ 19,620.00$ 144.28$ 15,726.52$ 170.00$ 18,530.00$ 249.92$ 27,241.28$ 235.00$ 25,615.00$ 635 SQ YD CL C PATCH, TY IV, 9" (SPL)150.00$ 95,250.00$ 147.17$ 93,452.95$ 180.00$ 114,300.00$ 219.03$ 139,084.05$ 220.00$ 139,700.00$ 1 LSUM LANDSCAPING (SPL)3,000.00$ 3,000.00$ 9,664.22$ 9,664.22$ 500.00$ 500.00$ 3,109.59$ 3,109.59$ 4,000.00$ 4,000.00$ TOTAL COST 152,960.00$ 157,225.28$ 164,620.00$ 217,309.12$ 231,195.00$ Bid Bond Bid Bond Bid Bond Milan, IL 61264 Galesburg, IL 61401 Macomb, IL 61455Rushville, IL 62681 Bid Bond East Peoria, IL 61611 Bid Bond Brandt Construction Co.Gunther Construction Laverdiere Construction, Inc. 700 4th St. W.816 N. Henderson St.4055 W. Jackson St. G.M. Sipes Construction Inc. 503 E. Adams Illinois Civil Contractractors Inc. 420 Pinecrest Dr. ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG APRIL 4, 2022 AGENDA ITEM: Bids for sealcoating the Water Treatment Plant Roadway in Oquawka Illinois. SUMMARY RECOMMENDATION: The City Manager, Director of Public Works, and Water Superintendent recommend approving the award of the bid in the amount of $39,780.95 from Gunther Construction Co. from Galesburg, IL. BACKGROUND: In 2020, the Water Division hired a contractor to grind up the surface of the existing roadway, place 2 inches of rock on the roadway, and then till, shape, & compact it. Once that was completed the contractor applied prime oil to the roadway and then double seal coated it. After a roadway has been redone as described above, it is required to go back and place another layer of sealcoat on the roadway within a year or two of the initial project. This project consists of placing a layer of liquid asphalt and applying rock onto the liquid asphalt to form a paved surface. Once this work is completed, the roadway will need to be sealed every five to seven years to keep it in good service. This is the roadway that leads from Il Route 164 to the Control building and to the Ranney Well near the river. The project was advertised in the Register Mail and on the City website. Two (2) bid proposals were received. The low bidder was Gunther Construction Co. in the amount of $39,780.95. The bid was within estimates and is recommended to award. BUDGET IMPACT: There are sufficient funds budgeted for this work from the Water fund (61). SUPPORTING DOCUMENTS: 1. Bid Tabulation 22-3011 CITY OF GALESBURG Purchasing Operating Under Council- Manager Government Since 1957 2022 WELL ROADS SEAL COAT BIDDER NAME: Section: 22-01003-54-GM BIDDER ADDRESS: Bid Date: 3/23/2022 CITY/STATE/ZIP: ATTENDED BY: T. MILLER A. GAVIN UNIT UNIT QTY UNIT ITEM PRICE TOTAL PRICE TOTAL 5269.0 SQ YD BITUMINOUS SURFACE TREATMENT A-1 7.55$ 39,780.95$ 7.84$ 41,308.96$ TOTAL COST 39,780.95$ 41,308.96$ ADDENDUM 1 Yes Yes Gunther Construction Co Brandt Construction Co 816 N Henderson St 700 4th Street West Bid Bond Bid Bond Galesburg, IL 61401 Milan, IL 61264 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: TDM Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG APRIL 4, 2022 AGENDA ITEM: Approve a three year agreement with Kone Inc. to provide annual elevator maintenance. SUMMARY RECOMMENDATION: The City Manager, Director of Parks and Recreation, and Purchasing Agent recommend City Council approve a three year agreement with Kone Inc. to provide scheduled annual maintenance along with quarterly preventative maintenance visits for three elevators, a dumb waiter and a lift. BACKGROUND: The City of Galesburg has utilized Kone Inc. for many years to provide maintenance on the elevator located in the Galesburg Public Safety Building and the remaining two elevators, dumb waiter and lift have all been serviced by Otis Elevator Company. Each company requiring a separate agreement with the City. In an effort to be cohesive and uphold consistent rates throughout, the City drafted an RFP inviting qualified companies to submit a proposal for a three year maintenance agreement covering all five transport units. The request for proposal was advertised in the local paper and made available on the City’s website. In addition, three known vendors providing this service in the area were contacted via email and asked to submit a proposal. Otis Elevator Company and Kone Inc. responded to the City’s request. City staff carefully reviewed the proposals submitted and found both vendors met the requirements outlined in the RFP, but Kone Inc. offered a lower rate for all three years totaling $9,179.97 as well as a 25% discount on call-out billing for any additional repairs not covered in the agreement. The City has utilized the services of Kone Inc. for many years and is confident that continuing the relationship will be advantageous for the City. BUDGET IMPACT: This service is budgeted annually in the Parks and Recreation Fund (19). SUPPORTING DOCUMENTS: 1.Pricing sheets 22-4034 P R IC IN G S H E E T ELEVATOR MAINTENANCE CONTRACT FOR THE CITY OF GALESBURG, ILLINOIS Name of Offeror: O tis E levato r Co m pa ny Business Address: 6 0 2 N M ain Street E ast Peoria, IL 6 1611 Contact Person: Sh e ila U tte rb ac k -------------------- Email Address: sheila.utterback@otis.com Telephone No: l-229-00% LOCATION/UNIT YEAR 1 YEAR 2 YEAR 3 LOCATION TOTAL City Hall - Elevator $70 $7 2.8 0 $75.71 $26 22.12 Public Safety Bldg - Elevator $70 $7 2.8 0 $7 5.71 $26 22.12 Lake Storey Pavilion - Elevator $70 $72.80 $75.71 $2622.12 Lake Storey Pavilion - $3 5 $36.4 0 $37 .86 $13 11.12 Dumbwaiter Lakeside Recreation Center - Lift $30 $31.2 0 $3 2.4 5 $1123.80 ANN UAL TOTAL: $3300 $3432 $3569.28 s$ 10 30 1.28 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by Gug Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG APRIL 4, 2022 AGENDA ITEM: Professional Service Agreement with PGAV Planners, LLC to close out Tax Increment Financing District 2 and closing the early termination subarea of Tax Increment Financing District 4. SUMMARY RECOMMENDATION: The City Manager and Director of Community Development recommend approval of the Professional Services Agreement. BACKGROUND: The Tax Increment Financing District 2 (TIF 2) and an early termination subarea of Tax Increment Financing District 4 (TIF 4) are set to expire, and per the Illinois TIF Act, the city must go through the process of termination. TIF 2 was created in 1986 and had a base Equalized Assessed Value (EAV) of $788,980 and as of the end of reporting year 2020 the EAV was approximately $5,520,071. Compensation for this portion of services are not to exceed $2,000. TIF 4 was created in 2008 and had a base Equalized Assessed Value (EAV) of $14,955,813 and as of the end of reporting year 2020 the EAV was approximately $14,795,488. At the time TIF 4 was created, it was agreed upon by all taxing districts that the early termination subarea would expire at the same time the TIF 2 would expire. An aerial of this area is attached, but it is generally along East Main Street from approximately Duffield Ave easterly to Chestnut St. The remaining portion of TIF 4 will remain in place until it is set to expire on December 31, 2031 (with the TIF increment still being received in the TIF 4 fund FY 2032). Compensation for this portion of services are not to exceed $4,000. Per the Agreement, PGAV will assist with the statutorily required process of closing out TIF 2 and the early termination area of TIF 4. It is also required to have a legal description developed of the TIF 4 early termination area, which will be done by Bruner Cooper and Zuck, Inc. for $1,800. BUDGET IMPACT: Sufficient funds for these professional services are available in the Tax Increment Financing 2 (056) and Tax Increment Financing 4 (049) funds. SUPPORTING DOCUMENTS: 1. Professional Service Agreement 2. Aerial of TIF 2 3. Aerial of TIF 4 early termination area 22-4035 02/23/22 Page 1 of 2 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF GALESBURG, ILLINOIS AND PGAV PLANNERS, LLC. THIS AGREEMENT is entered into on the date and by execution shown hereafter, by and between the City of Galesburg, Illinois, hereinafter referred to as the "City" and PGAV Planners, LLC, hereinafter referred to as "PGAV". Witnesseth: Whereas, the City has determined that among its core functions is the ongoing planning, economic development and redevelopment of the community; and Whereas, the City from time to time requires special expertise to assist in these activities; and Whereas, the City wishes to secure professional services on an as-needed basis regarding tax increment financing (TIF), community planning, and economic development; and Whereas, PGAV is duly experienced in providing expert advice in the fields of community planning, economic development, and TIF; Now, therefore, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES Upon request of the City, PGAV will assist in matters related to consultation on TIF matters, including the termination of TIF districts, or consultation on other planning, zoning, or economic development matters as shall be determined. 1.Outline the process and timeline for the closeout of part of TIF 4 and all of TIF 2 (as shown in the attached maps): This will include preparing a draft closeout ordinance and taxing district notification for the City’s use. 2.Provide ongoing services pertaining to the TIF closeouts. II. TIMING OF PERFORMANCE The services of PGAV will be available immediately upon acceptance of this Agreement and any PGAV assignment will be undertaken and completed in accordance with a mutually agreed upon schedule and the requirements of the TIF Act. Work will be initiated on a task when authorized by the City in the form of a written, electronic mail, or verbal request issued by an authorized representative of the City. 02/23/22 Page 2 of 2 III. FEE AND METHOD OF COMPENSATION A. For services related to the closeout of TIF No. 4 and TIF No. 2, compensation shall be made to PGAV in accordance with the following hourly rate schedule, not to exceed the amount of Six Thousand Dollars ($6,000), inclusive of reimbursable expenses, without written authorization from the City: B. Payments shall be made in accordance with monthly invoices in an amount equal to the time spent on the tasks outlined in the Scope of Services. C. Reimbursable expenses will consist of vehicle rentals, meals, and other "out-of-pocket" travel expenses required to provide the services described. Such expenses will be billed at their direct cost to PGAV. D. If the City fails to make payment due to PGAV for services and reimbursable expenses within 60 days after receipt of our initial statement, PGAV will suspend services under this agreement until PGAV has been paid in full the amounts due for services and expenses. E. If for any reason the City determines that a task properly initiated under the terms of this Agreement should not proceed, the City will inform PGAV in writing that they wish to terminate the task. The date of said termination shall occur upon receipt of the notice of termination by PGAV electronic mail (followed by receipt of an original signature copy of a notice or letter). The City will pay to PGAV an amount representing the work performed to the date of termination in accordance with the hourly rate schedule herein for the classification of personnel involved with the work plus any reimbursable expenses which have been incurred by PGAV to that date. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed this _______ day of _______________ 2022. ATTEST: CITY OF GALESBURG _________________________________ _______________________________ Todd Thompson, Mayor Kelli R. Bennewitz, City Clerk ATTEST: PGAV Planners, LLC _________________________________ _______________________________ Adam Stroud Andy Struckhoff Senior Project Manager Vice President Hourly Rate Vice President $250 Senior Director/Director $210 Associate Director $195 Senior Project Manager $190 Project Manager $150 Project Planner $140 Intern $65 Administrative/Technical Assistance $95 PGAV PLANNERS HOURLY RATES Project Staff 74 E Main St E Knox St Ohio AveE North St E South St Adams St Illinois AveLake StIndiana AveMadison StE Berrien St 305 74 74 34 150 9 40 7 31 TIF V I-74/E. Main Street (partial) TIF II E. Main Street TIF IV Central/E. Main Street (partial) Losey StPine StLincoln StDay StKnox StMain StFerris StFirst StSimmons StLombard StMichigan AveOhio AveFulton StCedar StSelden StBlaine AveNorth StTompkins StDuffield AveAdams StWalnut StChambers StArnold StWest StPrairie StWillard StCherry StOsage StIowa AveBrooks StClark StRio StBerrien StPearl StKellogg StBrown AveHarrison StPhillips StBroad StGrand AveFarnham StBateman StAccess J RdSeminary StAcademy StBeecher AveFlorence AveMulberry StWashington AveSouth StWater StLiberty StPark AveBurgland AveOttoson StSumner StPublic SqWashington StIowa CtWashington StLiberty StMulberry StWest StSouth StChambers StMain StSeminary StMain StKnox StMain StKellogg StBroad StBroad StAcademy StCedar StSouth StCedar StWest StSeminary StPrairie StCherry StKnox StFirst StAcademy StWater StExhibit KEarly Termination Sub-AreaCentral / East Main Redevelopment Project AreaCity of Galesburg, IllinoisFEBRUARY 200807001,400350FeetoLegendEarly Termination Sub-AreaCentral/East Main TIF User: Printed:03/29/2022 - 11:25AM ABrown Transactions by Account Batch:00004.04.2022 Accounts Payable Account Number Vendor AmountDescription PO No Date 001-0000-10407-00 Galesburg PBPA Unit #19 Donation from Sterling Associates - Kubis 300.0003/29/2022 001-0000-10701-00 APWA 01/23 - 04/23 Membership dues - W Carl 370.0003/29/2022 001-0000-10801-00 Rydin Sign & Decal 10 reflective door decals 706.1603/29/2022 001-0000-10801-00 Napa Auto Parts Hose clamp 7.9003/29/2022 001-0000-20101-00 AREC 42, LLC Refund payment - 1150 W Carl Sandburg Dr - billed incorrectly 70.0003/29/2022 001-0000-20101-00 AREC 42, LLC Refund payment - 1150 W Carl Sandburg Dr - billed incorrectly 40.0003/29/2022 001-0000-20101-00 AREC 42, LLC Refund payment - 1150 W Carl Sandburg Dr - billed incorrectly 30.0003/29/2022 001-0000-20102-00 ICMA-RC FY2021 OPEB Contributions 4,220.0003/29/2022 001-0000-20102-00 ICMA-RC FY2021 OPEB Contributions 116,195.0003/29/2022 001-0000-36070-00 Robert Benedict Refund - demo permit - 1819 Henderson St 1,638.0003/29/2022 123,577.06Subtotal for Divison: 0000 001-0105-54500-00 Dwight White IML Lobby Day - lodging,meals,mileage 550.0603/29/2022 550.06Subtotal for Divison: 0105 001-0110-61000-00 Office Specialists, Inc.Folders 23.3703/29/2022 23.37Subtotal for Divison: 0110 001-0115-61000-00 Office Specialists, Inc.Paper 77.8003/29/2022 77.80Subtotal for Divison: 0115 001-0145-51000-00 Tazewell County Sheriff's Office Case #22MR17 - C Kentner 20.5003/29/2022 001-0145-51000-00 Tazewell County Sheriff's Office Case #22MR17 - K Bellemey 24.5003/29/2022 001-0145-51000-00 D&S Private Detective, Inc Paper process service - L Nikholay Sauder 85.2003/29/2022 001-0145-51000-00 D&S Private Detective, Inc Paper process service - R Delacruz 90.5003/29/2022 001-0145-51000-00 D&S Private Detective, Inc Paper process service - H Schieber 90.4003/29/2022 001-0145-51010-00 Statham & Long, LLC 02/22 Adjudication 364.5003/29/2022 001-0145-51010-00 James M Kelly, Attorney 01/22 Legal services 957.0003/29/2022 001-0145-51010-00 James M Kelly, Attorney 01/22 Legal services 320.8303/29/2022 AP-Transactions by Account (03/29/2022 - 11:25 AM)Page 1 22-8006 Account Number Vendor AmountDescription PO No Date 001-0145-51010-00 James M Kelly, Attorney 01/22 Legal services 1,353.0003/29/2022 001-0145-51010-00 James M Kelly, Attorney 01/22 Legal services 1,353.0003/29/2022 001-0145-51010-00 James M Kelly, Attorney 01/22 Legal services 528.0003/29/2022 5,187.43Subtotal for Divison: 0145 001-0160-51000-00 Credit Collection Partners 02/22 Service 208.7503/29/2022 001-0160-51500-00 Register Mail, Inc.Notice to Proposers & Bidders #00020710 353.8003/29/2022 001-0160-59516-00 Jeffrey R Cervantez Citizen Portal Tutorial Video 750.0003/29/2022 001-0160-59516-00 Jeffrey R Cervantez Additions/revisions to Citizens Portal Tutorial Video 150.0003/29/2022 001-0160-59523-00 Galesburg Downtown Council Replacement Tax Payment FY 2022 11,031.3703/29/2022 12,493.92Subtotal for Divison: 0160 001-0205-51000-00 US Sterling Capital Corp., Inc.Vast Bank 180.8203/29/2022 001-0205-51000-00 US Sterling Capital Corp., Inc.Merrick Bank 245.0003/29/2022 001-0205-51000-00 US Sterling Capital Corp., Inc.Optus Bank 490.6703/29/2022 916.49Subtotal for Divison: 0205 001-0305-61000-00 Office Specialists, Inc.Pens 11.5703/29/2022 11.57Subtotal for Divison: 0305 001-0306-55400-00 Kendall Zimmerman Trash/debris removal - 645 Ohio 879.0003/29/2022 001-0306-55400-00 Kendall Zimmerman Trash/debris removal - 348 E Third St 268.0003/29/2022 001-0306-55400-00 Kendall Zimmerman Trash/debris removal - 599 E Brooks St 298.0003/29/2022 001-0306-55400-00 Kendall Zimmerman Call out fee - 29 Locust St 30.0003/29/2022 001-0306-55400-00 Kendall Zimmerman Trash/debris removal - 862 S Seminary St 143.0003/29/2022 001-0306-55400-00 Kendall Zimmerman Trash/debris removal - 967 McClure St 218.0003/29/2022 001-0306-61000-00 Office Specialists, Inc.Stamps 18.7803/29/2022 1,854.78Subtotal for Divison: 0306 001-0410-55000-00 APWA 05/22 - 12/22 Membership dues - W Carl 740.0003/29/2022 001-0410-61000-00 Office Specialists, Inc.Labels, binder clips 61.6403/29/2022 801.64Subtotal for Divison: 0410 001-0445-57500-00 Aramark Uniform Serv. Inc.03/22 Service 57.8403/29/2022 001-0445-57500-00 Aramark Uniform Serv. Inc.03/22 Service 60.8403/29/2022 001-0445-62500-00 Advance Auto Parts Oil filter, air filter #160 13.4603/29/2022 001-0445-62500-00 Advance Auto Parts Wiper blades #160 28.7803/29/2022 001-0445-62500-00 Pro-Tech credit for overpayment - Markers #183 -62.0803/29/2022 AP-Transactions by Account (03/29/2022 - 11:25 AM)Page 2 Account Number Vendor AmountDescription PO No Date 001-0445-63000-00 Advance Auto Parts Thread sealant 15.6203/29/2022 001-0445-63000-00 Advance Auto Parts Brake fluid 24.3703/29/2022 001-0445-63000-00 Galesburg Welding, Inc Tubing 64.4003/29/2022 001-0445-63000-00 Galesburg Welding, Inc Angle 48.8003/29/2022 001-0445-63000-00 Napa Auto Parts Grease fitting 3.3903/29/2022 001-0445-63000-00 GARD Specialists Co, Inc.Gard blenders 154.3003/29/2022 001-0445-63000-00 Napa Auto Parts Cable Tie 21.5803/29/2022 001-0445-67500-00 Aramark Uniform Serv. Inc.Work pants 103.9603/29/2022 535.26Subtotal for Divison: 0445 001-0450-55500-00 Supreme Radio Communications, Inc.Antenna repairs to #120 162.8203/29/2022 001-0450-55500-00 Supreme Radio Communications, Inc.Repairs to #102 90.0003/29/2022 001-0450-55700-00 Maska Heating and Cooling, LLC Reran duct runs for air compressor 120.0003/29/2022 001-0450-55700-00 Four Seasons Pest Control 02/22 Service 20.0003/29/2022 001-0450-62500-00 Napa Auto Parts Cabin filter #120 21.2903/29/2022 001-0450-62500-00 Midstate Manufacturing, Inc.Hose #301 185.7303/29/2022 001-0450-62500-00 Nichols Diesel Service, Inc.Brake chamber #115 181.8803/29/2022 001-0450-62500-00 Napa Auto Parts Lock Hub Assy #117 387.3903/29/2022 001-0450-62500-00 Pro-Tech credit for overpayment - Markers #102 -62.0803/29/2022 001-0450-62500-00 Ford of Galesburg DPF filter #117 2,303.4603/29/2022 001-0450-62500-00 Koenig Body & Equipment, Inc.Spinner motor #113 376.2903/29/2022 001-0450-62500-00 Pro-Tech credit for overpayment - Markers #117 -62.0803/29/2022 001-0450-62500-00 Midstate Manufacturing, Inc.Hose #120 243.7603/29/2022 001-0450-62500-00 Koenig Body & Equipment, Inc.Fill cup #302 94.2903/29/2022 001-0450-62500-00 Napa Auto Parts U-bolt #142 13.5803/29/2022 001-0450-62500-00 Mutual Wheel Co., Inc.Band clamp #142 36.8703/29/2022 001-0450-62500-00 Martin, Inc Serpentine Belt #120 50.2703/29/2022 001-0450-62500-00 Ford of Galesburg Seal #117 90.7103/29/2022 001-0450-62500-00 Ford of Galesburg Dust shield #117 30.2703/29/2022 001-0450-62500-00 Advance Auto Parts Clamp #142 16.7603/29/2022 001-0450-62500-00 Advance Auto Parts Drag link #101 25.5203/29/2022 001-0450-62500-00 Advance Auto Parts Link kit #101 74.6803/29/2022 001-0450-62500-00 Advance Auto Parts Ball joint #117 58.9903/29/2022 001-0450-62500-00 Advance Auto Parts Swag bar link #117 58.0803/29/2022 001-0450-62500-00 Advance Auto Parts Tie rod end #117 25.5203/29/2022 001-0450-62500-00 Advance Auto Parts Air filter #120 5.8003/29/2022 001-0450-62500-00 Advance Auto Parts Oil filter #120 10.4903/29/2022 AP-Transactions by Account (03/29/2022 - 11:25 AM)Page 3 Account Number Vendor AmountDescription PO No Date 001-0450-62500-00 Advance Auto Parts Fuel filter #120 30.0803/29/2022 001-0450-62500-00 Advance Auto Parts Brake pads #117 42.2403/29/2022 001-0450-62500-00 Advance Auto Parts Fitting #120 6.7903/29/2022 001-0450-65500-00 Fastenal Company Bolts 10.2903/29/2022 4,649.69Subtotal for Divison: 0450 001-0510-51000-00 Robertson, Anschutz, Schneid & Crane LLCSubpoena 22.7503/29/2022 001-0510-55500-00 Ford of Galesburg Check engine testing #24 243.0103/29/2022 001-0510-61000-00 Office Specialists, Inc.Paper 68.1003/29/2022 001-0510-61000-00 Office Specialists, Inc.Notebooks 62.1603/29/2022 001-0510-61000-00 Stamp Man Specialties Notary stamp - B Anderson 37.3503/29/2022 001-0510-61000-00 Office Specialists, Inc.Plates 55.9103/29/2022 001-0510-62500-00 Ford of Galesburg Seat sensor #404 23.7003/29/2022 001-0510-67500-00 Artistic Engraving Gold name plates 30.1103/29/2022 001-0510-67500-00 Ray O'Herron Co., Inc.Shirt, pants - J Thompson 180.9803/29/2022 001-0510-67500-00 Ray O'Herron Co., Inc.Belt - N Wooters 79.8303/29/2022 001-0510-67500-00 Ray O'Herron Co., Inc.BII-5 HL, 1 STP, Male Drk NVY color for Eryn Pearson size 421 W1 280.00 000009211403/29/2022 001-0510-67500-00 Ray O'Herron Co., Inc.USC Gaurdian 1.5 w?MOLLE & SL DRK NVY for panels of Eryn Pearson 138.33 000009211403/29/2022 001-0510-67500-00 Ray O'Herron Co., Inc.Lt bars, Sgt Chevron 34.6903/29/2022 001-0510-67500-00 Ray O'Herron Co., Inc.Bii-5, 1 HL, 1 STP, male DRK NVY for Nick Shumaker size 70L3 X 7 560.00 000009211403/29/2022 001-0510-67500-00 Ray O'Herron Co., Inc.USC, Gardin, 1.5 W/MOLLE and SL for Lane Mings 107.50 000009211403/29/2022 001-0510-67500-00 Ray O'Herron Co., Inc.Bii-5, 1 HL, 1STP, Male DRK Navy for Zac Cox 42R X 42 R 560.00 000009211403/29/2022 001-0510-67500-00 Ray O'Herron Co., Inc.Bii-5, 1 HL, 1 STP, male DRK NVY for Bob Sweeney size 541 X 56L1 280.00 000009211403/29/2022 001-0510-67500-00 Ray O'Herron Co., Inc.USC Gaurdian 1.5 w?MOLLE & SL DRK NVY for panels of Eryn Pearson 107.50 000009211403/29/2022 001-0510-67500-00 Ray O'Herron Co., Inc.Return 3 pairs of pants -175.4703/29/2022 001-0510-67500-00 Ray O'Herron Co., Inc.Bii-5, 1 HL, 1 STP, male DRK NVY for: Ryne Sage, Greg Huwe, Jak 1,120.00 000009211403/29/2022 001-0510-67500-00 Ray O'Herron Co., Inc.5 shirts - M Semington 237.6503/29/2022 4,054.10Subtotal for Divison: 0510 001-0550-85500-00 Knox County Sheriff's Department 03/22 Share of Ambulance Service 674.8203/29/2022 001-0550-85500-00 Knox County Sheriff's Department 02/22 Share of Ambulance Service 674.8203/29/2022 1,349.64Subtotal for Divison: 0550 001-0605-55500-00 Alexis Fire Equipment Co., Inc.Labor - Engine 54 maintenance 1,705.0003/29/2022 001-0605-55500-00 Alexis Fire Equipment Co., Inc.Labor - Engine 53 repair 275.0003/29/2022 001-0605-55700-00 Four Seasons Pest Control 03/22 Service 20.0003/29/2022 001-0605-61000-00 Office Specialists, Inc.Film 182.9703/29/2022 001-0605-65000-00 Office Specialists, Inc.Dryer sheets 92.9403/29/2022 AP-Transactions by Account (03/29/2022 - 11:25 AM)Page 4 Account Number Vendor AmountDescription PO No Date 001-0605-65000-00 Office Specialists, Inc.Detergent, Paper towels, Mop 154.3403/29/2022 001-0605-65000-00 Office Specialists, Inc.Clay oil absorbant 52.1303/29/2022 001-0605-65000-00 Office Specialists, Inc.Paper towels 25.7503/29/2022 001-0605-65500-00 Alexis Fire Equipment Co., Inc.Materials - Engine 53 repair 55.0603/29/2022 001-0605-65500-00 Alexis Fire Equipment Co., Inc.Engine 54 materials 2,933.8903/29/2022 001-0605-66000-00 Galesburg Electric, Inc.Light bulbs 404.5603/29/2022 001-0605-67500-00 Alexis Fire Equipment Co., Inc.Gloves 132.0003/29/2022 001-0605-67500-00 Midwest Uniform Supply, Inc 5.11 Fast Tac Urban EMS Pants 79.98 000009206203/29/2022 001-0605-67500-00 Municipal Emergency Services, Inc 3D Leather Gloves 1,320.0003/29/2022 001-0605-67500-00 Ray O'Herron Co., Inc.Hat badge - K McGee 79.3803/29/2022 001-0605-67500-00 Midwest Uniform Supply, Inc 5.11 Fast Tac Urban EMS Pants 39.99 000009206203/29/2022 001-0605-67500-00 Midwest Uniform Supply, Inc Ball Cap-Spataro 15.0003/29/2022 001-0605-67500-00 Ray O'Herron Co., Inc.Hat badge - J Pedigo 75.3203/29/2022 001-0605-68000-00 Jennifer Moser Cake-Benson retirement 59.9903/29/2022 7,703.30Subtotal for Divison: 0605 Subtotal for Fund 001 163,786.11 011-0000-66000-00 Compass Mineral America, Inc Bulk Rock Salt - 2022 portion of winter supply 7,392.58 000009208203/29/2022 011-0000-66000-00 Galesburg Builders Supply, Inc.Portand Cement Concrete for 2022 366.00 000009208903/29/2022 011-0000-66000-00 Compass Mineral America, Inc Bulk Rock Salt - 2022 portion of winter supply 9,215.67 000009208203/29/2022 011-0000-66000-00 Compass Mineral America, Inc Bulk Rock Salt - 2022 portion of winter supply 1,828.25 000009208203/29/2022 011-0000-66000-00 Galesburg Builders Supply, Inc.High performance patching mix for 2022 379.22 000009208803/29/2022 011-0000-66000-00 Compass Mineral America, Inc Bulk Rock Salt - 2022 portion of winter supply 12,670.26 000009208203/29/2022 31,851.98Subtotal for Divison: 0000 Subtotal for Fund 011 31,851.98 013-0000-67500-00 Ray O'Herron Co., Inc.Bii-5, 1 HL, 1 STP, male DRK NVY for: Ryne Sage, Greg Huwe, Jak 1,120.00 000009211403/29/2022 013-0000-67500-00 Ray O'Herron Co., Inc.USC, Gardin, 1.5 W/MOLLE and SL for Lane Mings 107.50 000009211403/29/2022 013-0000-67500-00 Ray O'Herron Co., Inc.Bii-5, 1 HL, 1 STP, male DRK NVY for Bob Sweeney size 541 X 56L1 280.00 000009211403/29/2022 013-0000-67500-00 Ray O'Herron Co., Inc.BII-5 HL, 1 STP, Male Drk NVY color for Eryn Pearson size 421 W1 280.00 000009211403/29/2022 1,787.50Subtotal for Divison: 0000 Subtotal for Fund 013 1,787.50 014-0000-66000-00 SNI Solutions BioMelt supply for the 2022 winter season 10,125.00 000009215503/29/2022 AP-Transactions by Account (03/29/2022 - 11:25 AM)Page 5 Account Number Vendor AmountDescription PO No Date 014-0000-66000-00 Galesburg Builders Supply, Inc.Reinforcement bars 70.0003/29/2022 10,195.00Subtotal for Divison: 0000 Subtotal for Fund 014 10,195.00 015-0000-66500-00 Pro-Tech Stryker Shield 3,250.0003/29/2022 3,250.00Subtotal for Divison: 0000 Subtotal for Fund 015 3,250.00 016-0000-61800-00 Office Specialists, Inc.Desk -Lt Cromien 305.0003/29/2022 305.00Subtotal for Divison: 0000 Subtotal for Fund 016 305.00 018-0000-62500-00 Pomp's Tire - Galesburg Tire #125 353.5003/29/2022 018-0000-62500-00 Midstate Manufacturing, Inc.Hose #128 199.9003/29/2022 018-0000-62500-00 Midstate Manufacturing, Inc.Hose #125 114.9503/29/2022 018-0000-62500-00 Koenig Body & Equipment, Inc.Shaft #112 193.7703/29/2022 018-0000-62500-00 Napa Auto Parts Fender washer #128 4.1003/29/2022 018-0000-62500-00 Advance Auto Parts Fender washer #128 1.3503/29/2022 018-0000-62500-00 Advance Auto Parts Fender washer #128 9.9003/29/2022 018-0000-62500-00 Advance Auto Parts Oil filter #125 10.4903/29/2022 887.96Subtotal for Divison: 0000 Subtotal for Fund 018 887.96 019-0000-10701-00 Status Share, LLC 01/01/23 - 04/14/23 Rainout Line 116.3803/29/2022 019-0000-20102-00 ICMA-RC FY2021 OPEB Contributions 11,505.0003/29/2022 019-0000-33386-00 Dolores Donaldson Cancelled swim lessons 26.4603/29/2022 11,647.84Subtotal for Divison: 0000 019-1905-51500-00 Register Mail, Inc.Notice to Proposers & Bidders #00020710 308.2803/29/2022 019-1905-51500-00 WGIL/WAAG/WLSR, Inc.Radio ads 583.0003/29/2022 019-1905-51500-00 William R. Dickerson 20 x 30 Frames 1,139.9203/29/2022 019-1905-54500-00 CIRCLE - Central IL Recreation Council for LeisureSpring Connection Registration - A Buchen & C Moberg 10.0003/29/2022 019-1905-54500-00 Illinois Department of Agriculture Commercial Operator Licenses 225.0003/29/2022 019-1905-55000-00 Status Share, LLC 04/15/22 - 12/31/22 Rainout Line 282.6203/29/2022 AP-Transactions by Account (03/29/2022 - 11:25 AM)Page 6 Account Number Vendor AmountDescription PO No Date 019-1905-55000-00 National Recreation & Park Assoc.Member ID# 208193 Group Package 450.0003/29/2022 019-1905-61700-00 Office Specialists, Inc.Laptop, monitor, keyboard, cables 1,250.0003/29/2022 4,248.82Subtotal for Divison: 1905 019-1911-55700-00 Lock & Key Shop LLC Services of locksmith, rekey onsite 121.0003/29/2022 019-1911-55700-00 Altorfer Inc.Generator service 815.0003/29/2022 019-1911-55700-00 Lock & Key Shop LLC Rekey service of inner door 115.0003/29/2022 019-1911-55700-00 IL Office of the State Fire Marshal Annual Conveyance Certificate 125.0003/29/2022 019-1911-55700-00 Mechanical Service Inc.Back flow test 142.0003/29/2022 019-1911-57500-00 Aramark Uniform Serv. Inc.03/22 Service 67.1803/29/2022 019-1911-57500-00 Aramark Uniform Serv. Inc.03/22 Service 64.1803/29/2022 019-1911-57500-00 Aramark Uniform Serv. Inc.03/22 Service 64.1803/29/2022 019-1911-65000-00 Office Specialists, Inc.Paper towels 197.7003/29/2022 019-1911-65000-00 Office Specialists, Inc.Toilet brushes 14.7003/29/2022 019-1911-65000-00 Office Specialists, Inc.Tissue 76.2503/29/2022 1,802.19Subtotal for Divison: 1911 019-1915-55500-00 Nichols Diesel Service, Inc.Emission repairs to #506 11,147.65 000009215603/29/2022 019-1915-55500-00 Supreme Radio Communications, Inc.Antenna cable kit, antenna #513 107.8103/29/2022 019-1915-55500-00 Supreme Radio Communications, Inc.Antenna cable kit, antenna #512 107.8103/29/2022 019-1915-55500-00 Altorfer Inc.Brake service #507 576.7003/29/2022 019-1915-55700-00 Glass Specialty Inc Tempered glass installation for tennis court light 48.0003/29/2022 019-1915-57500-00 Aramark Uniform Serv. Inc.03/22 Service 50.4603/29/2022 019-1915-57500-00 Aramark Uniform Serv. Inc.03/22 Service 47.4603/29/2022 019-1915-62500-00 Martin, Inc Fuel Filter #525 120.0603/29/2022 019-1915-62500-00 Martin, Inc Ball Joint Socket #561 -37.6503/29/2022 019-1915-62500-00 Martin, Inc Wheel (2) #525 279.5003/29/2022 019-1915-62500-00 Martin, Inc Steering Motor #522 845.1903/29/2022 019-1915-62500-00 Martin, Inc Spindle #522 307.1203/29/2022 019-1915-62500-00 Pro-Tech credit for overpayment - Markers #544 -62.0803/29/2022 019-1915-62500-00 Martin, Inc Fuel Filter #522 81.7803/29/2022 019-1915-62500-00 Advance Auto Parts Hydraulic filter #522 27.2803/29/2022 019-1915-62500-00 Advance Auto Parts Oil filter #522 4.8903/29/2022 019-1915-62500-00 Advance Auto Parts Oil filter #522 - return -3.8403/29/2022 019-1915-62500-00 Advance Auto Parts Hydraulic filter #525 28.3303/29/2022 019-1915-62500-00 Ford of Galesburg Floor mats #513 104.6503/29/2022 019-1915-62500-00 Martin, Inc Chute #525 117.0203/29/2022 AP-Transactions by Account (03/29/2022 - 11:25 AM)Page 7 Account Number Vendor AmountDescription PO No Date 019-1915-65500-00 Tri-State Water Misc supplies 96.2003/29/2022 019-1915-66000-00 Galesburg Electric, Inc.Light bulb 12.7903/29/2022 14,007.13Subtotal for Divison: 1915 019-1920-55000-00 Knox County Health Department Knox County Health Permit - Bunker Links Golf Course 140.0003/29/2022 019-1920-55500-00 Beames Welding & Repair Inc Fabrication - new shaft & clamp block 115.3903/29/2022 019-1920-57500-00 Aramark Uniform Serv. Inc.03/22 Service 29.0303/29/2022 019-1920-57500-00 Aramark Uniform Serv. Inc.03/22 Service 29.0303/29/2022 019-1920-61000-00 Office Specialists, Inc.Labels, tape 20.8003/29/2022 019-1920-62500-00 Advance Auto Parts Fuel filter #568 9.4403/29/2022 019-1920-62500-00 Advance Auto Parts Hydraulic filter #568 30.7803/29/2022 019-1920-62500-00 Advance Auto Parts Hydraulic filter #561 35.6803/29/2022 019-1920-62500-00 Advance Auto Parts Fuel filter #561 17.8403/29/2022 019-1920-62500-00 MTI Distributing, Inc Returned part- Driveshaft #554 -87.9403/29/2022 019-1920-62500-00 Martin, Inc Cabin Filter #561 45.3803/29/2022 019-1920-62500-00 Midstate Manufacturing, Inc.Hose #568 74.0803/29/2022 019-1920-62500-00 Martin, Inc Ball Socket #561 136.4903/29/2022 019-1920-62500-00 Martin, Inc Bearing #552 643.9003/29/2022 019-1920-62500-00 Martin, Inc Fuel Filter #552 60.7003/29/2022 019-1920-62500-00 Martin, Inc Pawl #552 127.0703/29/2022 019-1920-62500-00 O'Reilly Auto Parts Grease Zerk #552 6.9903/29/2022 019-1920-62500-00 MTI Distributing, Inc Returned part- Driveshaft #554 -62.1903/29/2022 019-1920-64000-00 Callaway Golf balls 38.2803/29/2022 019-1920-64000-00 Black Clover Enterprises, LLC Clover hats 50.2603/29/2022 019-1920-64000-00 Black Clover Enterprises, LLC Clover hat 21.7003/29/2022 019-1920-64000-00 Callaway Golf balls 76.5603/29/2022 019-1920-64125-00 Atlantic Coca-Cola Misc concessions 110.7603/29/2022 019-1920-64125-00 Atlantic Coca-Cola Misc concessions 118.6803/29/2022 019-1920-64125-00 All Star Pro Golf Caddy towels 681.1903/29/2022 019-1920-64125-00 Butch's Pizza Inc.Misc concessions 17.1503/29/2022 019-1920-64300-00 MTI Distributing, Inc Misc supplies 1,374.6203/29/2022 019-1920-64300-00 MTI Distributing, Inc Misc supplies 1,080.4003/29/2022 019-1920-64300-00 MTI Distributing, Inc Freight reimbursement on Inv#1334557-01 -73.2003/29/2022 019-1920-64300-00 MTI Distributing, Inc Freight refund for Inv #1334555-01 -180.0003/29/2022 019-1920-65000-00 Office Specialists, Inc.Cleaner 23.2603/29/2022 019-1920-65000-00 Office Specialists, Inc.Misc supplies 117.1803/29/2022 AP-Transactions by Account (03/29/2022 - 11:25 AM)Page 8 Account Number Vendor AmountDescription PO No Date 4,829.31Subtotal for Divison: 1920 019-1935-57500-00 Aramark Uniform Serv. Inc.03/22 Service 230.4203/29/2022 019-1935-57500-00 Aramark Uniform Serv. Inc.03/22 Service 227.4203/29/2022 457.84Subtotal for Divison: 1935 019-1940-64000-00 Ayers Distributing Candy-filled plastic eggs 1,270.0003/29/2022 019-1940-64000-00 Breedlove's Sporting Goods, Inc.Adult Volleyball League Trophies 52.7003/29/2022 1,322.70Subtotal for Divison: 1940 019-1945-65000-00 Office Specialists, Inc.Carpet cleaner 10.0903/29/2022 019-1945-67500-00 Office Specialists, Inc.Gloves 45.0003/29/2022 55.09Subtotal for Divison: 1945 019-1950-55700-00 IPS, Inc Spring acrylic sealant maintenance - waterslide 1,350.0003/29/2022 1,350.00Subtotal for Divison: 1950 019-1955-68500-00 Hawkins, Inc Misc chemicals 188.7703/29/2022 188.77Subtotal for Divison: 1955 019-1965-52300-00 West Central FS, Inc 300 gal LP 267.0003/29/2022 019-1965-54500-00 Illinois Department of Agriculture Commercial Operator License - Darst 45.0003/29/2022 019-1965-57500-00 Aramark Uniform Serv. Inc.03/22 Service 34.8303/29/2022 019-1965-57500-00 Aramark Uniform Serv. Inc.03/22 Service 31.8303/29/2022 019-1965-62500-00 Advance Auto Parts Fuel filter #584 5.9403/29/2022 384.60Subtotal for Divison: 1965 019-1975-54500-00 Illinois Department of Agriculture Commercial Operator License - Lafollette, Fones 90.0003/29/2022 019-1975-62500-00 Advance Auto Parts Calipers - core credit #104 -140.0003/29/2022 019-1975-62500-00 Koenig Body & Equipment, Inc.Plow cylinder #104 236.3003/29/2022 019-1975-62500-00 Koenig Body & Equipment, Inc.Spinner motor #106 376.2903/29/2022 019-1975-62500-00 Ford of Galesburg Gasket #144 5.0603/29/2022 019-1975-62500-00 Pro-Tech credit for overpayment - Markers #104 -62.0803/29/2022 505.57Subtotal for Divison: 1975 Subtotal for Fund 019 40,799.86 020-0000-51000-00 Hutchison Engineering, Inc Hutchison Engineering 5 year contract for Municipal Airport 329.60 000009179303/29/2022 020-0000-52300-00 West Central FS, Inc 264.20 gal LP 409.7603/29/2022 AP-Transactions by Account (03/29/2022 - 11:25 AM)Page 9 Account Number Vendor AmountDescription PO No Date 739.36Subtotal for Divison: 0000 Subtotal for Fund 020 739.36 021-0000-66000-00 RP Lumber Cabinets and quartz counter 12,094.30 000009200303/29/2022 12,094.30Subtotal for Divison: 0000 Subtotal for Fund 021 12,094.30 024-0000-83100-00 Western Illinois Works, Inc Knox County IL CEO Program Sponsor 5,000.0003/29/2022 024-0000-88300-00 Breslin's Floor Covering, Inc 04/22 Parking Lot Lease 570.3203/29/2022 5,570.32Subtotal for Divison: 0000 Subtotal for Fund 024 5,570.32 030-0320-51000-00 Galesburg Communications, Inc.2/26/22 - 5/26/22 800 Dispatch for Para Transit 403.2002/28/2022 030-0320-51000-00 Galesburg Termite & Pest Control Inc Semi monthly service 45.0003/29/2022 030-0320-62500-00 Midwest Transit Equipment, Inc.Lamp (6), Switch 130.1103/29/2022 030-0320-62510-00 Herr Petroleum Corp 177.8 Gal reg unleaded 549.31 000009210103/29/2022 030-0320-62510-00 Herr Petroleum Corp 205.2 Gal reg unleaded 740.67 000009210103/29/2022 030-0320-62510-00 Herr Petroleum Corp 253.6 Gal reg unleaded 915.35 000009210103/29/2022 030-0320-62510-00 Herr Petroleum Corp 376.3 Gal reg unleaded 1,403.39 000009210103/29/2022 030-0320-62510-00 Herr Petroleum Corp 259.5 Gal reg unleaded 967.78 000009210103/29/2022 030-0320-66500-00 Office Specialists, Inc.Laptop 489.0003/29/2022 5,643.81Subtotal for Divison: 0320 030-0370-51000-00 Galesburg Communications, Inc.2/26/22 - 5/26/22 800 Dispatch for fixed route bus 376.3202/28/2022 030-0370-57500-00 Cintas, Inc 03/22 Service 177.0103/29/2022 030-0370-57500-00 Cintas, Inc 03/22 Service 153.6503/29/2022 030-0370-62500-00 Gillig Fuel filler neck gasket 6.7203/29/2022 030-0370-62500-00 Ford of Galesburg Tube, plunger, bushing, damper assembly, clamp 671.7603/29/2022 030-0370-62500-00 Gillig Module 1,402.8003/29/2022 030-0370-62500-00 Napa Auto Parts Shop supplies 172.2403/29/2022 030-0370-62500-00 Napa Auto Parts Cap screw, washer 36.5003/29/2022 030-0370-62500-00 Napa Auto Parts Cap screw, washer 16.2003/29/2022 030-0370-62510-00 Herr Petroleum Corp 272.5 Gal diesel #2 1,103.91 000009210103/29/2022 030-0370-62510-00 Herr Petroleum Corp 462 Gal diesel #2, winter fuel additive 1,962.22 000009210103/29/2022 030-0370-62510-00 Herr Petroleum Corp 81.7 Gal diesel #2 326.88 000009210103/29/2022 AP-Transactions by Account (03/29/2022 - 11:25 AM)Page 10 Account Number Vendor AmountDescription PO No Date 030-0370-62510-00 Herr Petroleum Corp 311.2 Gal diesel #2, winter fuel additive 1,321.74 000009210103/29/2022 030-0370-66000-00 Galesburg Electric, Inc.Junction box, splice kit 239.2603/29/2022 030-0370-66500-00 Office Specialists, Inc.Laptop 489.0003/29/2022 030-0370-67500-00 O'Reilly Auto Parts Shop Supplies 33.2403/29/2022 8,489.45Subtotal for Divison: 0370 Subtotal for Fund 030 14,133.26 049-0000-51000-00 Register Mail, Inc.Public Hearing Notice ad - acct #00021744 210.8803/29/2022 210.88Subtotal for Divison: 0000 Subtotal for Fund 049 210.88 053-0000-20103-00 AMP Electrical Services, Inc.Retainage - Replace Ductless AC Units at Lakeside Waterpark -596.4003/29/2022 053-0000-20103-00 AMP Electrical Services, Inc.Release Retainage - Replace AC Units at Lakeside Waterpark 2,540.8003/29/2022 053-0000-51000-00 US Sterling Capital Corp., Inc.T Bank 369.8503/29/2022 053-0000-55700-00 J.P. Benbow, Inc.Replacement of Golf Pro Shop AC unit. 7,480.00 000009204603/29/2022 053-0000-55700-00 AMP Electrical Services, Inc.Replace Ductless AC Units at Lakeside Waterpark 5,964.00 000009207103/29/2022 15,758.25Subtotal for Divison: 0000 Subtotal for Fund 053 15,758.25 058-0000-51000-00 US Sterling Capital Corp., Inc.Bath Savings Bank 370.5203/29/2022 370.52Subtotal for Divison: 0000 Subtotal for Fund 058 370.52 059-0000-76000-00 Hutchison Engineering, Inc Engineering for Phase I of the Lake Storey Bike Path 1,957.00 000009199703/29/2022 1,957.00Subtotal for Divison: 0000 Subtotal for Fund 059 1,957.00 061-0000-20101-00 CHEYENNE LENZ Refund Check 057852-002, 218 S WHITESBORO ST 81.0803/15/2022 061-0000-20101-00 STEPHEN HAWKINSON Refund Check 014817-000, 1820 CORNELIA RD 10.1903/23/2022 061-0000-20101-00 SHANNON JOHNSON Refund Check 012270-001, 1010 FLORENCE AVE 75.1403/18/2022 061-0000-20101-00 JOSHUA KILPATRICK Refund Check 024115-005, 141 MAPLE AVE B 113.2403/16/2022 061-0000-20101-00 RUSSELL LARSON Refund Check 020305-003, 564 S PEARL ST 80.3303/23/2022 061-0000-20101-00 DANIEL KOERNER Refund Check 055207-000, 1093 N ACADEMY ST 66.6203/18/2022 AP-Transactions by Account (03/29/2022 - 11:25 AM)Page 11 Account Number Vendor AmountDescription PO No Date 061-0000-20101-00 KYMBERLIE ANDERSON Refund Check 044119-001, 818 OLIVE ST 2.1703/23/2022 061-0000-20101-00 DAVID DENISAR Refund Check 012346-004, 1518 E KNOX ST 114.4603/15/2022 061-0000-20101-00 RICHARD DECHOW Refund Check 005443-000, 774 N BROAD ST 81.5103/23/2022 061-0000-20101-00 BARBARA BALL Refund Check 059159-001, 236 COLUMBUS AVE 80.3303/18/2022 061-0000-20101-00 LINDA ASBURY Refund Check 018950-069, 586 RIO ST 11.0303/23/2022 061-0000-20101-00 KYMBERLIE ANDERSON Refund Check 044119-001, 818 OLIVE ST 1.2503/23/2022 061-0000-20101-00 ZEBULON BARTLOW Refund Check 055646-001, 816 N ACADEMY ST 85.1703/18/2022 061-0000-20101-00 TANYA BAKER Refund Check 061383-000, 180 N HENDERSON ST 47.2903/23/2022 061-0000-20101-00 LOUIS ANDERSON Refund Check 050703-001, 715 E THIRD ST 98.2403/15/2022 061-0000-20101-00 ALFRED AYALA JR Refund Check 053530-018, 468 E GROVE ST 31.2303/18/2022 061-0000-20101-00 ROBERT BRACKETT SR Refund Check 011040-001, 887 W LOSEY ST 9.6403/18/2022 061-0000-20101-00 MATTHEW BERNARDI Refund Check 015289-033, 1390 ARCADIA DR 39.3903/23/2022 061-0000-20101-00 ABBI VANFLEET Refund Check 061695-000, 1748 BEECHER AVE 32.6103/23/2022 061-0000-20101-00 ROGER THURMAN Refund Check 046478-004, 393 N CEDAR ST 100.1503/16/2022 061-0000-20101-00 CHRISTY WALL Refund Check 063804-000, 460 E FOURTH ST 38.7303/23/2022 061-0000-20101-00 MECHANICAL SERVICE INC Refund Check 017595-008, 57 SHELDON ST 148.0703/23/2022 061-0000-20101-00 AYANA MCCORMICK Refund Check 057761-000, 1578 MCKNIGHT ST 68.9903/23/2022 061-0000-20101-00 GARY RUNGE Refund Check 005875-001, 880 N FARNHAM ST 52.2903/23/2022 061-0000-20101-00 TERRY UNGER Refund Check 022720-003, 1305 S KELLOGG ST 99.8803/18/2022 061-0000-20101-00 CHRISTOPHER HROZIENCIK Refund Check 049395-001, 1538 ORIOLE DR 59.2703/15/2022 061-0000-20101-00 BARBARA SUSAN LOHMAR Refund Check 016343-001, 1077 HAWKINSON AVE 5 88.8403/18/2022 061-0000-20101-00 CATHERINE KRAMER Refund Check 008245-001, 1692 BRENTWOOD AVE 107.5703/15/2022 061-0000-20101-00 DERRICK PETERSON Refund Check 009229-000, 1444 E FREMONT ST 19.4103/29/2022 061-0000-20101-00 EARL MOTZ Refund Check 009032-000, 1155 ARCADIA DR 35.3303/23/2022 061-0000-20101-00 BRENDA MORRISON Refund Check 051308-014, 424 LOCUST ST 101.0603/23/2022 061-0000-20101-00 HARREL TIMMONS JR Refund Check 058689-002, 776 ARNOLD ST 74.3803/15/2022 061-0000-20101-00 ROGER THURMAN Refund Check 046478-000, 157 MAPLE AVE 82.9003/16/2022 061-0000-20101-00 WILLIAM MELTON Refund Check 059096-000, 1681 BAIRD AVE 78.4403/18/2022 061-0000-20101-00 DEBORAH SMITH Refund Check 009020-004, 499 IRWIN ST 92.3603/23/2022 061-0000-20102-00 ICMA-RC FY2021 OPEB Contributions 8,315.0003/29/2022 061-0000-51000-00 Pace Analytical Services LLC Water testing 18.0003/29/2022 061-0000-51000-00 Pace Analytical Services LLC Water testing 3,000.0003/29/2022 061-0000-51000-00 Pace Analytical Services LLC Water testing 14.0003/29/2022 061-0000-51000-00 Pace Analytical Services LLC Water testing 42.0003/29/2022 061-0000-51000-00 Pace Analytical Services LLC Water testing 14.0003/29/2022 061-0000-51000-00 Pace Analytical Services LLC Water testing 14.0003/29/2022 061-0000-51000-00 Pace Analytical Services LLC Water testing 56.0003/29/2022 AP-Transactions by Account (03/29/2022 - 11:25 AM)Page 12 Account Number Vendor AmountDescription PO No Date 061-0000-51000-00 Pace Analytical Services LLC Water testing 840.0003/29/2022 061-0000-51000-00 Pace Analytical Services LLC Water testing 14.0003/29/2022 061-0000-51010-00 James M Kelly, Attorney 01/22 Legal services 940.5003/29/2022 061-0000-51500-00 Sebis Direct Inc 02/22 UB Printing Costs 777.8503/29/2022 061-0000-55500-00 AMP Electrical Services, Inc.Maintenance to service pump #1 - Oquawka Water Plant 432.8103/29/2022 061-0000-55500-00 AMP Electrical Services, Inc.Boiler maintenance - Water Plant 139.5003/29/2022 061-0000-55700-00 MAS Rigging Inc Annual hoist inspections 1,639.0003/29/2022 061-0000-61000-00 Office Specialists, Inc.Paper, pens, business cards 69.4303/29/2022 061-0000-62500-00 Advance Auto Parts Carquest - fuses 6.2803/29/2022 061-0000-62510-00 Herr Petroleum Corp 188.6 Gal diesel #2 780.92 000009209903/29/2022 061-0000-66000-00 Core & Main Misc materials 1,133.1203/29/2022 061-0000-66000-00 Core & Main Elbow with copper gasket 254.7603/29/2022 061-0000-68500-00 IDEXX Distribution Inc.Misc chemicals 1,445.4803/29/2022 22,255.24Subtotal for Divison: 0000 Subtotal for Fund 061 22,255.24 067-0000-20101-00 KYMBERLIE ANDERSON Refund Check 044119-001, 818 OLIVE ST 2.2703/23/2022 067-0000-20102-00 ICMA-RC FY2021 OPEB Contributions 240.0003/29/2022 067-0000-51500-00 Sebis Direct Inc 02/22 UB Printing Costs 388.8703/29/2022 067-0000-59501-00 Knox County Landfill 02/22 Service 23,236.0003/29/2022 067-0000-59502-00 Waste Management, Inc.03/22 Refuse removal 175,247.1203/29/2022 199,114.26Subtotal for Divison: 0000 Subtotal for Fund 067 199,114.26 078-0000-56535-00 DJO, LLC Work comp DOS 12/16/2021 # D5539856 D5426590 250.0003/29/2022 078-0000-56535-00 James M Kelly, Attorney 01/22 Legal services 198.0003/29/2022 078-0000-56535-00 James M Kelly, Attorney 01/22 Legal services 198.0003/29/2022 078-0000-56535-00 James M Kelly, Attorney 01/22 Legal services 165.0003/29/2022 078-0000-56535-00 James M Kelly, Attorney 01/22 Legal services 99.0003/29/2022 078-0000-56535-00 James M Kelly, Attorney 01/22 Legal services 379.5003/29/2022 078-0000-56535-00 Southeast Iowa Regional Medical Center Work Comp DOS 01/18/22 - Claim #012722713988225 1,681.7603/29/2022 078-0000-56535-00 Southeast Iowa Regional Medical Center Work Comp DOS 01/20/22-Claim #013122727714705 81.5103/29/2022 078-0000-56535-00 Midwest Orthopaedic Center Work Comp DOS 01/05/22 #430250-010009 1,179.5703/29/2022 078-0000-56535-00 Southeast Iowa Regional Medical Center Work Comp DOS 01/19/22 - Claim #012822719516187 189.5403/29/2022 078-0000-56535-00 James M Kelly, Attorney 01/22 Legal services 198.0003/29/2022 AP-Transactions by Account (03/29/2022 - 11:25 AM)Page 13 Account Number Vendor AmountDescription PO No Date 078-0000-56535-00 Midwest Orthopaedic Center Work Comp DOS 02/21/22 #430250-010004 74.5903/29/2022 078-0000-56535-00 DJO, LLC Work comp DOS 12/16/2021 # D5539856 D5426601 51.2003/29/2022 078-0000-56535-00 James M Kelly, Attorney 01/22 Legal services 313.5003/29/2022 078-0000-56535-00 James M Kelly, Attorney 01/22 Legal services 214.5003/29/2022 078-0000-56535-00 DJO, LLC Work comp DOS 01/14/2022 #D5614324 D5502485 54.8003/29/2022 078-0000-56535-00 Southeast Iowa Regional Medical Center Work Comp DOS 01/21/22 - Claim #013122225854664 13,978.3403/29/2022 078-0000-56535-00 Southeast Iowa Regional Medical Center Work Comp DOS 01/21/22 - Claim #013122727714785 1,924.0003/29/2022 078-0000-56535-00 Southeast Iowa Regional Medical Center Work Comp DOS 01/18/22-Claim #012722212588519 1,438.1303/29/2022 078-0000-56535-00 Midwest Orthopaedic Center Work Comp DOS 01/26/22 #430250-010008 931.2003/29/2022 078-0000-56535-00 Southeast Iowa Regional Medical Center Work Comp DOS 02/16/22 - Claim #022522740814453 87.0003/29/2022 078-0000-56535-00 Southeast Iowa Regional Medical Center Work Comp DOS 01/21/22 - Claim #013122727714783 1,160.0403/29/2022 078-0000-56597-00 RC Masonry Lincoln Park pillar repair 6,010.00 000009214603/29/2022 078-0000-56597-00 Dowers Roofing, Inc.Temporary roof repairs 628.0003/29/2022 31,485.18Subtotal for Divison: 0000 Subtotal for Fund 078 31,485.18 Report Total: 556,551.98 AP-Transactions by Account (03/29/2022 - 11:25 AM)Page 14 Check Date Check #Vendor Name Description Account #Amount 3/17/2022 0 Quadient Leasing USA, Inc Postage for machine 061-0000-10702 500.00 3/17/2022 0 Farmers & Mechanics Bank 02/22 F&M Bank Trust Fees 019-1905-51000 4.42 3/17/2022 0 Farmers & Mechanics Bank 02/22 F&M Bank Trust Fees 061-0000-51000 41.62 3/17/2022 0 Farmers & Mechanics Bank 02/22 F&M Bank Trust Fees 026-0000-51000 41.89 3/17/2022 0 Farmers & Mechanics Bank 02/22 F&M Bank Trust Fees 058-0000-51000 41.47 3/17/2022 0 Farmers & Mechanics Bank 02/22 F&M Bank Trust Fees 053-0000-51000 41.53 3/17/2022 0 Farmers & Mechanics Bank 02/22 F&M Bank Trust Fees 001-0205-51000 124.38 3/17/2022 0 G & M Distributors Liquor for Golf Concessions 019-1920-64125 113.00 3/17/2022 0 T TECH 02/22 UB ACH Fees 067-0000-51000 362.34 3/17/2022 0 T TECH 02/22 UB ACH Fees 061-0000-51000 724.69 3/17/2022 0 Trey Yocum Meals - Week 4 Basic Firefighter - Champaign, IL - T Yocum 001-0000-10706 155.00 3/17/2022 96197 Ameren Illinois 01/22 Electric #0114755694 019-0000-20102 17,832.80 3/17/2022 96201 Knox County Recorders Office File 12 Weed/Trash/Demo Liens 001-0160-51300 138.00 3/17/2022 96197 Ameren Illinois 01/22 Electric #0114755694 061-0000-20102 42,956.03 3/17/2022 96200 Mia Haneghan Stipend - 01/13/22 Council meeting 001-0160-59520 30.00 3/17/2022 96200 Mia Haneghan Stipend - 01/31/22 Council meeting 001-0160-59520 30.00 3/17/2022 96197 Ameren Illinois 01/22 Electric #0114755694 024-0000-20102 28.55 3/17/2022 96197 Ameren Illinois 01/22 Electric #0114755694 001-0000-20102 22,217.51 3/17/2022 96198 Eciel Burns Stipend - 03/07/2022 Council meeting 001-0160-59520 30.00 3/17/2022 96197 Ameren Illinois 01/22 Gas #0114755694 024-0000-20102 50.96 3/17/2022 96197 Ameren Illinois 01/22 Electric #0114755694 018-0000-20102 203.84 3/17/2022 96197 Ameren Illinois 01/22 Electric #0114755694 020-0000-20102 2,187.89 3/17/2022 96199 Precious Dortch Stipend - 03/07/2022 Council meeting 001-0160-59520 30.00 3/17/2022 4048 J W Summy Contracting Corp.DCEO RLF at 835 Pine Street 013-0000-83100 500.00 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 001-0550-47500 39.60 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 001-0306-47500 201.72 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 024-0000-47500 31.41 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 001-0510-47500 309.60 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 017-0000-47500 10.80 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 001-0445-47500 36.00 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 001-0145-47500 18.00 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 001-0410-47500 127.05 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 018-0000-47500 46.80 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 078-0000-47500 21.51 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 001-0207-47500 61.20 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 014-0000-47500 72.00 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 030-0370-47500 54.00 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 061-0000-47500 203.10 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 001-0115-47500 72.00 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 023-0000-47500 5.40 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 020-0000-47500 7.20 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 001-0110-47500 82.20 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 001-0305-47500 19.92 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 001-0120-47500 63.99 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 001-0605-47500 216.00 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 001-0450-47500 63.00 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 001-0205-47500 208.80 Advance Checks and ACH Payments as of 3/29/2022 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 030-0320-47500 54.00 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 019-1905-47500 163.35 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Vision Insurance Premiums 078-0000-20315 2,904.76 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 019-1920-47500 72.00 3/21/2022 0 Dearborn National Life Insurance Co.04/22 Life Insurance Premiums 067-0000-47500 1.80 3/21/2022 0 Euclid Beverage Liquor for Golf Concessions 019-1920-64125 387.35 3/24/2022 0 BlueCross BlueShield of Illinois 04/22 Health Insurance Premiums 078-0000-20315 363,476.16 3/24/2022 0 G & M Distributors Liquor for Golf Concessions 019-1920-64125 356.80 3/24/2022 0 Trey Yocum Meals - Week 5 Basic Firefighter - Champaign, IL - T Yocum 001-0000-10706 155.00 3/24/2022 96261 Joy Basosa-Nzumba Stipend - 03/10 Youth Commission Meeting 001-0160-59520 30.00 3/24/2022 96262 Eciel Burns Stipend - 03/10 Youth Commission Meeting 001-0160-59520 30.00 3/24/2022 96265 Chantiara Jackson Stipend - 03/10 Youth Commission Meeting 001-0160-59520 30.00 3/24/2022 96267 Zakary Warfield Stipend - 03/10 Youth Commission Meeting 001-0160-59520 30.00 3/24/2022 96263 Precious Dortch Stipend - 03/10 Youth Commission Meeting 001-0160-59520 30.00 3/24/2022 96266 Knox County Recorders Office Recording fee - Lis Pendens - 147 W Tompkins St 001-0160-51300 63.00 3/24/2022 96264 Mia Haneghan Stipend - 03/10 Youth Commission Meeting 001-0160-59520 30.00 3/25/2022 0 Michael Carlson Non Safety Toe Boots 001-0605-67500 110.50 3/25/2022 0 Andrew Nelson Non Safety Toe Boots 001-0605-67500 95.00 3/29/2022 0 Bank of Montreal Lowes - return 001-0450-55700 (10.48) 3/29/2022 0 Bank of Montreal S & S Industrial Supply - brake cleaner, penetrant oil 001-0445-63000 127.70 3/29/2022 0 Bank of Montreal Urbanscape - Happy Lobster - dinner - Chicago conference 019-1905-54500 28.29 3/29/2022 0 Bank of Montreal Farm King - battery, battery charger 019-1920-66500 194.98 3/29/2022 0 Bank of Montreal Lowes - batteries 019-1915-65500 14.98 3/29/2022 0 Bank of Montreal U of I Crop Science - Ornamentals license training 019-1920-54500 25.00 3/29/2022 0 Bank of Montreal Inquirehire - background checks - MW water 078-0000-51000 116.00 3/29/2022 0 Bank of Montreal Reflective Apparel - new employee clothing 061-0000-67500 500.15 3/29/2022 0 Bank of Montreal Eastland Suites - lodging - MCI Training 001-0115-54500 95.20 3/29/2022 0 Bank of Montreal Keith Braafhart - ratchet, drill bits 001-0445-66500 207.42 3/29/2022 0 Bank of Montreal Lands End - shipping 001-0205-53000 9.00 3/29/2022 0 Bank of Montreal NPELRA - HR Training Seminar 001-0120-54500 249.00 3/29/2022 0 Bank of Montreal Advance Auto Parts - marker light, pigtails, tail lights 001-0450-65500 169.29 3/29/2022 0 Bank of Montreal Advance Auto Parts - threadlocker 001-0450-65500 19.99 3/29/2022 0 Bank of Montreal Menards - plumbing for water heaters 014-0000-66000 230.53 3/29/2022 0 Bank of Montreal Amazon - travel training bin 019-1905-61000 49.99 3/29/2022 0 Bank of Montreal Scott Equipment - bar, chain, fuel pump 019-1920-65500 54.12 3/29/2022 0 Bank of Montreal Lands End - staff shirts 001-0205-61000 29.94 3/29/2022 0 Bank of Montreal Amazon - forged sod lifter 019-1920-66500 68.72 3/29/2022 0 Bank of Montreal Amazon - coffee, creamer, foil 001-0510-61000 168.76 3/29/2022 0 Bank of Montreal Lands End - staff shirt 001-0205-61000 17.97 3/29/2022 0 Bank of Montreal Vistaprint - recruitment handouts 019-1905-51500 54.00 3/29/2022 0 Bank of Montreal 02/22 CC Charges - ETSB 001-0000-10407 1,714.09 3/29/2022 0 Bank of Montreal Walmart - giveaways for recruiting tables 019-1905-51500 16.96 3/29/2022 0 Bank of Montreal Amazon - push sweeper 030-0370-66500 165.10 3/29/2022 0 Bank of Montreal Farm King - ice melt 061-0000-66000 19.47 3/29/2022 0 Bank of Montreal Chicago Tribune - monthly subscription 001-0110-55000 9.96 3/29/2022 0 Bank of Montreal Amazon - Amazon Prime 019-1905-55000 119.00 3/29/2022 0 Bank of Montreal Office Specialists - 02/22 Service 019-0000-20102 178.95 3/29/2022 0 Bank of Montreal Amazon - reflective jackets for Street Dept 030-0320-67500 69.99 3/29/2022 0 Bank of Montreal Hardees - food - conference 019-1920-54500 9.94 3/29/2022 0 Bank of Montreal Menards - wood for new sign - Fire Training Center 001-0605-66500 106.93 3/29/2022 0 Bank of Montreal GeoCorp Inc - chart recorder pens 061-0000-61000 385.37 3/29/2022 0 Bank of Montreal Lowes - faucet for shop sink 014-0000-66000 138.44 3/29/2022 0 Bank of Montreal US Cellular - 01/22 Service 019-0000-20102 69.66 3/29/2022 0 Bank of Montreal AWWA - 03/22 - 12/22 AWWA annual membership 061-0000-55000 198.33 3/29/2022 0 Bank of Montreal Menards - lag shields 001-0450-66500 18.36 3/29/2022 0 Bank of Montreal Avery Printing - postcards for GHP document mailing 001-0120-61000 53.13 3/29/2022 0 Bank of Montreal Wildberry Pancakes - 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walkie talkie system 019-1930-66500 54.97 3/29/2022 0 Bank of Montreal Harbor Freight Tools - sanding discs 019-1965-65500 27.92 3/29/2022 0 Bank of Montreal Activity Messenger - annual fee 019-1905-51500 900.00 3/29/2022 0 Bank of Montreal Day Break Oquawka - gas for truck 188 & 153 061-0000-62510 191.63 3/29/2022 0 Bank of Montreal USA Bluebook - lab chemicals 061-0000-68500 820.40 3/29/2022 0 Bank of Montreal UPS Store - shipping 030-0370-53000 11.22 3/29/2022 0 Bank of Montreal Forestry Suppliers - 4 tape measures 001-0410-64800 76.00 3/29/2022 0 Bank of Montreal Menards - reamer set 001-0450-66500 9.99 3/29/2022 0 Bank of Montreal CBA Lighting - 30W lamps for taxiway 020-0000-66000 591.80 3/29/2022 0 Bank of Montreal CoolUtils.com - refund of sales tax 001-0000-10407 (3.74) 3/29/2022 0 Bank of Montreal Menards - washers, bolts, nuts 001-0450-65500 24.67 3/29/2022 0 Bank of Montreal Hyatt Regency Chicago - meal for IPRA 019-1905-54500 5.76 3/29/2022 0 Bank of Montreal Grandview - food for plowing 001-0450-68000 79.68 3/29/2022 0 Bank of Montreal Grandview Restaurant - food for plow crew 019-1915-68000 40.31 3/29/2022 0 Bank of Montreal Caseys - food for plow crew 001-0450-68000 113.51 3/29/2022 0 Bank of Montreal Galesburg Electric - light bulbs 001-0605-66000 99.20 3/29/2022 0 Bank of Montreal NPELRA - HR Training Seminar 001-0120-54500 249.00 3/29/2022 0 Bank of Montreal Lowes - tape, fasteners 019-1960-66000 11.72 3/29/2022 0 Bank of Montreal DynDNS.com - 1 month Managed DNS Express 5 renewal 001-0207-55800 24.00 3/29/2022 0 Bank of Montreal Little Caesars - pizza for staff 019-1940-64000 37.55 3/29/2022 0 Bank of Montreal Selective Insurance - flood insurance - Control building 078-0000-56531 26,868.00 3/29/2022 0 Bank of Montreal Bona Fide Masks - sales tax to be refunded 001-0000-10407 13.06 3/29/2022 0 Bank of Montreal Hy Vee - kitchen supplies - refund of sales tax 021-0000-68000 (5.00) 3/29/2022 0 Bank of Montreal Pekin Insurance - 03/22 Life Insurance Premiums 001-0510-47500 118.80 3/29/2022 0 Bank of Montreal Lowes - windshield washer fluid 001-0450-65500 35.76 3/29/2022 0 Bank of Montreal Amazon - disposable plastic plates 001-0510-61000 25.89 3/29/2022 0 Bank of Montreal Thompson - wheel check, filter 030-0370-62500 137.05 3/29/2022 0 Bank of Montreal Moore Tire - tires #34 001-0510-62500 555.76 3/29/2022 0 Bank of Montreal Terminal Supply - electrical supplies 001-0445-63000 172.25 3/29/2022 0 Bank of Montreal Register Mail - paper subscription 001-0510-55000 24.00 3/29/2022 0 Bank of Montreal Amazon - plastic spoons 001-0510-61000 28.70 3/29/2022 0 Bank of Montreal Lowes - LED Bulbs 019-1950-66000 20.98 3/29/2022 0 Bank of Montreal Slumberland - refund of sales tax 001-0000-10407 (226.26) 3/29/2022 0 Bank of Montreal Amazon - seat cushion 001-0120-61000 45.95 3/29/2022 0 Bank of Montreal Glenn's Radiator - alignment #404 001-0510-55500 129.95 3/29/2022 0 Bank of Montreal Lowes - plywood, floor glue, etc 019-1960-66000 79.17 3/29/2022 0 Bank of Montreal Amazon - disposable face masks 001-0510-61000 57.45 3/29/2022 0 Bank of Montreal Comcast - 02/22 Internet 001-0205-54000 30.00 3/29/2022 0 Bank of Montreal Menards - tools - drain cover 001-0450-66500 42.96 3/29/2022 0 Bank of Montreal Little Caesars - overtime meal 061-0000-68000 22.63 3/29/2022 0 Bank of Montreal Northwestern Univ - 10/22 - 12/22 SPSC Training - B Anderson 001-0510-54500 2,100.00 3/29/2022 0 Bank of Montreal Amazon - wall calendar 001-0205-61000 47.69 3/29/2022 0 Bank of Montreal Celito's Cafe - food for plow crew 019-1915-68000 35.26 3/29/2022 0 Bank of Montreal Little Caesars - lunch for staff 019-1940-64000 30.85 3/29/2022 0 Bank of Montreal People's - LP gas for grill 001-0605-65000 71.20 3/29/2022 0 Bank of Montreal Vistaprint - employee thank you cards 001-0120-58500 103.47 3/29/2022 0 Bank of Montreal Amazon - printer ink 030-0370-61000 118.55 3/29/2022 0 Bank of Montreal Advance Auto Parts - diesel additive 001-0450-65500 287.76 3/29/2022 0 Bank of Montreal Little Caesars - lunch for staff 019-1940-64000 5.55 3/29/2022 0 Bank of Montreal Lowes - household batteries 061-0000-65500 89.97 3/29/2022 0 Bank of Montreal Wildberry Pancakes - breakfast at IPRA - Tony, Angie, Chelsea 019-1905-54500 86.00 3/29/2022 0 Bank of Montreal Menards - garden hose, vehicle wax, screws, furnace filter, etc 001-0605-66000 160.22 3/29/2022 0 Bank of Montreal Holt Supply Co - refund for pvc reducer coupling 061-0000-66000 (82.08) 3/29/2022 0 Bank of Montreal Farm King Supply - winter boots 061-0000-67500 129.95 3/29/2022 0 Bank of Montreal Menards - tire cement, tire plugs 019-1915-65500 34.68 3/29/2022 0 Bank of Montreal U of I Housing - 02/27/22 - 05/06/22 IFSI housing - Yocum 001-0605-54500 2,568.33 3/29/2022 0 Bank of Montreal Lowes - washer for Fremont 001-0605-61800 569.00 3/29/2022 0 Bank of Montreal Walmart - coffee, coffee supplies 001-0110-61000 72.78 3/29/2022 0 Bank of Montreal JensenIT - Windows 11Pro upgrade - CRP Trainer laptop #1 057-0000-61700 146.98 3/29/2022 0 Bank of Montreal DMI Dell - CRP replacement of M Doney's computer 057-0000-61700 2,865.81 3/29/2022 0 Bank of Montreal Caseys - food for plow crew 019-1915-68000 57.09 3/29/2022 0 Bank of Montreal JensenIT - Windows 11Pro upgrade - CRP Trainer laptop #2 057-0000-61700 146.98 3/29/2022 0 Bank of Montreal Verizon Wireless - 02/22 Service - Command Vehicle 001-0000-20102 5.13 3/29/2022 0 Bank of Montreal Amazon - apple pencil, portable hard drive - investigations 001-0605-61700 170.88 3/29/2022 0 Bank of Montreal Amazon - February macrame craft night supplies 019-1940-64000 32.57 3/29/2022 0 Bank of Montreal Walmart - air freshener 019-1910-65000 0.97 3/29/2022 0 Bank of Montreal Amazon - Honeywell HEPA filter replacements 001-0205-61000 59.53 3/29/2022 0 Bank of Montreal Hyatt Regency Chicago - lodging at IPRA 019-1905-54500 454.29 3/29/2022 0 Bank of Montreal Van Wall Equipment - bracket #563 019-1920-62500 49.96 3/29/2022 0 Bank of Montreal Little Caesars - pizza for staff 019-1940-64000 23.85 3/29/2022 0 Bank of Montreal Kum and Go - gasoline - conference 019-1920-54500 28.93 3/29/2022 0 Bank of Montreal McDonalds - lunch at IPRA - Tony 019-1905-54500 7.82 3/29/2022 0 Bank of Montreal Little Caesars - lunch for staff 019-1940-64000 50.30 3/29/2022 0 Bank of Montreal Amazon - holster taser 001-0510-67500 89.99 3/29/2022 0 Bank of Montreal UPS - shipping 001-0605-53000 9.59 3/29/2022 0 Bank of Montreal Managing Police Records PRI - training - Helms & Lafollette 001-0550-54500 518.00 3/29/2022 0 Bank of Montreal ICC - electrical code check 001-0306-67000 28.50 3/29/2022 0 Bank of Montreal Holt Supply - replacement flush valve 019-1911-66000 446.31 3/29/2022 0 Bank of Montreal Menards - coax cable, wire strippers, splitter, paint 019-1920-66000 65.07 3/29/2022 0 Bank of Montreal US Cellular - 01/22 Service 061-0000-20102 344.57 3/29/2022 0 Bank of Montreal Hyatt Regency Chicago - dinner at IPRA - Tony 019-1905-54500 16.20 3/29/2022 0 Bank of Montreal Eagle Engraving, Inc - Honor Guard collar brass 001-0605-67500 51.95 3/29/2022 0 Bank of Montreal Amazon - canvases, buttons - February craft night 019-1940-64000 15.98 3/29/2022 0 Bank of Montreal Hyatt Regency Chicago - IPRA lodging - Angie & Chelsea 019-1905-54500 454.29 3/29/2022 0 Bank of Montreal Amazon - steel hose reel 053-0000-66000 429.03 3/29/2022 0 Bank of Montreal Selective Insurance - flood insurance - well #1 078-0000-56531 3,370.00 3/29/2022 0 Bank of Montreal Frontier Communications - Water Treatment Plant phone & internet 061-0000-54000 326.07 3/29/2022 0 Bank of Montreal Galesburg Electric - batteries 001-0605-65500 132.90 3/29/2022 0 Bank of Montreal Galesburg Electric - light bulbs, recycled light bulbs 019-1910-66000 127.75 3/29/2022 0 Bank of Montreal TLO Trans Union - TLO Program subscription 001-0510-55800 75.00 3/29/2022 0 Bank of Montreal Amazon - Bunn O-Matic decanter 001-0510-61000 18.89 3/29/2022 0 Bank of Montreal Holt Supply - vacuum breaker kit 019-1955-66000 3.56 3/29/2022 0 Bank of Montreal Fastenal - step drill bits 061-0000-66500 110.00 3/29/2022 0 Bank of Montreal Valley Distribution - core credit 001-0445-55500 (20.00) 3/29/2022 0 Bank of Montreal AWWA.org - 03/22 - 12/22 AWWA membership dues 061-0000-55000 198.33 3/29/2022 0 Bank of Montreal Wilson Paper Co - paper towels, paper towel holder 001-0450-65000 95.34 3/29/2022 0 Bank of Montreal Urban Space - meal for IPRA 019-1905-54500 10.54 3/29/2022 0 Bank of Montreal Amazon - forged sod lifter 019-1915-66500 68.72 3/29/2022 0 Bank of Montreal Menards - sewage pump, pipe, fittings 019-1960-66000 208.61 3/29/2022 0 Bank of Montreal Midstate - filter cleaning #122 001-0450-55500 22.00 3/29/2022 0 Bank of Montreal Selective Insurance - flood insurance - Generator building 078-0000-56531 1,638.00 3/29/2022 0 Bank of Montreal Holt Supply Co - galvanized nipples 061-0000-66000 29.42 3/29/2022 0 Bank of Montreal USPS - stamps 030-0320-53000 46.40 3/29/2022 0 Bank of Montreal Bestbuy.com - CRP Trainer laptop #1 replacement 057-0000-61700 1,699.99 3/29/2022 0 Bank of Montreal Amazon - flat plate fitting brackets 001-0450-66500 193.41 3/29/2022 0 Bank of Montreal Amazon - picture frames 001-0605-61000 27.99 3/29/2022 0 Bank of Montreal Dollar Tree - Valentines for Seniors craft supplies 019-1940-64000 16.20 3/29/2022 0 Bank of Montreal Menards - plumbing for hose 001-0450-66500 141.69 3/29/2022 0 Bank of Montreal Amazon - Honeywell HEPA filter replacements 001-0205-61000 59.53 Grand Total 567,953.45$ ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WC Page 1 of 2 CITY OF GALESBURG COUNCIL LETTER APRIL 4, 2022 AGENDA ITEM: Ordinance to allow plantings in the terrace portion of the public right-of-way. SUMMARY RECOMMENDATION: The City Manager and Director of Public Works recommend approval of an ordinance to allow plantings in the terrace portion of the public right- of-way. BACKGROUND: Based on feedback from the master gardeners of Knox County as well as the City Council provided at the 3/21/2022 meeting, a redline version of the original ordinance is provided which reflects those changes as well as a clean version of the revised ordinance for approval. The purpose of the ordinance is to establish criteria for private plantings and landscaping features within the terrace portion of the public right-of-way. This ordinance will allow for the permissive use of the terrace, provided such use does not interfere with the public’s use of the space. The ordinance allows plantings up to thirty (30) inches in height with the exception of clear vision areas at intersections with streets and driveways which limits the height in these areas to eighteen (18) inches. The revised ordinance requires a one (1) foot border area adjacent to curbs and sidewalks where plants are limited to no more than twelve (12) inches in height. A permit will be required from the City Engineer prior to planting. A landscaping plan or sketch will be required as part of the permit application. Property owners will be required to maintain the areas that are planted. If they are not maintained in accordance with the ordinance, the property owner will be provided a written notice from the City Engineer and will have 10 days to bring the plantings into compliance. Zones A and B in the public right of way – Less than 18 inches in height Zone C – Less than 12 inches in height All other areas in the terrace – Less than 30 inches in height 22-1002 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WC Page 2 of 2 BUDGET IMPACT: There is no anticipated budget impact. SUPPORTING DOCUMENTS: 1. Clean version of the revised ordinance with Master Gardeners and Council suggestions 2. Redline ordinance with proposed Master Gardener & Council suggestions ORDINANCE NO. _________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS, AS FOLLOWS: SECTION 1 That Section 97.020 of Chapter 97 of the Galesburg Code of Ordinances be created and shall hereafter read as follows: § 97.020 PLANTINGS IN THE TERRACE. (A) Purpose. The purpose of this Section is to establish criteria for private plantings and landscaping features within the terrace portion of the public right-of-way. This ordinance will allow for the permissive use of the terrace, provided such use does not interfere with the public's use of the space. Uses inconsistent with this Section may be subject to penalty hereunder or may require approval under other Sections of this Ordinance. The general scope of this ordinance covers the installation and maintenance of privately placed items within the terrace. (B) Definitions. For the purposes of this section, the following definitions apply: (1) "Occupant" is any person who legally resides in a residential property immediately adjacent to a terrace, including any individual condominium owner within a condominium development. (2) "Owner" is the person who has legal title to a property immediately adjacent to a terrace, and, for multi-unit properties, includes condominium associations. (3) "Permissible Plantings" are those plants, other than trees and shrubs, and landscape features that have been deemed permissible plantings under subsection (D). (4) “Terrace" is that portion of the public right-of-way in between the curb, or edge of roadway if no curb is present, and the adjoining lot line, whether or not the area is occupied by a sidewalk. (5) “Landscaping Features” are items meant to protect approved plantings, such as mulch, small rocks, landscaping bricks, edging, or other similar features. (6) “Public Right-Of-Way” are those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect. (C) Permits. A permit shall be required by the City Engineer for an owner or occupant to be able to plant, maintain, and cultivate permissible plantings and landscaping features within the terrace adjoining the owner’s property. There shall be no cost for this permit. The owner or occupant shall be required to provide a landscaping plan or sketch upon application for a permit. Traditional lawn turf is approved for all terraces and shall not require a permit from the City Engineer. The City Engineer shall have the right to remove or restrict any terrace plantings or landscape features that are deemed to interfere with 1.) the safety of pedestrians and motorists, 2.) City or utility maintenance operations, or 3.) other authorized use of the terrace. (D) Permissible Plantings. The owner of a property may plant, maintain, and cultivate or allow an occupant of the property to plant, maintain, and cultivate certain plants and landscaping features within the terrace adjoining the owner’s property if said plantings and landscaping features are consistent with the requirements of this subsection. Plantings may not include any trees or shrubs. The planting of trees and shrubs are subject to Sections 97.035 – 97.038. Plantings and landscape features are permissible plantings under this subsection if the following conditions are met: (1) Approved Plantings. Any non-woody plantings including flower gardens, natural grasses, or other plants shall be allowed provided they comply with subsection (F) of this ordinance and do not exceed thirty (30) inches in height. Vegetable gardens shall not be allowed on the terrace. Any plant species that are designated as an exotic weed by the Illinois Exotic Weed Act (525 ICLS 10/3 shall not be allowed. (2) Landscaping Features. Landscaping features shall be allowed provided the materials are stable, do not create any potential public safety hazard, and are easily removable. Pots, concrete planters, and irrigation equipment and the like are not landscaping features and shall not be allowed. (3) Control of Noxious Weeds. It shall be unlawful to maintain or permit to grow any weeds prohibited by the Illinois Noxious Weed Law (505 ILCS100/1 et seq.) within the corporate limits of the City of Galesburg. Property owners and occupants have an affirmative duty to remove such weeds. (E) Non-plant Materials. (1) All items placed in the terrace shall be easily removable to facilitate the repair and installation of public utilities. (2) Due to the narrow width and possible restriction of public use, raised planting beds in the terrace are not allowed. (3) Under no circumstances shall any material (including soil) be placed on top of water valves or utility access hole covers. The utilities shall remain visible and undisturbed. (F) Planting Requirements. (1) The planting, cutting, pruning, or removal of trees and shrubs in the terrace is not governed by this ordinance but rather Sections 97.035-97.038 and requires a separate permit. (2) The owner or occupant seeking to place permissible plantings in the terrace is responsible for contacting the Joint Utility Locating Information for Excavators ( J.U.L.I.E) by calling 8-1-1 or 800-892-0123 or submitting an online request before they dig in order to identify and mark any underground utilities prior to digging within the terrace. (3) Any chemical agent, insecticide or fertilizer must be applied in accordance with the manufacturer’s label instructions and any State and Federal regulations where applicable. (4) In order to provide a clear view at intersections for all users of the traveled way, an area within each intersection shall be kept clear of any plant over eighteen (18) inches in height in the areas as defined in (a) and (b) below. (a) At the intersection of two (2) streets abutting a corner lot, the clear vision area shall be all the area in the public right-of-way within the thirty (30) feet sight triangle extended to the curb line or edge of the street if there is no curb. (Zone A) (b) At the intersection of a street with a private road, driveway, or alley, the clear vision area shall be all the area within four (4) feet of the private road, driveway, or alley. (Zone B) (5) In order to provide an unobstructed path and keep plant growth out of the street the following restrictions apply: (a) An area one foot back from the curb and public sidewalk, shall be kept be clear of any plant over twelve (12) inches in height. (Zone C). When no curb is present the area shall be no closer than ten (10) feet from the edge of the roadway. Under no circumstance shall any plant encroach over a sidewalk, curb, or roadway edge. (b) No plants or landscaping features shall be placed within a six (6) foot radius of a fire hydrant. (c) Plants and non-plant materials shall not create tripping hazards or have puncture or cutting potential. Sharp corners and edges of materials shall be rounded or beveled. (d) Under no circumstances shall an approved planting or landscaping feature obstruct or endanger the public’s use of a roadway, sidewalk or other multi-use path, and all approved plantings and landscaping features shall be maintained so as not to interfere with the publics’ right of travel over these areas, or the visibility required to exit private driveways. Figure 97.020 (4)(5) Zones A and B in the public right of way – Less than 18 inches in height Zone C – Less than 12 inches in height All other areas in the terrace – Less than 30 inches in height (G) Maintenance of Approved Plantings and Landscaping Features. (1) Approved plantings and landscaping features shall be maintained in a safe manner, free of any unapproved planting or landscaping features and in the areas allowed under the ordinance. The owner or occupant responsible for the permissible plantings accepts full responsibility for the care and maintenance of the permissible plantings and understands that permissible plantings in the terrace are made at their own risk. (2) The owner or occupant responsible for the permissible plantings and landscaping features shall frequently inspect and maintain them and at a minimum, must address the following: (a) Removal of invasive plants (b) Removal of trash, leaves, or other debris (c) Repairing areas of erosion (d) Keeping the plants trimmed within the terrace (H) Access by City or Public Utility Companies. All terraces are public property and are subject to the right of the City and public utility companies to perform necessary work; to access, install, and maintain utilities, to widen, repair, or reconstruct curbing, ditches, sidewalks, and streets, and to store excess snow. (1) Prior to performing any public works project that may threaten any permissible planting, the City shall attempt to notify property owners and occupants of the City’s plans in order to give the owner or occupant sufficient time to relocate the plantings (for example, public works projects such as street reconstruction, utility work, or tree removal and/or replacement). Said notice shall be provided either personally or by regular mail at least ten (10) days prior to the work being performed. This notification provision shall not apply in emergency situations or where such notice is not practicable. If the City removes approved plantings or landscaping features after the ten (10) day notice period or during an emergency situation, the City shall not compensate the owner or occupant. (2) In the event the City or public utility companies interfere with terrace plantings or landscape features in the course of such work, the City or public utility companies shall be responsible only to restore the terrace to a traditional lawn turf condition. (3) In no event shall the City or public utility companies be liable for any damage to, disruption of, or removal of terrace plantings or landscape features, either direct or indirect, as a result of the City or public utility companies performing any installation, maintenance, or repairs in the public right-of-way. (I) Non-compliant Plantings and Landscaping Features. The City Engineer shall serve a written notice either personally or by regular mail to the owner and occupant for any plantings or landscaping features located on any terrace that are not in compliance with the provisions of this ordinance. The notice shall provide the owner or occupant ten (10) days to bring the plantings or landscaping features in compliance with the provisions of this ordinance. Upon refusal or neglect to comply with the notice from the City Engineer, the City Engineer may remove the plantings and landscaping features and restore the terrace back to traditional lawn turf. The cost of removal shall be assessed against the lot adjoining the terrace upon which the plantings or landscaping features were located. The enforcement of this ordinance shall be under the supervision of the City Engineer. Nothing in this subsection shall prohibit the City Attorney from seeking legal or equitable remedies against an owner or occupant who does not remove non-compliant plantings or landscaping features. SECTION 2 That Section 97.004 (A) of Chapter 97 of the Galesburg Code of Ordinances be, and the same hereby is amended in its entirety, and shall hereafter read as follows: ENCROACHMENT. Any building, fence, sign or any other structure or object of any kind (with the exception of utilities, public road signs, and permitted plantings), which is placed, located, or maintained, in , on, under or over any portion of the project right-of-way or the roadway right-of-way where no project right-of-way line has been established. PROJECT RIGHT-OF-WAY. Any area within the project right-of-way lines established jointly by the city and the state which will be free of encroachments except as hereinafter defined. ROADWAY RIGHT-OF-WAY. Those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect. SECTION 3 This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Approved this _ day of , 20 __ , by a roll call vote as follows: Roll Call #: Ayes: ______________________________________________________________________ Nays: ______________________________________________________________________ Absent: _____________________________________________________________________ Abstain: _____________________________________________________________________ ______________________________ Peter Schwartzman, Mayor ATTEST: ____________________________ Kelli R. Bennewitz, City Clerk ORDINANCE NO. _________________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS, AS FOLLOWS: SECTION 1 That Section 97.020 of Chapter 97 of the Galesburg Code of Ordinances be created and shall hereafter read as follows: § 97.020 PLANTINGS IN THE TERRACE. (A) Purpose. The purpose of this Section is to establish criteria for private plantings and landscaping features within the terrace portion of the public right-of-way. This ordinance will allow for the permissive use of the terrace, provided such use does not interfere with the public's use of the space. Uses inconsistent with this Section may be subject to penalty hereunder or may require approval under other Sections of this Ordinance. The general scope of this ordinance covers the installation and maintenance of privately placed items within the terrace. (B) Definitions. For the purposes of this section, the following definitions apply: (1) "Occupant" is any person who legally resides in a residential property immediately adjacent to a terrace, including any individual condominium owner within a condominium development. (2) "Owner" is the person who has legal title to a property immediately adjacent to a terrace, and, for multi-unit properties, includes condominium associations. (3) "Permissible Plantings" are those plants, other than trees and shrubs, and landscape features that have been deemed permissible plantings under subsection (D). (4) “Terrace" is that portion of the public right-of-way in between the curb, or edge of roadway if no curb is present, and the adjoining lot line, whether or not the area is occupied by a sidewalk. (5) “Landscaping Features” are items meant to protect approved plantings, such as mulch, small rocks, landscaping bricks, edging, or other similar features. (6) “Public Right-Of-Way” are those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect. (C) Permits. A permit shall be required by the City Engineer for an owner or occupant to be able to plant, maintain, and cultivate permissible plantings and landscaping features within the terrace adjoining the owner’s property. There shall be no cost for this permit. The owner or occupant shall be required to provide a landscaping plan or sketch upon application for a permit. Traditional lawn turf is approved for all terraces and shall not require a permit from the City Engineer. The City Engineer shall have the right to remove or restrict any terrace plantings or landscape features that are deemed to interfere with 1.) the safety of pedestrians and motorists, 2.) City or utility maintenance operations, or 3.) other authorized use of the terrace. (D) Permissible Plantings. The owner of a property may plant, maintain, and cultivate or allow an occupant of the property to plant, maintain, and cultivate certain plants and landscaping features within the terrace adjoining the owner’s property if said plantings and landscaping features are consistent with the requirements of this subsection. Plantings may not include any trees or shrubs. The planting of trees and shrubs are subject to Sections 97.035 – 97.038. Plantings and landscape features are permissible plantings under this subsection if the following conditions are met: (1) Approved Plantings. Any non-woody plantings including flower gardens, natural grasses, or other plants shall be allowed provided they comply with subsection (F) of this ordinance and do not exceed thirty (30) inches in height. Vegetable gardens shall not be allowed on the terrace. Any plant species that are designated as an exotic weed by the Illinois Exotic Weed Act (525 ICLS 10/3 shall not be allowed. (2) Landscaping Features. Landscaping features shall be allowed provided the materials are stable, do not create any potential public safety hazard, and are easily removable. Pots, concrete planters, and irrigation equipment and the like are not landscaping features and shall not be allowed. (3) Control of Noxious Weeds. It shall be unlawful to maintain or permit to grow any weeds prohibited by the Illinois Noxious Weed Law (505 ILCS100/1 et seq.) within the corporate limits of the City of Galesburg. Property owners and occupants have an affirmative duty to remove such weeds. (E) Non-plant Materials. (1) All items placed in the terrace shall be easily removable to facilitate the repair and installation of public utilities. (2) Due to the narrow width and possible restriction of public use, raised planting beds in the terrace are not allowed. (3) Under no circumstances shall any material (including soil) be placed on top of water valves or utility access hole covers. The utilities shall remain visible and undisturbed. (F) Planting Requirements. (1) The planting, cutting, pruning, or removal of trees and shrubs in the terrace is not governed by this ordinance but rather Sections 97.035-97.038 and requires a separate permit. (2) The owner or occupant seeking to place permissible plantings in the terrace is responsible for contacting the Joint Utility Locating Information for Excavators ( J.U.L.I.E) by calling 8-1-1 or 800-892-0123 or submitting an online request before they dig in order to identify and mark any underground utilities prior to digging within the terrace. (3) Any chemical agent, insecticide or fertilizer must be applied in accordance with the manufacturer’s label instructions and any State and Federal regulations where applicable. (4) In order to provide a clear view at intersections for all users of the traveled way, an area within each intersection shall be kept clear of any plant over eighteen (18) inches in height in the areas as defined in (a) ,and (b), and (c) below. (a) At the intersection of two (2) streets abutting a corner lot, the clear vision area shall be all the area in the public right-of-way within the thirty (30) feet sight triangle extended to the curb line or edge of the street if there is no curb. (Zone A) (b) At the intersection of a street with a private road, driveway, or alley, the clear vision area shall be all the area within four (4) feet of the private road, driveway, or alley. (Zone B) (c) On the private side of the property line, there shall be a ten (10) feet by ten (10) feet sight triangle adjacent to the public right of way and the driveway. (Zone C) (5) In order to provide an unobstructed path and keep plant growth out of the street the following restrictions apply: (a) An area one foot back from the curb and public sidewalk (Zone C), shall be kept be clear of any plant over twelve (12) inches in height.Plants shall have a setback of two (2) feet from the public sidewalk and curb. However landscaping features shall be permitted within this area (Zone DC) provided edging is used and no materials shall spill onto the sidewalk or curb or street. Also, the area beside the sidewalk and curb shall be flush with sidewalk or cub. When no curb is present the areasetback shall be no closer than ten (10) feet from the edge of the roadway. Under no circumstance shall any plant encroach over a sidewalk, curb, or roadway edge. (b) No plants or landscaping features shall be placed within a six (6) foot radius of a fire hydrant. (c) Plants and non-plant materials shall not create tripping hazards or have puncture or cutting potential. Sharp corners and edges of materials shall be rounded or beveled. (d) Under no circumstances shall an approved planting or landscaping feature obstruct or endanger the public’s use of a roadway, sidewalk or other multi-use path, and all approved plantings and landscaping features shall be maintained so as not to interfere with the publics’ right of travel over these areas, or the visibility required to exit private driveways. Figure 97.020 (4)(5) Zones A and B in the public right of way – Less than 18 inches in height Zone C – Less than 12 inches in height All other areas in the terrace – Less than 30 inches in height (G) Maintenance of Approved Plantings and Landscaping Features. (1) Approved plantings and landscaping features shall be maintained in a safe and orderly manner, free of any unapproved planting or landscaping features and in the areas allowed under the ordinance. The owner or occupant responsible for the permissible plantings accepts full responsibility for the care and maintenance of the permissible plantings and understands that permissible plantings in the terrace are made at their own risk. (2) The owner or occupant responsible for the permissible plantings and landscaping features shall frequently inspect and maintain them and at a minimum, must address the following: (a) Removal of weeds and invasive plants (b) Removal of trash, leaves, grass clippings, or other debris (c) Repairing areas of bare soil or erosion (d) Keeping the plants trimmed within the terrace and removing dead material (H) Access by City or Public Utility Companies. All terraces are public property and are subject to the right of the City and public utility companies to perform necessary work; to access, install, and maintain utilities, to widen, repair, or reconstruct curbing, ditches, sidewalks, and streets, and to store excess snow. (1) Prior to performing any public works project that may threaten any permissible planting, the City shall attempt to notify property owners and occupants of the City’s plans in order to give the owner or occupant sufficient time to relocate the plantings (for example, public works projects such as street reconstruction, utility work, or tree removal and/or replacement). Said notice shall be provided either personally or by regular mail at least ten (10) days prior to the work being performed. This notification provision shall not apply in emergency situations or where such notice is not practicable. If the City removes approved plantings or landscaping features after the ten (10) day notice period or during an emergency situation, the City shall not compensate the owner or occupant. (2) In the event the City or public utility companies interfere with terrace plantings or landscape features in the course of such work, the City or public utility companies shall be responsible only to restore the terrace to a traditional lawn turf condition. (3) In no event shall the City or public utility companies be liable for any damage to, disruption of, or removal of terrace plantings or landscape features, either direct or indirect, as a result of the City or public utility companies performing any installation, maintenance, or repairs in the public right-of-way. (I) Non-compliant Plantings and Landscaping Features. The City Engineer shall serve a written notice either personally or by regular mail to the owner and occupant for any plantings or landscaping features located on any terrace that are not in compliance with the provisions of this ordinance. The notice shall provide the owner or occupant ten (10) days to bring the plantings or landscaping features in compliance with the provisions of this ordinance. Upon refusal or neglect to comply with the notice from the City Engineer, the City Engineer may remove the plantings and landscaping features and restore the terrace back to traditional lawn turf. The cost of removal shall be assessed against the lot adjoining the terrace upon which the plantings or landscaping features were located. The enforcement of this ordinance shall be under the supervision of the City Engineer. Nothing in this subsection shall prohibit the City Attorney from seeking legal or equitable remedies against an owner or occupant who does not remove non-compliant plantings or landscaping features. SECTION 2 That Section 97.004 (A) of Chapter 97 of the Galesburg Code of Ordinances be, and the same hereby is amended in its entirety, and shall hereafter read as follows: ENCROACHMENT. Any building, fence, sign or any other structure or object of any kind (with the exception of utilities, public road signs, and permitted plantings), which is placed, located, or maintained, in , on, under or over any portion of the project right-of-way or the roadway right-of-way where no project right-of-way line has been established. PROJECT RIGHT-OF-WAY. Any area within the project right-of-way lines established jointly by the city and the state which will be free of encroachments except as hereinafter defined. ROADWAY RIGHT-OF-WAY. Those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect. SECTION 3 This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Approved this _ day of , 20 __ , by a roll call vote as follows: Roll Call #: Ayes: ______________________________________________________________________ Nays: ______________________________________________________________________ Absent: _____________________________________________________________________ Abstain: _____________________________________________________________________ ______________________________ Peter Schwartzman, Mayor ATTEST: ____________________________ Kelli R. Bennewitz, City Clerk ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: TDM Page 1 of 2 COUNCIL LETTER CITY OF GALESBURG MARCH 21, 2022 AGENDA ITEM: Disposal of unused/retired vehicles and miscellaneous obsolete parts. SUMMARY RECOMMENDATION: The City Manager, Fleet Superintendent, and Purchasing Agent recommend that the City Council approve passage of the Special Ordinance and authorize the Purchasing Agent to dispose of listed unused/retired vehicles and miscellaneous obsolete parts through an online public auction service. BACKGROUND: Each year the City disposes of obsolete equipment as necessary. This disposal requires City Council approval. The methods of disposal include public auction, consignment, and online auction. An inventory of all items to be included in the auction are listed on a Special Ordinance. This special ordinance requires two Council readings with final approval prior to the sale. The vehicles and parts for consideration this round are as follows: Quantity Description 1 2002 Ford F250 1 1996 Ford F150 1 2005 Chevy Uplander 1 Snap-On MIG Welder 1 Accu-Turn 6700 Wheel Balancer 1 Pallet of Miscellaneous Obsolete Parts City staff seamlessly used PurpleWave auctions for the disposal of City vehicles in 2021. This company handled all aspects of listing the items as well as collection of funds and title transfer. In this format, the City did not pay a fee for the listing. The interested buyer is responsible for a 10% buyer’s fee, which is the commission PurpleWave receives. While the vehicles would be available for anyone to purchase, City staff believe that revenue from the sale would be maximized under this format as the company targets potential buyers that are interested specifically in the types of units being offered for sale. BUDGET IMPACT: The revenue received from the sale of this property is deposited into the applicable funds used to purchase future vehicles to help offset costs. SUPPORTING DOCUMENTS: 1. Ordinance 22-1007 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: TDM Page 2 of 2 SPECIAL ORDINANCE NO._______________ WHEREAS, three-fourths of all the Corporate Authorities of the City of Galesburg, Illinois, are of the opinion that the Personal Property hereinafter described is no longer necessary or useful to, or for the best interest of the City of Galesburg. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS: SECTION 1. That the City Manager is authorized to instruct the Purchasing Agent to complete an online auction and/or solicit bids for the sale of the following described City owned property to the highest bidder: Lot #1 (City Owned Property ready for disposal) QTY Detailed Description Department Added by 1 2002 Ford F250 Garage M Miller 1 1996 Ford F150 Garage M Miller 1 2005 Chevy Uplander Garage M Miller 1 Snap-On MIG Welder Garage M Miller 1 Accu-Turn 6700 Wheel Balancer Garage M Miller 1 Pallet of Miscellaneous Obsolete Parts Garage M Miller That this Ordinance shall be in full force and effect from, and after its passage, approval and publication in pamphlet form as provided by law. Approved this day of , 2022, by a roll call vote as follows: Roll Call #:_________________ Ayes: ______________________________________________________________________ Nays: ______________________________________________________________________ Absent: _____________________________________________________________________ Abstain: _____________________________________________________________________ _______________________________________ Peter Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk COUNCIL LETTER CITY OF GALESBURG APRIL 4, 2022 AGENDA ITEM: Ordinance authorizing the submittal of the Section 5311 and Downstate Public Transit Operating Assistance Grant Applications for the period July 1, 2022 through June 30, 2023 to provide public transportation. SUMMARY RECOMMENDATION: The Public Transportation Advisory Commission held a public hearing on March 28, 2022. The commission unanimously recommended the City Council approve the grant applications and request the City Council suspend the rules and make a final vote so the applications can be submitted as soon as possible. The City Manager, Director of Community Development and Transit Manager/PCOM agree with the commission's recommendation. BACKGROUND: Each year the City submits to the Illinois Department of Transportation (IDOT) a grant application for the funding under the Section 5311 Transit Operating Assistance Program. This is a Federal program administered by the State. Funds are provided to eligible applicants for daily operating and administrative costs to run transit operations. The City’s fixed route and paratransit programs are eligible for this federal funding. The estimated funding amount to be received for the upcoming fiscal year is $304,335 which is the same amount as last year. The Section 5311 Program provides funding up to 50 percent of the operating deficit (operating costs less revenues) and up to 80 percent of the administrative expenses. The second grant is the Downstate Operating Assistance Program (DOAP) Grant. The State of Illinois currently reimburses the transit system for up to 65 percent of the total operating expenses. For SFY 2023, IDOT stated the Downstate Operating Assistance Program appropriation is $3,041,600 which is the same as last year’s appropriated amount. For the SFY23 budget, it is estimated that the city will use approximately $1,667,679. The estimated cost for this program is as follows: Funding Source Amount Federal Transit Administration................ $ 304,335 Downstate Operating Assistance Program... $ 1,667,679 Local....................................................... $ 526,636 Transit Revenue...................................... $ 67,010 TOTAL PROJECT COST...................... $ 2,565,660 BUDGET IMPACT: If the application is not submitted there would be an estimated shortfall of up to $304,335 in Federal funds and up to $3,041,600 in State funds to cover transit expenses based upon anticipated expenditures and revenues for the year. SUPPORTING DOCUMENTS: 1. Ordinance 22-1009 -1- ORDINANCE NO. ______________ AN ORDINANCE TO PROVIDE PUBLIC TRANSPORTATION IN THE CITY OF GALESBURG, KNOX COUNTY, ILLINOIS: WHEREAS, public transportation is an essential public purpose for which public funds may be expended under Article 13, Section 7 of the Illinois Constitution; and WHEREAS, the City of Galesburg wishes to provide transportation for its citizens and become eligible for grants from the State of Illinois or any department or agency thereof, from any unit of local government, from the Federal government or any department or agency thereof; and WHEREAS, Illinois Compiled Statutes 740/2-1 et seq., authorizes a city to provide for public transportation within the city limits: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, KNOX COUNTY, ILLINOIS: SECTION ONE: City of Galesburg shall hereby provide public transportation within Knox County. SECTION TWO: The City Clerk of the City of Galesburg shall file a certified copy of this Ordinance, within sixty days after passage of this ordinance. SECTION THREE: This Ordinance shall be in full force and effect from and after its passage and approval, as required by law. SECTION FOUR: That the Mayor of the City of Galesburg City Council is hereby authorized and directed to execute and file on behalf of the City of Galesburg a Grant Application to the Illinois Department of Transportation. SECTION FIVE: That the Mayor of the City of Galesburg City Council is hereby authorized and directed to execute and file on behalf of the City of Galesburg all required Grant Agreements with the Illinois Department of Transportation. -2- Approved this ____ day of April, 2022, by a roll call vote as follows: Roll Call #: ___ Ayes: ______________________________________________________________________ Nays: ______________________________________________________________________ Absent: _____________________________________________________________________ Abstain: _____________________________________________________________________ _________________________________ Peter Schwartzman, Mayor ATTEST: ________________________ Kelli R. Bennewitz, City Clerk ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: AJG Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER APRIL 4, 2022 AGENDA ITEM: Bid for 2022 annual seal coating contract. SUMMARY RECOMMENDATION: The City Manager, Director of Public Works, City Engineer, Director of Parks and Recreation and Purchasing Agent recommend approval of the bid in the amount of $343,845.53 from Brandt Construction Co. of Milan, IL. BACKGROUND: This contract is for black rock seal coating for various seal coat roadways located primarily in the northeast section of the City. Additional locations for sealcoating will be the West Boat Ramp, Lake Storey softball fields roads, Treadwell Drive, and Bunker Links roads and parking area. A location map is provided showing the proposed locations. The contractor has 30 calendar days to complete the work. The project was advertised in the Register Mail. Five (5) bid proposals were sent out, and two (2) bids were received. The low bidder was Brandt Construction Co., in the amount of $349,201.05. The bid price for the City streets portion of the work increased approximately 15% from last years price and the total bid amount was higher than estimated. After a review of the condition of the streets, it is proposed to eliminate a portion of Dayton Street from Broad Street to Seminary Street and Moshier Avenue from Fremont Street to Lane Avenue. Dayton Street was done more recently than the other streets and Moshier Avenue was in better condition than the other proposed streets. The bid for the Parks roads was lower than estimated and enough funds were budgeted in 2022 to include additional streets for sealcoating based on the submitted bid price. It is proposed to add Treadwell Drive and a parking area at Bunker Links to the project. The low bidder agreed to complete the work at the revised locations at the bid prices provided. The original bid price submitted for the work is $349,201.05. The revised amount requested for approval is $343,845.53. A total of $273,937.88 will be funded with MFT funds for sealcoating of City streets. The remaining $69,907.65 will be funded with Utility Tax funds for sealcoating of Parks roads. It is anticipated the project will be completed in August. BUDGET IMPACT: There are sufficient funds budgeted for the work in 2022 in the Motor Fuel Tax fund (Fund 11) and Utility Tax fund (Fund 59). SUPPORTING DOCUMENTS: 1. Bids sent to: Gunther Construction, a division of UCM, Inc., Galesburg, IL Beniach Construction Company, Inc., Tuscola, IL Brandt Construction, Milan, IL Tri-City Blacktop, Bettendorf, IA Gee Asphalt Systems Inc, Cedar Rapids, IA 2. Bid Tabulation and revised bid 3.Revised Location Maps 22-3012 CITY OF GALESBURG Purchasing Operating Under Council- Manager Government Since 1957 2022 SEAL COAT BIDDER NAME: Section: 22-01003-51-GM BIDDER ADDRESS: Bid Date: 3/23/2022 CITY/STATE/ZIP: ATTENDED BY: T. MILLER/A. GAVIN UNIT UNIT QTY UNIT ITEM PRICE TOTAL PRICE TOTAL 10066.3 SQ YD BIT. SURFACE TREATMENT A-1 BLACK ROCK (PARKS)4.25$ 42,781.78$ 4.48$ 45,097.02$ 1079.9 SQ YD BIT. SURFACE TREATMENT A-2 BLACK ROCK (PARKS)5.00$ 5,399.50$ 9.51$ 10,269.85$ 84794.3 SQ YD BIT. SURFACE TREATMENT A-1 BLACK ROCK (CITY STREETS)3.55$ 301,019.77$ 3.50$ 296,780.05$ TOTAL COST 349,201.05$ 352,146.92$ ADDENDUM 1 Yes Yes Brandt Construction Co Gunther Construction Co 700 4th Street West 816 N Henderson St Bid Bond Bid Bond Milan, IL 61264 Galesburg, IL 61401 CITY OF GALESBURG Purchasing Operating Under Council- Manager Government Since 1957 REVISED 2022 SEAL COAT PRICES Section: 22-01003-51-GM Bid Date: 3/23/2022 UNIT QTY UNIT ITEM PRICE TOTAL 14207.8 SQ YD BIT. SURFACE TREATMENT A-1 BLACK ROCK (PARKS)4.25$ 60,383.15$ 1904.9 SQ YD BIT. SURFACE TREATMENT A-2 BLACK ROCK (PARKS)5.00$ 9,524.50$ 77165.6 SQ YD BIT. SURFACE TREATMENT A-1 BLACK ROCK (CITY STREETS)3.55$ 273,937.88$ TOTAL COST 343,845.53$ Brandt Construction Co BI KE PATHBIKE PATH WEST LAKE STOREY ROAD LAKE STOREYLEDFORD LANEPARKS MAINTENANCE BUILDINGBUNKER LINKS PARKINGFUEL TANKS24'55'135'N LAKE STOREY ROADMACHEN DRIVE1572 MACHEN DRIVE/SOFTBALL FIELDSMACHEN DRIVE DOUBLE COAT PARKING AREALEGENDBLACK ROCK SEAL (SINGLE COAT/A-1)BLACK ROCK SEAL (DOUBLE COAT/A-2)REMOVED AREASS TREAD W ELL PLAYGROUND PARKINGLIESURE LANEPUBLIC POOLDOUBLE COATTOTALSHEETSSHEETNO.SECTION #22-01003-51-GM 4 3Red Oak Lane/West Boat RampBunker Links Golf CourseLake Storey Softball FieldsSECTION # 22-01003-51-GM2022 SEAL COAT PROJECTPARKS - NON MFTPARKS MAPLincoln Park Playground Parking S TREADWELLS TREAD W ELL PLAYGROUND PARKINGLIESURE LANETREADWELL DRIVE PUBLIC POOLDOUBLE COATLEGENDBLACK ROCK SEAL (SINGLE COAT/A-1)BLACK ROCK SEAL (DOUBLE COAT/A-2)REMOVED AREASLEDFORD LANELINCOLN PARK DRIVE Bunker Links Golf CourseSECTION # 22-01003-51-GMTOTALSHEETSSHEETNO.SECTION #22-01003-51-GM 4 42022 SEAL COAT PROJECTPARKS - NON MFTPARKS MAPMATCHLINEMATCHLINE ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: AJG Page 1 of 2 CITY OF GALESBURG COUNCIL LETTER APRIL 4, 2022 AGENDA ITEM: Bids for storm sewer replacement on South Street. SUMMARY RECOMMENDATION: The City Manager, Director of Public Works, City Engineer, and Purchasing Agent recommend rejection of all bids for the project. BACKGROUND: The scope of the proposed project is to replace an existing 54” brick storm sewer that runs underneath South St. between Monmouth Boulevard and Holton Street. The brick sewer was inspected in 2016 and again in 2020 following a collapse of a portion of the sewer just south of South Street. After the 2020 inspection, it was determined that an approximately 600- foot section of the sewer was in poor condition due to many defects and could fail again soon. Klingner & Associates was hired to do a study of the rehabilitation options and develop bid documents based on those findings. Based on the findings of the study, it was decided to reconstruct the sewer and bid documents were put together and advertised. The results of the bid were approximately double the amount anticipated in original estimates and budgeted for the work. In discussions with the bidders, this was due to the complexity of the work, location and access to the work site, and the recent increase in material costs. Staff is recommending rejecting the bids as a result of these discussions and the overall cost. If rejected, it is proposed to revise the scope of the project to reduce costs and allow part of the sewer to be reconstructed this year. It was intended to use $300,000 in grant funds for this work. The grant funds could be used on the revised project that would be rebid this year, which ensures they are used in the time period allotted. The proposed revised scope would be to reconstruct only the portion of sewer from south of South Street to the north right-of-way line of South Street. This portion of sewer collapsed recently and was temporarily fixed and is in worse condition than the remaining sewer. This shorter section is more suitable for reconstruction as there is better access to it for the contractor during construction. Also, the original bid required a costly relocation of a sanitary main as part of the work. The revised scope and alignment will avoid this conflict. Making this change will reduce costs overall and would allow the worst portion of the sewer to be reconstructed this year. The project was advertised in the Register Mail, in the Illinois Department of Transportation Bulletin to all contractors statewide, and on the City’s website. Eleven (11) bid proposals were sent out and three (3) bids were received. The low bidder was Miller Trucking and Excavating from Silvis, IL in the amount of $1,270,009.40. The bids for this project were not within the estimated amount anticipated for the work and therefore it is recommended to reject all bids. BUDGET IMPACT: There are not sufficient funds budgeted for this work in the 2022 budget. SUPPORTING DOCUMENTS: 1. Vendors contacted 22-3013 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: AJG Page 2 of 2 2. Bid Tabulation 3. Exhibit VENDORS CONTACTED: Brandt Construction, Milan, IL Laverdiere Construction, Macomb, IL Lockwood Excavating, Galesburg, IL Illinois Civil Contractors, Inc., East Peoria, IL Hein Construction Co., Galesburg, IL Valley Construction Co., Rock Island, IL Otto Baum Co., Morton IL Phoenix Corporation, Port Byron, IL Miller’s Trucking & Excavating, Silvis, IL McCarthy Improvement, Davenport, IA Miller & Son Construction Co., Mackinaw, IL County Contractors, Inc., Quincy, IL CITY OF GALESBURGPurchasingOperating Under Council- Manager Government Since 1957South St. Storm Sewer Reconstruction BIDDER NAME:Section: 20-01302-22-SSBIDDER ADDRESS:Bid Date: 2/23/2022CITY/STATE/ZIP:ATTENDED BY: B. CHOCKLEY/W. CARL/A. GAVINUNIT UNIT UNITQTY UNIT ITEMPRICE TOTAL PRICE TOTAL PRICE TOTAL154 CY TRENCH BACKFILL75.00$ 11,550.00$ 135.00$ 20,790.00$ 51.00$ 7,854.00$ 170 SY GEOTECHNICAL FABRIC FOR GROUND STABILIZATION4.00$ 680.00$ 3.00$ 510.00$ 3.00$ 510.00$ 57 SY AGGREGATE BASE COURSE, TYPE B 2"20.00$ 1,140.00$ 8.00$ 456.00$ 25.00$ 1,425.00$ 170 SY AGGREGATE BASE COURSE, TYPE B 6"18.00$ 3,060.00$ 15.00$ 2,550.00$ 12.00$ 2,040.00$ 155 SY PORTLAND CEMENT CONCRETE BASE COURSE 6"110.00$ 17,050.00$ 204.00$ 31,620.00$ 80.00$ 12,400.00$ 5 TON AGGREGATE SURFACE COURSE, TYPE B225.00$ 1,125.00$ 71.00$ 355.00$ 51.00$ 255.00$ 71 LBS POLYMERIZED BITUMINOUS MATERIALS (TACK COAT)15.00$ 1,065.00$ 20.00$ 1,420.00$ 10.00$ 710.00$ 14 TON POLYMERIZED HOT-MIX ASPHALT SURFACE COURSE, MIX "D", N501,000.00$ 14,000.00$ 443.00$ 6,202.00$ 295.00$ 4,130.00$ 57 SY PORTLAND CEMENT CONCRETE DRIVEWAY 6"105.00$ 5,985.00$ 240.00$ 13,680.00$ 78.00$ 4,446.00$ 688 SF PORTLAND CEMENT CONCRETE SIDEWALK 4 INCH12.00$ 8,256.00$ 18.00$ 12,384.00$ 8.00$ 5,504.00$ 191 SF PORTLAND CEMENT CONCRETE SIDEWALK 6 INCH14.00$ 2,674.00$ 27.00$ 5,157.00$ 10.00$ 1,910.00$ 155 SY PAVEMENT REMOVAL25.00$ 3,875.00$ 15.00$ 2,325.00$ 13.50$ 2,092.50$ 57 SY DRIVEWAY PAVEMENT REMOVAL20.00$ 1,140.00$ 15.00$ 855.00$ 14.50$ 826.50$ 107 FOOT COMBINATION CURB AND GUTTER REMOVAL22.00$ 2,354.00$ 8.00$ 856.00$ 9.00$ 963.00$ 32 SF SIDEWALK REMOVAL 16.50$ 528.00$ 9.00$ 288.00$ 10.00$ 320.00$ 599 FOOT STORM SEWERS, CLASS A, TYPE 2 60"395.00$ 236,605.00$ 566.00$ 339,034.00$ 996.00$ 596,604.00$ 205 FOOT STORM SEWERS, CLASS B, TYPE 2 12"205.00$ 42,025.00$ 168.00$ 34,440.00$ 174.00$ 35,670.00$ 18 FOOT STORM SEWER REMOVAL 54" 75.00$ 1,350.00$ 257.00$ 4,626.00$ 430.00$ 7,740.00$ 20 FOOT STORM SEWER REMOVAL 60" 88.00$ 1,760.00$ 330.00$ 6,600.00$ 430.00$ 8,600.00$ 2 EA MANHOLES, TYPE A, 8'-DIAMETER, TYPE 1 FRAME, CLOSED LID19,750.00$ 39,500.00$ 29,410.00$ 58,820.00$ 38,200.00$ 76,400.00$ 3 EA INLETS, TYPE A, TYPE 3 FRAME AND GRATE4,850.00$ 14,550.00$ 3,265.00$ 9,795.00$ 3,600.00$ 10,800.00$ 2 EA INLETS, TYPE B, TYPE 1 CLOSED LID6,900.00$ 13,800.00$ 3,507.00$ 7,014.00$ 3,970.00$ 7,940.00$ 1 EA MANHOLES TO BE ADJUSTED2,000.00$ 2,000.00$ 1,572.00$ 1,572.00$ 550.00$ 550.00$ 1 EA REMOVING MANHOLES1,400.00$ 1,400.00$ 1,446.00$ 1,446.00$ 1,730.00$ 1,730.00$ 3 EA REMOVING INLETS900.00$ 2,700.00$ 723.00$ 2,169.00$ 490.00$ 1,470.00$ 112 FOOT CONCRETE CURB TY B60.00$ 6,720.00$ 172.00$ 19,264.00$ 45.00$ 5,040.00$ 1 LS MOBILIZATION40,000.00$ 40,000.00$ 90,000.00$ 90,000.00$ 9,450.00$ 9,450.00$ 879 SF BRICK SIDEWALK REMOVAL10.00$ 8,790.00$ 10.00$ 8,790.00$ 5.00$ 4,395.00$ 1 LS TRAFFIC CONTROL AND PROTECTION, (SPECIAL)21,500.00$ 21,500.00$ 3,868.00$ 3,868.00$ 2,500.00$ 2,500.00$ 1 LS CONSTRUCTION LAYOUT5,000.00$ 5,000.00$ 10,276.00$ 10,276.00$ 8,500.00$ 8,500.00$ 45 FOOT STORM SEWER, WATER MAIN QUALITY, 12"250.00$ 11,250.00$ 218.00$ 9,810.00$ 230.00$ 10,350.00$ 60 FOOT SANITARY SEWER 24"780.00$ 46,800.00$ 402.00$ 24,120.00$ 525.00$ 31,500.00$ 457 FOOT SANITARY SEWER 36"800.00$ 365,600.00$ 693.00$ 316,701.00$ 795.00$ 363,315.00$ 1098 SF AGGREGATE BASE COURSE, TYPE B 2" (SPECIAL)1.30$ 1,427.40$ 9.00$ 9,882.00$ 5.00$ 5,490.00$ 2100 SY TOPSOIL, EXCAVATE AND PLACE25.00$ 52,500.00$ 13.00$ 27,300.00$ 7.50$ 15,750.00$ 2100 SY LANDSCAPING7.50$ 15,750.00$ 8.00$ 16,800.00$ 6.00$ 12,600.00$ 80 SF REMOVE AND RELAY BRICK SIDEWALK100.00$ 8,000.00$ 32.00$ 2,560.00$ 60.00$ 4,800.00$ 1 LS TREE REMOVAL30,000.00$ 30,000.00$ 37,129.00$ 37,129.00$ 19,000.00$ 19,000.00$ 1 LS REMOVE AND REINSTALL FENCE7,500.00$ 7,500.00$ 11,521.00$ 11,521.00$ 2,900.00$ 2,900.00$ 5 EA SANITARY MANHOLE 6' DIA17,500.00$ 87,500.00$ 22,025.00$ 110,125.00$ 22,700.00$ 113,500.00$ 1 LS SANITARY LATERAL6,500.00$ 6,500.00$ 47,352.00$ 47,352.00$ 3,450.00$ 3,450.00$ 1 LS ABANDON SEWER AND SANITARY45,000.00$ 45,000.00$ 116,450.00$ 116,450.00$ 63,600.00$ 63,600.00$ 2 EA PRECAST CONCRETE BOX MANHOLE40,000.00$ 80,000.00$ 45,000.00$ 90,000.00$ 55,000.00$ 110,000.00$ TOTAL COST 1,270,009.40$ 1,516,912.00$ 1,579,030.00$ ADDENDUM 1Yes Yes YesMiller Trucking and Excavating Laverdiere Construction, Inc. Fischer Excavating, Inc.3303 John Deere Road 4055 West Jackson 1567 Heine RoadBid Bond Bid Bond Bid BondSilvis, IL 61282 Macomb, IL 61455 Freeport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riginal planalignmentRevised planalignmentRemaining sewerto be addressed in2023 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: AJG Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER APRIL 4, 2022 AGENDA ITEM: Engineering Services Agreement with Klingner & Associates, P.C. for the South Street storm sewer project. SUMMARY RECOMMENDATION: The City Manager, Director of Public Works and City Engineer recommend approval of this proposal in the amount of $22,000. BACKGROUND: In 2020, the City entered into an agreement with Klingner & Associates, P.C. to perform an engineering study and develop plans for the rehabilitation of an old brick storm sewer line that runs under South Street between Monmouth Boulevard and Holton Street. A section of sewer had recently collapsed and was temporarily repaired. Subsequent inspections showed additional areas of concern that needed to be addressed. Klingner completed the engineering study and outlined options and probable costs for rehabilitating the sewer. As a result of that study, it was decided to put together bid documents to reconstruct approximately 600 feet of the existing sewer on a new alignment. The project was advertised for bid in February of this year and the results of the bid were almost double the amount anticipated in the original estimates. Following discussions with the bidders and with Klinger & Associates, it is being recommended by staff to reject the bids for the project and revise the scope to lower the project costs within budget. The proposed agreement requires Klingner & Associates to revise the previous bid documents to reduce the scope and cost of the project. The new scope will replace a shorter section of the sewer this year from south of South Street to the north right of way line of South Street. Reducing the project to only this section will address the portions of the sewer most subject to collapse this year. Overall, the revised plan will reduce costs by revising the alignment to give better access to the contractor and avoid a conflict with a sanitary main. It is intended to budget next year to install a cast-in-place liner inside the remaining existing sewer that is not included in the revised scope this year. Compensation for the work in the agreement will be on a time and material basis, not to exceed $22,000. It is anticipated that the revised bid documents will be completed and advertised in June and the bids will be brought to Council for approval at that time. BUDGET IMPACT: There are sufficient funds for this engineering work in the Storm Sewer Fund (018). SUPPORTING DOCUMENTS: 1. Proposal for Engineering Services from Klingner & Associates, P.C. 22-4036 PROPOSAL FOR: City of Galesburg PROJECT: Storm Sewer – New Alignment DATE: March 19, 2022 I. PROJECT DESCRIPTION/UNDERSTANDING The City of Galesburg has requested that Klingner & Associates, P.C. (Klingner) provide a proposal for Civil / Site services, for construction documents for an existing 54” brick storm sewer extending under properties located between Monmouth Boulevard and South Street, with the limits defined on the attached map provided by the City. The brick storm sewer is deteriorating and in need of replacement. II. SCOPE OF SERVICES – PHASE 1 CIVIL/SITE ENGINEERING: • Klingner will use the existing topography data from a previous contract to design a pipe network per the concept storm sewer alignment provided by the City. o A schematic plan will be developed showing the rerouting of this segment of storm sewer. The schematic plan will identify any potential utility conflicts with the potential alignment. An Opinion of Probable Cost will be generated. • One schematic design review meeting with the City is included. III. SCOPE OF SERVICES – PHASE 2 PLANS AND SPECIFICATIONS • Prepare final pipe network alignment for the re-routed storm sewer based on approved schematic design. Determine correlated work required for the new alignment. o One design review meeting with the City is included. o Prepare updated Opinion of Probable Cost. • Provide “civil construction site plans” in AutoCAD format on 22” x 34” sheet size. Plans shall be designed per IDOT guidelines. Plans shall consist of the following design items: o Plan/Profile sheets of proposed storm sewer in new alignment. o Existing storm sewer piping and junctions will be shown on profile, as well as relevant utilities in the vicinity, o Pavement and curb restoration plan sheets at area of storm sewer connections for South Street. o Technical specifications and front-end documents, in IDOT format, referencing IDOT Standard Specifications and related Supplemental Specifications. IV. BIDDING • Provide responses to site plan related questions during bidding. • Prepare addenda as needed. • Conduct Pre-Bid Meeting and provide meeting notes. • Attend bid opening. City of Galesburg Storm Sewer – Revised Alignment March 19, 2022 Page | 2 V. COMPENSATION: Compensation shall be based on a time and material basis, with a Not To Exceed price as shown below. These fees are generated in relation to the scope of services above. FEE BY DISCIPLINE AND PHASE Discipline / Phase Estimated Cost PLANS AND SPECIFICATIONS $20,000 BIDDING $2,000 Not to Exceed Total: $22,000 VI. REIMBURSABLE EXPENSES Reimbursable expenses will be charged according to the attached “Reimbursable Expense Itemization”. We do not anticipate any reimbursable expenses at this time. VII. APPROVAL All work will be performed in accordance with the Klingner & Associates, P.C.’s General Terms and Conditions attached or as mutually modified. The return of a signed copy of this Agreement to Klingner will signify acceptance of this proposal and initiation of our services. ADDITIONAL SERVICES: The following Additional Services are outside the scope of services as defined above and are to be discussed with the client prior to execution. Additional services, if requested by the client, will be billed hourly unless otherwise specified: • Construction Inspection/Administration/Testing. • Onsite construction meetings and observations. March 19, 2022 Mark Lee, P.E. Klingner & Associates, P.C. Date City of Galesburg Date General Terms & Conditions Page 1 of 2 Revised 01/06/2022 GENERAL TERMS AND CONDITIONS DEFINITIONS: The term Client shall be herein interpreted as the person, corporation, or public entity to which this contract is made. The term E/A/S is any division of Klingner & Associates, P.C. providing the professional Engineering, Architectural, or Surveying services. SCOPE OF SERVICES: Services are limited to those specifically listed; they do not include others not set forth or not listed which are expressly excluded from the scope of the E/A/S's services unless separately provided in writing, including but not limited to special inspections and structural tests as defined in Sections 1701 through 1715 of the International Building Code (IBC). The E/A/S assumes no responsibility to perform or provide any services not specifically listed. STANDARD OF PRACTICE: Services performed by the E/A/S under this agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended in this agreement, or in any report, opinion, document or otherwise. FIDUCIARY RESPONSIBILITY: The Client confirms that neither the E/A/S nor any of the E/A/S’s subconsultants or subcontractors has offered any fiduciary service to the Client and no fiduciary responsibility shall be owed to the Client by the E/A/S or and of the E/A/S’s subconsultants or subcontractors as a consequence or the E/A/S’s entering into this Agreement with the Client. CHANGED CONDITIONS: This Agreement is based on conditions actually known by or disclosed to the E/A/S. If other conditions not originally known or disclosed become known or disclosed, the E/A/S may require a renegotiation of appropriate portions of this Agreement (e.g., compensation or scope of service). INFORMATION PROVIDED BY OTHERS: The Client shall furnish and grant permission to use, at the Client's expense, all information, requirements, reports, data, surveys and instructions as defined in the Scope of Services of this Agreement. The E/A/S may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof without independent verifications or investigation. UNAUTHORIZED CHANGES: In the event the Client, the Client's contractors or subcontractors, or anyone for whom the Client is legally liable makes or permits to be made any changes to any reports, plans, specifications or other construction documents prepared by the E/A/S without obtaining the E/A/S's prior written consent, the Client shall assume full responsibility for the results or consequences of such changes. Therefore the Client waives any claim against the E/A/S and releases the E/A/S from any liability arising directly or indirectly from such unapproved changes whether or not known by the E/A/S. CHANGE ORDERS: The Client agrees not to make any claim directly or indirectly against the E/A/S on the basis of professional negligence, breach of contract, or otherwise with respect to the costs of approved Covered Change Orders unless the costs of such approved Covered Change Orders exceed fifteen percent (15%) of Construction Cost, and then only for an amount in excess of such percentage. For purposes of this paragraph, the cost of Covered Change Orders will not include any costs that Client would have incurred if the Covered Change Order work had been included originally without any imprecision, incompleteness, error, omission, ambiguity, or inconsistency in the Contract Documents and without any other error or omission of the E/A/S related thereto. BETTERMENT : If, due to the E/A/S's negligence, a required item or component of the Project is omitted from the E/A/S's construction documents, the E/A/S shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. In no event will the E/A/S be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project. COMPENSATION METHODS: The “Lump Sum” method includes compensation for the E/A/S’s services and services of outside the E/A/S’s, if any. Appropriate amounts will be incorporated in the Lump Sum to account for labor, overhead, profit and may or may not include Reimbursable Expenses. The “Standard Hourly Rate” method is an amount equal to the cumulative hours charged per each classification of employee, times a current Standard Hourly Rate (revised annually on July 1st) for each applicable billing classification for all services performed on a Specific Project, plus Reimbursable Expenses and outside the E/A/S charges, if any. The “Payroll Cost Times Multiplier” method is an amount equal to the cumulative hours charged per each classification of employee, times a specified multiplier of the employee’s payroll cost. The “Payroll Cost” is defined as the salary and wage of an employee plus the cost of customary and statutory benefits including, but not necessarily limited to, social security contributions, unemployment, health, sick leave, vacation, workers' compensation, incentive and holiday pay applicable thereto. "Reimbursable Expenses" means the actual expenses incurred directly or indirectly in connection with the work including but not limited to the following: transportation and subsistence, telephone and media expenses, reproduction or printing, computer time, and outside the E/A/Ss. PAYMENT: The E/A/S may invoice for its services and expenses monthly, based on the proportion of the actual work completed at the time of invoicing. Payment of invoice is due within fifteen (15) calendar days from the date invoiced. If not paid within thirty (30) calendar days, the Client agrees to additionally pay interest at the rate of one percent (1%) per month on the unpaid balance, or the maximum rate of interest permitted by law, whichever is less. If Client chooses to make payment by credit card, a five percent (5%) fee will be added to the invoice amount. In addition, the Client agrees to pay attorney fees, cost and collection expenses if incurred by the E/A/S to obtain payment. If payment request is passed on to a collection agency, the Client agrees to pay the invoice amount and accrued interest, plus the fee of the collection agency. Any claim for payment will be brought in Adams County, Illinois. RISK ALLOCATION: The E/A/S’s liability to the Client for injury or damage to persons or property arising out of work performed for the Client and for which liability may be found to rest upon the E/A/S, other than for professional errors, omissions or negligence will be limited to the E/A/S’s general liability insurance coverage of $1,000,000.00. LIMITATION OF LIABILITY: For any damage on account of professional errors, omissions or negligence will be limited to $100,000.00 or the fee, whichever is less. In no event shall the E/A/S be liable for incidental or consequential damages. This provision is separable from the remainder of this agreement to the extent inconsistent with law. CONSTRUCTION CONTINGENCY: Client recognizes and expects that certain Change Orders may be required to be issued as the result in whole or part of imprecision, incompleteness, errors, omissions, ambiguities, or inconsistencies in the Drawings, Specifications, and other design documentation furnished by the E/A/S or in the other professional services performed or furnished by the E/A/S under this Agreement (“Covered Change Orders”). Accordingly, Client agrees to budget a minimum of five percent (5%) of the total client’s construction contractor’s bid amount(s) for contingencies. DEFECTS IN SERVICE: The Client shall immediately report to the E/A/S any defects or suspected defects in the E/A/S's services of which the Client becomes or should have become aware and allow the E/A/S to take measures to minimize the consequences of such a defect. Failure by the Client to notify the E/A/S shall relieve the E/A/S of the costs of remedying the defects claimed above the sum such remedy would have cost had prompt notification been given when such defects were or should have been first discovered. General Terms & Conditions Page 2 of 2 Revised 01/06/2022 ILLINOIS REVISED STATUTES COMPLIANCE: The Consultant and he/she and his/her principals have not been barred from signing this Agreement as a result of a violation of Sections 33E-3 and 33E-4 of the Criminal Code of 1961 (Chapter 38 of the Illinois Revised Statutes). TIME OF COMPLETION: The E/A/S will use its best efforts to complete the work by the date indicated in the schedule, but the E/A/S shall incur no liability due to any delay for any reason and the Client’s obligation to pay fees and expenses shall not be affected by any delay. In addition, if any delay increases the cost or time required by the E/A/S to perform its services in an orderly, professional and efficient manner, the E/A/S shall be entitled to a reasonable and equitable adjustment in schedule and/or compensation. OWNERSHIP OF DRAWINGS AND ELECTRONIC INFORMATION: Drawings, tracings, plats, specifications, CADD files, electronic information, and other products produced by the E/A/S may be used in connection with the Client’s presently proposed project, but shall otherwise be the E/A/S’s property and their use for any other project is not authorized. The Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify the E/A/S from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney’s fees, arising out of or in any way connected with modification, translation, misinterpretation, misuse, or reuse by the Client or others of the machine readable information and data or other electronic data which may be provided by the E/A/S under this Agreement. Contract Documents include both the sealed drawings and the electronic files. If there is a conflict between the two, the sealed drawings will govern. ACCEPTANCE PERIOD: CADD files shall have an acceptance period of 90 days. During this time, the Client can examine the electronic files and verify their correctness. The E/A/S will remedy any errors discovered in the files during this period. Once the acceptance period ends, the Client has accepted the files and takes responsibility for their ongoing maintenance. OPINIONS OF PROBABLE COST: In providing opinions of probable cost, the Client understands that the E/A/S has no control over contractor’s costs or the price of contractor’s labor, equipment or materials, or over the Contractor’s method of pricing, and that the opinions of probable cost provided herein are to be made on the basis of the E/A/S’s qualifications and experience. The E/A/S makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. HAZARDOUS ENVIRONMENTAL CONDITIONS: Unless expressly stated in writing, the E/A/S does not provide assessments of the existence or presence of any hazardous or other environmental conditions or environmental contaminants or materials (“Hazardous Environmental Conditions”). Client shall inform the E/A/S of any and all known Hazardous Environmental Conditions before services are provided involving or affecting them. If unknown Hazardous Environmental Conditions are encountered, the E/A/S will notify the Client and, as appropriate, government officials of them. The E/A/S may without liability or reduction or delay of compensation due suspend services on the affected portion of the project until Client takes appropriate action to abate, remediate, or remove the Hazardous Environmental Condition. The E/A/S shall not be considered an “arranger”, “operator”, “generator”, “transporter,” “owner,” or “responsible party” of or with respect to contaminants, materials, or substances: assumes no liability for correction of any Hazardous Environmental Condition; and shall be entitled to payment or reimbursement of expenses, costs, or damages occasioned by undisclosed Hazardous Environmental Conditions. CONSTRUCTION SERVICES: Should the Client provide construction observation or review with either the Client’s representatives or a third party, the E/A/S’s services under this Agreement will be considered to be completed upon completion and submittal of the Final Design or the services outlined in the Scope of Work. It is understood and agreed that if the E/A/S’s Services under this Agreement do not include project observation, or review of the Contractor’s performance, or other construction services, and that such services will be provided by the Client, then the Client assumes all responsibility for interpretation of the Contract Documents and for construction observation or review and waives any claims against the E/A/S that may be in any way connected thereto. AUTHORITY AND RESPONSIBILITY: The E/A/S (1) does not guarantee the actual bids the Client will receive or the work of any Contractor or Subcontractor, (2) has no authority to stop work by any Contractor or Subcontractor, (3) has no supervision or control as to the work or persons doing the work, (4) does not have charge of the work, (5) is not responsible for safety in, on, or about the job site, and (6) does not have any control of the safety or adequacy of any equipment, building component, scaffolding, supports, forms or other work aids. The E/A/S neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor’s failure to finish and perform its work in accordance with the Contract Documents. TERMINATION: This agreement may be terminated by either party on written notice. If terminated by either party (with or without cause), the Client agrees to pay for all services and reimburse all expenses performed or incurred to and including the date written notice of termination is received by either party. DISPUTE RESOLUTION: Any claims or disputes made during design, construction or post-construction between the Client and the E/A/S shall be submitted to non-binding mediation. The Client and the E/A/S agree to include a similar mediation agreement with all Contractors, Subcontractors, Sub consultants, Suppliers and Fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. BINDING EFFECT: This is the entire agreement. It may not be amended except in writing. It shall be binding on both the Client and the E/A/S and their legal representatives, executors, administrators, successors and assigns. INDEMNIFICATION: The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the E/A/S, his or her officers, directors, employees, agents and sub consultants from and against said damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising out of or in any way connected with the E/A/S’s providing emergency services under this Agreement, excepting only those damages, liabilities or costs arising directly from the sole negligence or willful misconduct of the E/A/S. FAST TRACK/DESIGN-BUILD AND CONSTRUCTION: In consideration of the benefits to the Client of employing the “fast track” process (in which some of the E/A/S’s design services overlap the construction work and/or are out of sequence with the traditional project performance or delivery method), and in recognition of the inherent risks of fast tracking to the E/A/S which Client accepts, the Client waives all claims against the E/A/S for design changes and modification of portions of the services already constructed due to the Client's decision to employ the fast track process. The Client further agrees to compensate the E/A/S for all Additional Services required to modify, correct, or adjust the Construction Documents and coordinate them in order to meet the Client's Project requirements because of the Client's knowing decision to construct the Project in a fast track manner. RIGHT OF ENTRY: Client shall provide for E/A/S’s right to enter property owned by Client and/or others in order for E/A/S to fulfill the scope of service for this Project. Client understands that use of exploration equipment may unavoidably cause damage, the correction of which is not the responsibility of E/A/S. BURIED UTILITIES: Client shall be responsible for designating the location of all utility lines and subterranean structures within the property lines of the Project. Client agrees to waive any claim against the E/A/S and to defend, indemnify and hold harmless for any claim or liability for injury or loss arising from the E/A/S or other persons encountering utilities or other manmade objects that were not called to the E/A/S’s attention or which were not properly located on the plans furnished to the E/A/S. Client further agrees to compensate the E/A/S for any time or expenses incurred by the E/A/S in defense of any such claim, in accordance with the E/A/S’s standard hourly per diem fee schedule and expense reimbursement policy. Reimb Exp effective 01-01-22 Per diem REIMBURSABLE EXPENSE ITEMIZATION EFFECTIVE JANUARY 1, 2022 THROUGH JUNE 30, 2022 PRINTING REPORTS, MANUALS, SPECIFICATIONS COPIES B & W Color 8 ½" x 11", including Collating & Binding ................................................................. $ 0.17 Each $ 0.50 Each 8 ½" x 14", including Collating & Binding ................................................................. $ 0.21 Each $ 0.75 Each 11" x 17", including Collating & Binding................................................................... $ 0.28 Each $ 1.15 Each PLAN SHEETS (Based On Square Footage Of Media Used) B & W Color Bond ....................................................................................................................... $ 0.55/sq ft 2.00/sq ft Vellum .................................................................................................................... $ 0.65/sq ft 2.40/sq ft Mylar ...................................................................................................................... $ 0.80/sq ft 3.00/sq ft COMPUTER PLOTTING Labor cost plus media ($40.00 minimum charge for non-project related plotting) GENERAL ITEMS Mileage (may adjust due to fuel fluctuations) ................................................................................................ $ 0.585 per Mile Reproduction (i.e. Prints, Copies, Plans, etc) ................................................................................................ At Cost + 15% Computer Aided Design/Drafting .................................................................................................................. $ 15.00 per Hour Long Distance & Cell Calls, Subsistence & Lodging ...................................................................................... At Cost Non-reusable Supplies ................................................................................................................................. At Cost + 15% Boat .............................................................................................................................................................. $ 220.00/Day ATV .............................................................................................................................................................. $ 73.00/Day ATV-Truck .................................................................................................................................................... $ 108.00/Day Digital CD Copies ......................................................................................................................................... $ 6.00 Ea + Labor SURVEY ITEMS Three Dimensional Scanning ...................................................................................................................................... $200.00/Hour Global Positioning & Robotic Survey Instrument ......................................................................................................... $29.00/Hour Drone (Imagery) ......................................................................................................................................................... $50.00/Hour Drone (Survey) ........................................................................................................................................................... $125.00/Hour Drone (Survey Software) ............................................................................................................................................ $225.00/Day Wood Lath .................................................................................................................................................................. $ 1.45 Each 2" x 2" or 1” x 2” Wood Hub ........................................................................................................................................ $ 1.45 Each Wood Paddle Stake .................................................................................................................................................... $ 1.70 Each Concrete Monument ................................................................................................................................................... $62.00 Each Wire Flag Marker ........................................................................................................................................................ $ 0.20 Each Iron Pipe Marker ......................................................................................................................................................... $13.50 Each Rebar Pin Marker ....................................................................................................................................................... $ 3.00 Each Fence Post ................................................................................................................................................................. $ 9.50 Each GPS Monuments ...................................................................................................................................................... At Cost Recorder, Filing Fees ................................................................................................................................................. At Cost ENVIRONMENTAL ITEMS Peristaltic Pump .......................................................................................................................................................... $85.00/Day Bailer .......................................................................................................................................................................... $10.00 Each PID Meter ................................................................................................................................................................... $90.00/Day pH Meter..................................................................................................................................................................... $11.00/Day Geoprobe .................................................................................................................................................................. $90.00/Hour Bentonite .................................................................................................................................................................... $18.00/Bag Sand ........................................................................................................................................................................... $11.00/Bag TESTING SERVICES Concrete Slump and Air Tests (ASTM C143 and ASTM C231) ............................................................................. At Labor Concrete Cylinder Molds............................................................................................................................................. $4.00 Each Concrete Cylinder Tests (ASTM C39, ASTM C617, and ASTM C31) ........................................................... $25.00/Test + Labor Concrete Cylinder Tests (ASTM C39, ASTM C617, and ASTM C31) ............. Cured but not tested ............. $16.00 Each + Labor Moisture vs Density (Standard ASTM D698) ............................................................................................................... $210.00 Each Atterberg Limits: (Plastic Limit, Liquid Limit & Plasticity Index - ASTM D4318) ........................................................... $89.00 Each Nuclear Density Tests in-Place (ASTM D2922, ASTM D2950, and ASTM D3017) ..................................... $21.00 Each + Labor ADDITIONAL SERVICES Specialty Consultants ................................................................................................................................................. Cost + 15% Laboratory Analysis .................................................................................................................................................... Cost + 15% Aerial Photography ..................................................................................................................................................... Cost + 15% Custom Reproductions ............................................................................................................................................... Cost + 15% ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 1 of 2 COUNCIL LETTER CITY OF GALESBURG APRIL 4, 2022 AGENDA ITEM: Additional Maintenance Worker for the Water Division to mark out the location of water infrastructure ahead of the i3 Broadband Project SUMMARY RECOMMENDATION: The City Manager, Director of Public Works, and Water Superintendent recommend approval of the request to add a maintenance worker position in the meter shop at the Water Division. BACKGROUND: i3 Broadband has agreed to provide service throughout the entire city over the next two to three years. In order to do this, they need to install fiber optic lines throughout the entire city. This will require the Water Division to locate the existing water infrastructure on all the streets they plan to install fiber on. Last fall, it was difficult to stay ahead of the contractor’s crews who were installing fiber and this year the Contractor intends on installing the fiber at a higher rate than he did last year. The Contractor estimates it will take two to three years to install all the fiber needed for their project. Currently, the Water Division utilizes personnel from the meter shop to do all the locating for projects. There are five personnel in the meter shop. One of those five personnel is dedicated to the lead service line replacement project until likely August 2023. The other four personnel are doing utility locates, meter reading, water turn-ons and shut- offs, meter replacements, and customer services. The Water Superintendent, the Water Operations Supervisor, and the meter shop personnel agree that with their current manpower, they will not be able to stay up with the locating requests required for the i3 Broadband project. The staff have looked at two options; contracting out the work or hiring an additional maintenance worker to do the work in-house. Based on a proposal received from a contract firm, it is estimated that the cost will be approximately $100,000 per year for them to do the locates. A drawback to this option is that the city has a great deal of water main that does not have tracer wire and is difficult to locate. Also, if the contract firm cannot complete the locate, city staff will have to do the locate but the city will still be charged. In checking references for the contract firm, there is a high turnover in staffing which requires retraining, additional costs, and more city staff time. Also, the company takes minimal responsibility for mismarked facilities by having a $1,500 cap of damage due to a mismarked utility. Depending on the damage caused by a hit utility it may cost the city much more to make a repair than the $1,500 cap. The other option of hiring an additional maintenance worker in-house would have a lower cost, estimated to be between $61,450 and $72,230 annually depending on which health insurance plan they are on. This figure includes all benefits. In the two to three year time period, it is likely that the Water Division will have a retirement that the additional maintenance worker could be absorbed into. If not, the maintenance worker could be used to replace the residential water meters that need to be replaced and would save having to contract this work out. The city would need to purchase one additional set of locating equipment estimated to cost $6,000 the first year, but there is an existing vehicle they could use. 22-4037 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 2 of 2 After reviewing the contract option and comparing to hiring a maintenance worker for the Water Division, it is recommended to hire an additional maintenance worker in the meter shop to do the additional locating required. Hiring an in-house maintenance worker will make sure that the facilities are marked correctly, minimize damage to water infrastructure, and would be a lower cost. BUDGET IMPACT: A budget adjustment would be required to add the maintenance worker position in an amount between $61,450 and $72,230 annually depending on health insurance selected. This cost includes all benefits. For the 2022 budget, the maintenance worker would be hired in April so there would only be 75% of the amount listed above in 2022. In addition, a $6,000 cost for the purchase of locating equipment will be necessary. Water Division has sufficient funds for these additional expenses in Fund 61. ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: BAN Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER APRIL 4, 2022 AGENDA ITEM: Agreement with ETC Institute to Provide Data Analytics Services SUMMARY RECOMMENDATION: The City Manager and City Attorney / Administrative Services Director recommend approval of the proposal from ETC Institute to provide data analytics services BACKGROUND: On February 21, 2022, the City Council adopted the new strategic plan. Several plan goals require that staff regularly measure citizen attitudes regarding safety and customer service. This is typically done using community surveys. A group of staff reviewed proposals and presentations from the two most widely used firms for these surveys. Both have worked nationally and throughout Illinois. Ultimately, staff preferred the administration methodology and data dashboard provided by ETC. The agreement provides that ETC will assist us in designing, administering, and analyzing the data. The final step includes an in-person presentation of the data to the City Council at a work session by representatives from ETC. The cost is $20,800, and the process is estimated to take between 90-120 days. In developing the survey questions, most questions will be standardized and used by ETC in other communities. This allows us to benchmark ourselves against these communities to understand the data better. Some custom questions will be developed with ETC to gain data for measuring progress on strategic planning goals or other important topics in Galesburg. ETC will solicit responses and guarantee at least 400 verified survey results. Additionally, they will monitor the distribution of responses to confirm that they reasonably reflect the City's demographic composition with regards to age, geographic dispersion, gender, ethnicity, and other factors. BUDGET IMPACT: Sufficient funds are available in the 2022 budget. SUPPORTING DOCUMENTS: 1. ETC Proposal 22-4038 March 23, 2022 Mr. Bradley Nolden, City Attorney and Administrative Services Director City of Galesburg 55 W Tomkins Street Galesburg, IL 61401 Office: 309-345-3680 Subject: Proposal to provide data analytics services for the City of Galesburg Dear Mr. Nolden: ETC Institute is pleased to provide a proposal to conduct a community survey and to provided data analytic services for the City of Galesburg. This proposal is divided into two sections. Section 1: Scope of Services – Community Survey: Task 1: Design the Survey and Prepare the Sampling Plan. Task 1 will include the following services: Participating in meetings by phone to develop the survey. Conducting a pilot test of the survey to ensure the questions are understood by residents. Based on the results of the pilot test, ETC will recommend changes (if needed) to the survey. Selecting a random sample of residents to be contacted for the survey. The sample will be address-based and will include residents with traditional land-lines and those that only have cell phones. • Deliverable Task 1. ETC Institute will provide a copy of approved survey instrument. Task 2: Administer the Survey. Task 2 will include the following services: • ETC Institute will administer the survey by a combination of mail, Internet and phone. involves the administration of a 15-minute survey, which would be about 5-6 pages in length. • ETC Institute will mail the survey and a cover letter (on City letterhead) to a random sample of households in the City. Residents who receive the survey will have the option of returning the printed survey by phone or completing it on-line. Households that do not respond within 10 days will be contacted by phone or text message and asked to complete the survey. ETC Institute may also send e-mails to some households for which e-mail addresses are available. These emails will contain a link to the on-line version of the survey. ETC Institute will conduct phone calls, and send text messages and e-mails until a minimum of 400 surveys are completed. The result for a random sample of 400 completed surveys will provide results that have a precision of at least +/- 5% at the 95% level of confidence. ETC Institute will monitor the distribution of the sample to ensure that the sample reasonably reflects the demographic composition of the City with regard to age, geographic dispersion, gender, ethnicity and other factors. Deliverable Task 2. ETC Institute will provide a copy of the overall results for each question on the survey. Task 3: Analysis and Final Report. ETC Institute will submit a final report to the City. At a minimum, this report will include the following items: Formal report that includes an executive summary of survey methodology, a description of major findings, and charts that show the overall results of each survey A copy of the survey instruments Benchmarking analysis that shows how the results for the City compare to national and regional norms Importance-Satisfaction/Quadrant Analysis that will identify the areas where the greatest opportunities exist to enhance overall satisfaction with City services. • GIS maps that show geocoded survey results for selected questions on the survey. • Crosstabulations that show the results for different segments of the City's population (by age, income, race, gender, years of residency, etc.). Deliverable Task 3: ETC will submit the draft final report and the final report in an electronic format. ETC will also make a presentation in-person to City officials. Project Schedule Community surveys will be conducted for the City of Galesburg in 2022. The schedule below is based on ETC Institute’s typical timeframe for administering a community survey. Project Schedule A preliminary schedule is provided below. We can adjust the schedule to meet your needs. Month 1 Design Survey Instrument Month 2-3 Administer Survey Month 4 Prepare and Deliver the Final Report Section 2: Interactive Data Dashboard ETC Institute will design an interactive data dashboard for the City of Galesburg following the completion of the community survey. The dashboard will allow the City to query the full set of survey results in real time anywhere with access to the Internet. Our interactive data dashboards give our clients the ability to explore the data and drill-down into the results on-demand. The dashboard can include the following features: • Trend Analysis showing the results for previous community surveys that ETC Institute has administered for the City. • GIS Mapping showing the survey results mapped out geographically. The maps will geographically display results for the current year and previous years so the City can see trends for specific areas in the City. • Benchmarking Analysis showing how the City of Galesburg compares to other communities. The dashboard will allow the City to compare their results to other communities regionally, nationally, and based on population of other communities. One of our project managers can discuss the benchmarking options available and help determine which benchmarking option is best for your organization’s size, location, and structure. • Priority Analysis showing the top priorities for the City based on ETC Institute’s Importance-Satisfaction Analysis. Priorities can be displayed for various demographic and geographic areas using the interactive features of the data dashboard. • Cross-Tabular Data Analysis which gives the user the ability to cross tabulate specific questions on the survey showing how different groups of respondents responded to various questions on the survey. Images of an example dashboard are provided on the following pages. ETC Institute can provide a demo of the dashboard if desired by the City. Costs and Invoicing Schedule The services described in sections 1-3 above will be provided to the City of Galesburg for a total cost of $20,800. It will be invoiced by ETC Institute at the amount of $10,400 within 30 days of the execution of this agreement, and $10,400 upon completion of the report and presentation to the City. Closing We appreciate your consideration of our proposal and look forward to your decision. Sincerely, Robert Heacock Senior Project Manager, ETC Institute City of Galesburg Approval: ____________________________ (Authorized Signature) _______________ (Date) ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: SG Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG APRIL 4, 2022 AGENDA ITEM: Consider donation of a residence at 939 S Academy St. SUMMARY RECOMMENDATION: The City Manager and Director of Community Development recommend the City Council approve the donation offer for the residence and $15,000 seller concession from the donor for a property at 939 S Academy St. BACKGROUND: The Community Development Department was contacted by a representative from Wells Fargo Bank regarding the residence at 939 S Academy St. The representative indicated the bank foreclosed on the property and offered to donate the property to the City. City staff went to the property and determined the structures are in a dangerous and unsafe condition. In addition to the donation, the bank has agreed to provide a $15,000 seller concession to cover the expense of demolition. The property is located at the south east corner of Louisville Rd and South Academy St, just south of West Third St. It is approximately .64 acres and currently zoned Single Family (R1B). If Council agrees with accepting the donation and seller concession, the attached approval letter will need to be signed and returned to Wells Fargo to initiate document creation for the donation. BUDGET IMPACT: The bank would donate the property and funds to demolish the structure to the City, so there is no impact on the budget. SUPPORTING DOCUMENTS: 1.Aerial general location map 2.Pictures of 939 S Academy St 3. Approval letter 22-4039 Lo u isv ille Rd SAcademyStLouis vil leRd W3rdSt SWestStW3rdSt 666666666666666677 51198 198198 198 185.63 6666198 198 142173.25 6666 6 5 6 7 5 8 10 1 3 12 11 9 4 2 4 156.5 59.51 132.29R2649999182.56468132BNRR 106 105 65.81R 65.98R 132.25R132S ACADEMY STW THIRD ST LOUIS VI L L E R D S WEST ST9915334001 9915377003 400 W THIRD ST 9915378004 9915378005 9915378006 345 W FOURTH ST 9915378007 990 S ACADEMY ST 9915379003 981 S ACADEMY ST 9915379004 9915379005 259 W FOURTH ST 9915379010 958 S WEST ST 9915379011 980 S WEST ST 9915379012 9915379013 946 S WEST ST 9915379014 914 S WEST ST 9915502018 Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community March 28, 2022 / Cadastral City of Galesburg 40 0 40 80 12020 Feet 939 S Academy St Community Development Department Operating Under Council-Manager Government Since 1957 Donation of property 939 S Academy St Community Development Department City Hall 55 W. Tompkins Street Galesburg, IL 61401 309-345-3619 www.ci.galesburg.il.us Page 1 of 1 April 5, 2022 Brianna Snook REO Asset Recovery Manager Property Management – REO Wells Fargo Home Mortgage One Home Campus Des Moines, IA 50328 Dear Ms. Snook: The City of Galesburg is authorized to participate in the Wells Fargo REO Property Donations: Community & Urban Stablization Program (CUSP). On April 4, 2022 City Council approved accepting the donation of the property located at 939 S Chambers St, Galesburg IL 61401, along with a $15,000 seller concession upon closing to assist with the demolition of the property. The below individuals are authorized to sign legal documents pertaining to properties donated to the City: Peter Schwartzman Larry Cox Stephen Gugliotta Mayor Deputy Mayor Director of Community Development City of Galesburg City of Galesburg City of Galesburg If you have any questions or need additional information, please contact me at (309) 345-3637. Sincerely, Peter Schwartzman Mayor cc: File Copy _____________________________________________________________________________________ Prepared by EH Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG APRIL 4, 2022 AGENDA ITEM: Consider appeal of Overall Code Review Commissions decision to deny a variance of Section 403.1.4.1 Frost Protection of the International Residential Code, and City of Galesburg Ordinance 150.017 regarding square footage allowed for a floating slab, located at 1548 Florence Ave. SUMMARY RECOMMENDATION: The Overall Code Review Commission reviewed the variance request during their Thursday, March 10, 2022, meeting. The applicant’s request was to leave the structure as is without putting the frost footings underneath the slabs. On a vote of Seven ayes (Members Feely, Swanson, Sugden, Groom, Benbow, Shultz, and Basham), zero nays and zero abstentions the Commission denied the variance request. BACKGROUND: The 2012 International Residential Code (IRC) Section 403.1.4.1 allows freestanding accessory structures to have foundations without frost protection up to 600 square feet. City ordinance Section 150.017 amends the IRC to allow a floating slab for detached accessory buildings up to 1,000 square feet as long as the concrete is placed as a continuous pour, the perimeter has an 8 inch deep by 8 inch wide concrete lug and any new slab is connected to an existing slab with ½ inch reinforcement bars placed 18 inches on center and run 6 inches into the existing and 18 inches into the new area to be poured. The existing detached garage was constructed in 1989 and is 960 square feet on a floating slab. The current homeowner constructed an addition to the rear of the existing garage that is 384 square feet on a concrete slab on ground, which makes the overall total of the structure 1,344 square feet. Since the structure is over 1,000 square feet, it would require the entire structure to have a frost protected foundation around the perimeter at least 36 inches deep. The property owner requested a variance to allow the 1,344 square foot structure to remain as constructed. The owner was present at the Overall Code Review meeting and informed the committee there was no intentional wrongdoing, they were just unaware of the construction permitting and building code requirements. The owner also informed the committee that they did not have the financial means to add frost footings under the entire structure. The Overall Code Review members discussed the City ordinance already amended the Residential Code to increase the size of an accessory structure without frost protection from 600 to 1,000 square feet and the structure is now 34.4% larger than the allowed. There was concern the separate slabs would move independent of each other which would cause long term damage to the structure. BUDGET IMPACT: There would be no impact upon the budget. SUPPORTING DOCUMENTS: 1.Notice from property owner requesting appeal. 2.Overall Code Review Application form. 3.Draft minutes of the March 10, 2022, Overall Code Review Commission meeting. 22-4040 MINUTES OVERALL CODE REVIEW COMMISSION MEETING ERICKSON CONFRENCE ROOM Tuesday, March 10, 2022 at 5:33 p.m. MEMBERS PRESENT: Brian Benbow, Cody Basham, Jay Feely, Mike Groom, Jeremy Schultz, Dale Sugden, Ken Swanson, 7 MEMBERS ABSENT: Rob Benedict,1 OTHERS PRESENT: Rory Speidel (Building Inspector), Eric Heiden (Code compliance Supervisor). Chairman Benbow took Roll Call, Declared quorum present. Approve Minutes of the February 15, 2022 meeting Member Swanson moved to approve the minutes, seconded by Member Sugden. Minutes were approved by voice vote. OC-22-0301 Public Hearing Variance request of Section 403.1.4.1 of the IRC, and City of Galesburg Ordinance 150.017 Sq footage allowed to be constructed on a floating slab. Stacey Stambaugh was present on her own behalf.. The property is located at 1548 Florence. The owners requested a variance to 1,000 sq ft maximum for a floating slab. A covered structure was added to the back of the garage, bringing the total sq footage of both structures to 1,344 sq ft. Ms. Stambaugh stated that they were unaware of permit requirements or construction codes when the addition was built. They do not have the financial means to place footings under the structure. Discussion was had among the members as to whether pinning the two slabs together could be a solution. It was agreed that the combined square footage would be too great. Separating the structures was also discussed and further conversations with the City would be needed. After Discussion among the members. A motion was made by Member Swanson and seconded by Member Feely to deny the variance. Roll Call #1 Aye: Feely, Benbow, Groom, Swanson, Schultz, Basham, Sugden Nays: None. Abstentions: None. Chairman Benbow declared the motion approved. There being no further business Member Shultz made a motion to adjourn, seconded my Member Basham. The meeting was adjourned at 6:13 pm Eric Heiden Acting Executive Secretary TOWN OF THE CITY OF GALESBURG Date:April 4, 2022 Agenda Number:22-9008 TOWN FUND $5,138.31 GENERAL ASSISTANCE FUND $5,156.17 IMRF FUND SOCIAL SECURITY/MEDICARE FUND LIABILITY FUND AUDIT FUND TOTAL $10,294.48