AGENDA REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF FORSYTH, ILLINOIS

MONDAY, FEBRUARY 3, 2020 PAGE 1 OF 1

AGENDA REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF FORSYTH, ILLINOIS

6:30 P.M. MONDAY, FEBRUARY 3, 2020

VILLAGE HALL, 301 SOUTH ROUTE 51, FORSYTH, ILLINOIS

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

CONSENT AGENDA: Items listed under the Consent Agenda are considered to be routine in nature and will be acted upon by one motion and one vote. If separate action on any particular item is desired, the item will be removed from the Consent Agenda and will be considered separately.

1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF JANUARY 20, 20202. APPROVAL OF WARRANTS

PUBLIC COMMENT: At this time, the public has the opportunity to express views or make comments to the Mayor and Board of Trustees on agenda items or any other Village issue. Comments must be limited to not more than three (3) minutes.

ADMINISTRATION REPORTS 1. LAW ENFORCEMENT REPORT2. VILLAGE STAFF REPORTS

OLD BUSINESS

NEW BUSINESS 1. APPROVAL OF CONCRETE SIDEWALK REPLACEMENT PROJECT (PUBLIC WORKS DIRECTOR

FOWLER)2. APPROVAL OF AGREEMENT FOR PROFESSIONAL SERVICES FOR 2020 STREET

MAINTENANCE PROJECT (VILLAGE ENGINEER FOSTER)3. DISCUSSION AND POTENTIAL ACTION REGARDING PARK AND RECREATION GRANT

OPPORTUNITIES (VILLAGE ENGINEER FOSTER, STEPHANIE BROWN)

CLOSED SESSION: Potential topics include, but are not limited to:

5 ILCS 120/2(c)(1): The appointment, employment, compensation, discipline, performance, or dismissal of specific employees, specific individuals who serve as independent contractors in a park, recreational, or educational setting, or specific volunteers of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee, a specific individual who serves as an independent contractor in a park, recreational, or educational setting, or a volunteer of the public body or against legal counsel for the public body to determine its validity. 5 ILCS 120/2(c)(11): Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. 5 ILCS 120/2(c)(21): Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06.

CONSIDERATION OF MATTERS ARISING FROM CLOSED SESSION

ADJOURNMENT

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CONSENT AGENDA

ITEM 1

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MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF FORSYTH, ILLINOIS,

HELD AT 6:30 P.M. ON MONDAY, January 20, 2020, AT FORSYTH VILLAGE HALL

CALL TO ORDER

Mayor Marilyn Johnson called the meeting to order at 6:30 P.M.

PLEDGE OF ALLEGIANCE

ROLL CALL

Upon call of the roll, the following members were physically present: Mayor Marilyn Johnson, Trustee Kerry Denison, Trustee Jeff London, Trustee Jim Peck, Trustee Jeremy Shaw and Trustee Dave Wendt

Absent: Trustee Bob Gruenewald

Staff Present:

Village Administrator David Strohl, Village Attorney Greg Moredock, Community and Economic Development Coordinator Nik Duffle, Village Engineer Matt Foster, Library Director Rachel Miller, Public Works Director Darin Fowler and Village Treasurer Rhonda Stewart

Others Present:

Nick Suess, Andrew Weatherford and John Moody

CONSENT AGENDA

Consideration of items listed on the Consent Agenda under the omnibus vote designation:

1. Approval Of Minutes Of The Regular Meeting Of January 6, 20192. Approval Of Warrants3. Approval Of Treasurer’s Report For The Month Of December, 2019

Motion: Trustee Wendt made the Motion to approve the Consent Agenda as presented and Trustee Denison seconded.

Upon a call of the roll, the vote was as follows:

Yeas: 5 – Denison, London, Peck, Shaw, Wendt

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Village of Forsyth Board Meeting Minutes January 20, 2019

Nays: 0 – None Absent: 1 - Gruenewald Motion declared carried.

PUBLIC COMMENT

Mayor Johnson stated that, at this time, the public can express views or make comments to the Mayor and Board of Trustees on agenda items or any other Village issue. Mayor Johnson asked that comments be limited to not more than three (3) minutes and opened the meeting for the public to address the Board.

Andrew Weatherford stated he is an attorney who lives on Lauren Lane and wanted to comment on the light poles. He said that the poles in his neighborhood are 17’ and that it seems dim.

ADMINISTRATION REPORTS

1. Law Enforcement Report

No Law Enforcement Officer Present.

2. Village Staff Reports

Trustee Peck wanted to publicly thank Community and Economic Development Coordinator Duffle for his service with the Village and to wish him well in Bloomington. Mayor Johnson said they would all miss him.

OLD BUSINESS

None

NEW BUSINESS

1. Discussion And Potential Action Regarding Farm Operations (Nick Suess)

Mr. Suess from Busey bank went over the 2018 crop that was sold in 2019 for $106, 406.10. Expenses were $62,322.00. He said the 2018 crop was the last of the full area with the development of Prairie Winds. He went on to discuss the 2019 yields. Trustee Wendt asked about crop rotation and Mr. Suess stated they rotate every year, which is typical.

2. Approval Of Purchase Of Bleachers (Public Works Director Fowler)

Public Works Director Fowler explained the need for higher bleachers due to the backstop. He said if you sit on the lower row it is hard to see over the backstop. He stated he had gotten bids for the new bleachers and recommends VSN for approval. The current bleachers could be used on another diamond. Trustee Peck asked if they would need to pour more concrete and Public

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Village of Forsyth Board Meeting Minutes January 20, 2019

Works Director Fowler said No.

Motion: Trustee Peck made the Motion to approve the Purchase of Bleachers from the low bid of VSN as presented and Trustee Wendt seconded.

Upon a call of the roll, the vote was as follows:

Yeas: 5 – Denison, London, Peck, Shaw, Wendt Nays: 0 – None Absent: 1 - Gruenewald Motion declared carried.

3. Ordinance Number 2020-2, An Ordinance Approving The Addition Of Territory To TheDecatur Macon County Enterprise Zone And Approving The Amendment Of The EnactingOrdinance And Intergovernmental Agreement (Village Administrator Strohl)

Village Administrator Strohl stated that last fall the Decatur Orthopedic Center had applied to add their property to the Enterprise Zone and that application was put on hold while we were in discussions for them to locate here. He said they recently decided to expand at their current location in Mt. Zion. As a result, they are moving forward with their current application. The Enterprise Zone was set up by public bodies in the area and requires approval by each of those and he said he recommends passage and approval as presented. Trustee Peck stated they still have ongoing discussions with them for a possible fit in the future to lease some space in the Community Center. He said it would behoove us to approve this so if we ever need to have this done for us in the future they could not say that we did not approve this. Trustee Wendt said that as part of the bigger picture they are at least staying in Macon County.

Motion: Trustee Peck made the Motion to approve the Ordinance Approving The Addition Of Territory To The Decatur Macon County Enterprise Zone and Approving The Amendment Of The Enacting Ordinance And Intergovernmental Agreement as presented and Trustee Wendt seconded.

Upon a call of the roll, the vote was as follows:

Yeas: 5 – Denison, London, Peck, Shaw, Wendt Nays: 0 – None Absent: 1 - Gruenewald Motion declared carried.

CLOSED SESSION

Motion: Trustee Wendt made the Motion to go into Closed Session with potential action to be taken after the Closed Session and Trustee Denison seconded.

Upon a call of the roll, the vote was as follows:

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Village of Forsyth Board Meeting Minutes January 20, 2019

Yeas: 5 – Denison, London, Peck, Shaw, Wendt Nays: 0 – None Absent: 1 - Gruenewald Motion declared carried.

Mayor Johnson reconvened the meeting at 7:57 P.M.

Village Administrator Strohl asked for a Motion to approve the Memorandum of Understanding as presented.

Motion: Trustee Peck made the Motion to Approve the Memorandum of Understanding as presented and Trustee Denison seconded.

Upon a call of the roll, the vote was as follows:

Yeas: 5 – Denison, London, Peck, Shaw, Wendt Nays: 0 – None Absent: 1 - Gruenewald Motion declared carried.

ADJOURNMENT

Motion: Trustee Wendt made the Motion to adjourn, and Trustee Shaw seconded. Motion was approved by voice vote.

The meeting was adjourned at 7:58 P.M.

By: June McCormick Village Clerk

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CONSENT AGENDA ITEM 2

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SYS DATE:01/31/20 VILLAGE OF FORSYTH SYS TIME:11:00A / P W A R R A N T L I S T [NW1]

REGISTER # 885 DATE: 12/31/19 Tuesday December 31,2019 PAGE 1

PAYABLE TO AMOUNT INV NO G/L NUMBER DESCRIPTION DISTR=======================================================================================

01 AMAZON.COM 26.44 013120 01-53-681 AUDIO VISUAL 26.44

01 BENEFIT PLANNING CONSULTANTS, 1692.17 013120 01-11-549 BCOCHRAN HRA 2019 692.17 013120-1 01-11-549 KTAYLOR HRA 2019 1000.00

01 CHASTAIN & ASSOCIATES, LLC 8660.22 013120 30-00-878 PHILLIP CIRCLE DRAINAGE ENG 4801.42 013120 30-00-883 ANNUAL PAVEMENT PROJECT 853.65 013120 30-00-810-1 WELL 7 LAND ACQUISITION 691.35 013120 01-11-532 ENGINEERING SERVICE ADVISORY 720.05 013120 30-00-810-2 WATER SYSTEM WELL 7 239.07 013120 01-41-532 IDOT 51 IMPROVEMENT CORRES 450.63 013120 01-11-532 PARKS LWCF GRANT 700.80 013120 01-11-532 PW FINAL PLAT STREET LIGHTS 203.25

01 CONSTELLATION NEWENERGY 2133.35 013120 01-11-571 GAS UTILITIES VHALL 200.72 013120 01-41-571 GAS UTILITIES PW/MAINT BLDG 483.94 013120 01-53-571 GAS UTILITIES LIBRARY BLDG 629.47 013120 51-00-571 GAS UTILITIES WTR PLANTS/WELL 819.22

01 LOWE'S COMPANIES, INC. 27.48 013120 01-41-612 EQUIP MAINTENANCE SUPPLIES 27.48

** TOTAL CHECKS TO BE ISSUED 12539.66

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SYS DATE:01/31/20 VILLAGE OF FORSYTH SYS TIME:11:00 A / P W A R R A N T L I S T [NW1] REGISTER # 885 DATE: 12/31/19 Tuesday December 31,2019 PAGE 2

FUND AMOUNT INV NO G/L NUMBER DESCRIPTION DISTR=======================================================================================

GENERAL FUND 5134.95

CAPITAL PROJECT FUND 6585.49

WATER OPERATIONS 819.22

*** GRAND TOTAL *** 12539.66

TOTAL FOR REGULAR CHECKS: 12,539.66

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SYS DATE:01/31/20 VILLAGE OF FORSYTH SYS TIME:11:37A / P W A R R A N T L I S T [NW1]

REGISTER # 886 DATE: 02/03/20 Monday February 03,2020 PAGE 1

PAYABLE TO AMOUNT INV NO G/L NUMBER DESCRIPTION DISTR=======================================================================================

01 AMERICAN PUBLIC WORKS 350.00 013120 51-00-560 DF YRLY MEMBERSHIP DUES 350.00

01 BEACON ATHLETICS, LLC 104.00 0513417 01-52-929 NET RPLMNT KIT FOR TUFF L SCREEN 104.00

01 BEST-ONE OF CENTRAL IL 932.76 370098 01-41-513 VEHICLE MAINT TIRES F-250 589.84 370110 01-41-513 VEHICLE MAINT. TIRES '15 FORD F-350 342.92

01 BENEFIT PLANNING CONSULTANTS, 104.82 BPCI00220312 01-11-549 FEB '20 HRA/COBRA SERVICES 104.82

01 HERALD & REVIEW 164.98 72838 01-11-553 P/Z MTG 2/27/20 AD 110.96 72839 01-11-553 P/Z MTG 2/27/20 AD 54.02

01 U.S. POSTAL SERVICE 400.00 013120 01-11-551 POSTAGE FOR POSTAGE MACHINE 400.00

01 COMCAST CABLE 1061.71 013120 01-11-552 PHONE SERVICE VHALL 218.50 013120 01-11-549 INTERNET SERVICE VHALL 94.95 013120 01-41-552 PHONE SERVICE PW BLDG 61.27 013120 01-41-549 INTERNET SERVICE PW BLDG 69.95 013120 01-53-552 PHONE SERVICE LIBRARY 173.92 013120 01-53-552 INTERNET SERVICE LIBRARY 179.95 013120 51-00-552 PHONE SERVICE WTR PLANT 153.22 013120 51-00-549 INTERNET SERVICE WTR PLANT 109.95

01 AHW LLC CLINTON 128.82 10086517 01-41-612 EQUIP MAINTENANCE SUPPLIES 128.82

01 DEMCO, INC 105.89 6752229 01-53-659 PROCESSING SUPPLIES 105.89

01 DUGAN OIL & TIRE 1419.00 185916 01-41-513 VEHICLE MAINTENANCE TIRES 1419.00

01 TYROLT, INC 722.80 4534 01-41-614 STREET MAINTENANCE RD PATCH 722.80

01 FINDAWAY WORLD, LLC 107.76 311810 01-53-681 AUDIO VISUAL 107.76

01 GALE RESEARCH INC. 107.23 69331151 01-53-671 BOOKS 39.00 69418212 01-53-671 BOOKS 45.73 69572592 01-53-671 BOOKS 22.50

01 IL DEPT OF AGRICULTURE 60.00 013120 01-41-560 PEST CONTROL LICENSE DDUNN 60.00

01 INDUSTRIAL RUBBER, INC 97.79 3535785 01-41-612 EQUIP MAINTENANCE SUPPLIES 97.79

01 JENNIFER LAWYER 4.80 013120 01-11-929 MILEAGE REIMB JURY DUTY 4.80

01 KEY LABORATORY SERVICES 1115.25 157935 01-41-612 EQUIP MAINTENANCE HOSE FOR VAC 1115.25

01 MENARDS 42.45

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SYS DATE:01/31/20 VILLAGE OF FORSYTH SYS TIME:11:37A / P W A R R A N T L I S T [NW1]

REGISTER # 886 DATE: 02/03/20 Monday February 03,2020 PAGE 2

PAYABLE TO AMOUNT INV NO G/L NUMBER DESCRIPTION DISTR======================================================================================= 013120 51-00-652 OPERATING SUPPLIES 6.77 013120 01-53-612 EQUIP MAINTENANCE SUPPLIES 25.43 013120 51-00-654 JANITORIAL SUPPLIES 10.25

01 MIDSTATE OVERHEAD DOORS INC 293.38 2763334 01-41-511 REPAIR GARAGE DOOR PW BLDG 293.38

01 MISSISSIPPI LIME COMPANY 10694.57 1470250 51-00-656 LIQ CALCIUM HYDROXIDE 3469.05 1472229 51-00-656 LIQ CALCIUM HYDROXIDE 3861.14 1473472 51-00-656 LIQ CALCIUM HYDROXIDE 3364.38

01 MUTT MITT 1106.59 319315 01-52-652 OPERATING SUPPLIES MUTT MITTS 1106.59

01 NEOPOST USA INC 120.00 57323699 01-11-512 POSTAGE MACHINE MTR RENTAL 120.00

01 PETTY CASH 83.45 013120 01-53-551 POSTAGE 28.45 013120 01-53-913 PROGRAM SUPPLIES 39.00 013120 01-53-651 OFFICE SUPPLIES 16.00

01 PRAXAIR, INC 8534.82 94262371 51-00-656 CARBON DIOXIDE 8534.82

01 RECORDED BOOKS, LLC 63.00 76600067 01-53-681 AUDIO VISUAL 63.00

01 NANCY WHITE 75.00 013120 01-11-929-1 COMM CNTR REFUND 75.00

01 SPEED LUBE 66.90 013120 01-52-513 VEHICLE OIL CHANGE 66.90

01 SUPERIOR FIRE PROTECTION SYSTE 425.00 12176 01-41-511 YRLY FIRE SPRINKLER INSPECTION PW B 425.00

01 TAPED EDITIONS INC. 429.0020-X1158 01-53-913 PROGRAM SUPPLIES 429.00

01 THE BLIND MAN INC 480.00 29528 01-11-511 BLDG MAINTENANCE BLINDS FOR AREA 480.00

01 THIRD MILLENNIUM ASSOCIATES, I 347.06 24348 51-00-549-1 W/S BILLING FOR FEB 1, 2020 173.53 24348 52-00-549-1 W/S BILLING FOR FEB 1, 2020 173.53

01 TELE SCAN INC 500.00 222440 51-00-549 LOCATE WATER MAIN 500.00

01 US POSTAL SERVICE (CAPS) 632.31 013120 51-00-549-1 W/S BILLING POSTAGE FOR 2/1/2020 316.16 013120 52-00-549-1 W/S BILLING POSTAGE FOR 2/1/2020 316.15

01 VALUE LINE PUBLISHING INC 1103.00 12369407 01-53-672 SUBSCRIPTION RENEWAL 1103.00

01 VERMEER SALES & SERVICE 1212.49 S47270 01-41-512 EQUIP MAINTENACE REPAIRS TO BRUSH C 1212.49

01 VILL OF FORSYTH 150.00 013120 01-11-571 WATER UTILITIES 150.00

01 WALLENDER-DEDMAN PRINTING INC. 315.00 91883 01-11-549-1 VVISION 1/16/2020 PRINTING 315.00

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SYS DATE:01/31/20 VILLAGE OF FORSYTH SYS TIME:11:37A / P W A R R A N T L I S T [NW1]

REGISTER # 886 DATE: 02/03/20 Monday February 03,2020 PAGE 3

PAYABLE TO AMOUNT INV NO G/L NUMBER DESCRIPTION DISTR=======================================================================================

01 WAL-MART 45.68 013120 01-53-651 OFFICE SUPPLIES 12.45 013120 01-53-913 PROGRAM SUPPLIES 27.74 013120 01-53-681 AUDIO VISUAL 5.49

01 WATER SOLUTIONS UNLIMITED, INC 2369.39 34268 51-00-656 CHLORINE/POT PERM CHEMICALS 2369.39

01 WATTS COPY SYSTEM 180.43 26361326 01-53-512 COPIER RENTAL/COPIES 180.43

** TOTAL CHECKS TO BE ISSUED 36257.13

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SYS DATE:01/31/20 VILLAGE OF FORSYTH SYS TIME:11:37A / P W A R R A N T L I S T [NW1]

REGISTER # 886 DATE: 02/03/20 Monday February 03,2020 PAGE 4

FUND AMOUNT INV NO G/L NUMBER DESCRIPTION DISTR=======================================================================================

GENERAL FUND 12548.79

WATER OPERATIONS 23218.66

SEWER OPERATIONS 489.68

*** GRAND TOTAL *** 36257.13

TOTAL FOR REGULAR CHECKS: 36,257.13

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ADMINISTRATION REPORTS

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  1 of 2

5 North Country Club Road | Decatur, IL 62521 P: 217.422.8544 | F: 217.422.0398 | www.chastainengineers.com

ENGINEER’S REPORT Forsyth; February 3, 2020 Board Meeting

Submitted by Matthew B. Foster, P.E., PLS

Project 6928 – Bike Path to Grade School

Design of the project continues as we work towards submitting an Environmental Survey Request submittal to IDOT.

Project 6972 – Phillip Circle Drainage

The project has been shut down until spring. Erosion control measures and inspections will continue until then. A change order and pay estimate will need to be processed in February.

Project 7145 – 2019 Advisory

The appraisal for the LWCF grant has started and will be completed before the end of February. The appraisal will need to be submitted to IDNR for approval prior to acquiring the property.

The PARC grant application for the first two phases of the Sports Park has been submitted. Our chances of receiving this grant are low since initial feedback from IDNR indicates they are looking more for indoor facilities. The Community Center would be a potential option to submit for this grant next application cycle, but work would need to be done in order to submit a competitive application. IDNR has indicated the first two phases of the Sports Park project could score well on an OSLAD grant application. This grant cycle is expected to open in May 2020 with applications due by July 1, 2020. Stephanie Brown from my office will be attending this meeting to discuss ways of improving future applications for funding. Her background is urban planning and has worked on many successful grant applications in the past.

We also attended the Macon County MS4 workgroup meeting this past week. They have recommended some minor modifications to the Village’s storm water ordinance. The recommendations will be presented at a future Board meeting for approval. The Macon County Soil and Water Conservation District has also requested an updated retention/detention pond map for their use during inspections.

Project 7145.01 – Well 7 Subdivision

We are proceeding with the boundary survey necessary to go through the subdivision and variance request process with the County. We will want to complete the acquisition before crops are planted and the option runs out on May 15.

We have also discussed options for funding this improvement as well as other potential water system improvements with Village staff. One potential option for the well would be an IEPA loan for water improvements. Their terms are favorable right now and we believe this project would be eligible.

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ENGINEER’S REPORT Forsyth; February 3, 2020 Board Meeting

  2 of 2

5 North Country Club Road | Decatur, IL 62521 P: 217.422.8544 | F: 217.422.0398 | www.chastainengineers.com 

Project 7197 – 2019 Street Maintenance

Jack-a-Slab still has not returned any correspondences regarding their schedule for filling the void under the pavement by the inlet on Hopi Dr. I have attempted to contact Howell Slab Jackers to get an alternate quote. I have not heard back yet.

2020 Street Maintenance

The County is finalizing the intergovernmental agreement for the microsurfacing/cape sealing work to be performed in the County. This agreement is good for the next 5-years and does not obligate the Village to participate every year. It is expected to be ready for the February 17 Board meeting.

For FY2020, cape sealing and/or microsurfacing of Loma Dr, Ventura Dr and the asphalt portion of Avalon Blvd was included in the Village CIP. This area also has sidewalk ramps that require upgrades to current ADA/PROWAG guidelines. A contract for Chastain & Associates LLC to provide design engineering and construction observation service for this project is presented for review and approval at this meeting.

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Library Director’s Report February 3, 2020

• The library’s annual magazine and used materials sale will be March 27 and 28, 2020.

Library staff has been removing outdated back issues of magazines from our collection and organizing materials for the sale. The Youth Services Librarian and I have been evaluating older items in other areas of the collection for possible withdrawal and inclusion in the sale.

• Youth Services Librarian Marissa White and I are planning summer library activities. The theme for 2020 is Dig Deeper: Read, Investigate, Discover.

• Library visitors are encouraged to create Valentines for Vets. Supplies will be available through February 8 and then the finished valentines will be mailed to the Veterans Affairs Illiana Health Care System in Danville.

• Staff evaluations have been completed. • I attended an online meeting of the RBdigital users group on January 22. RBdigital is the

vendor that supplies our digital magazines. • Best Buy’s Geek Squad is assisting with our Tech Club in February, March, and April.

The topic for February is smart home assistants such as Amazon Echo and Google Home.

Rachel Miller January 30, 2020

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Public Works Report 1-31-20

Parks: Public works assembled 1 of 3 new bleachers for Field #5 and set in place. Cleaned parks and trails. On our Park to do list is: Park maintenance and cleaning. Repair playground equipment deficiencies. Continue with dead tree removal. #5 bleacher assembly. Village: We continued to maintain the Library, Village Hall, and other property / easements throughout the Village. Library carpet cleaning. We worked on locates, inspections, demolition water/sewer, new construction assistance. Continued with winter and needed maintenance on vehicles / equipment, and any concerns residents had… new vac hose on leaf vac, new tires on F250 and F350. Cleaned leaves off of storm drains throughout town. Cleaned trash in Village and along 51. On our Village to do list is: Landscape around Library sign (weather). Dead tree and stump removal. Continue with cleanup. Water Treatment Plant / Sewer: Continued with meeting IEPA sampling and analysis requirements, sanitary collection grease removal, process organization and improvements, plant cleanliness and improvements. We worked Badger meter transmitters, got most of 120 day read failures completed. We flushed hydrants on West-End. Completed IEPA Lead / Copper semi-annual sampling / analysis / communications. On our Water / Sewer to do list is: Complete monthly IEPA sampling. Well communication upgrade (SSS). (install set for February) Continue with repairs and process improvements. Continue with water meter issues (Badger)... more scheduled for next week Continue with preventive maintenance. Thanks, Darin

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NEW BUSINESS

ITEM 1

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Trustees,

I recommend that we hire C.L. Rhodes Concrete to repair / replace broken sidewalk panels along #4 Baseball Field (south side) and the panel near Park Place (to include ADA requirements) across from PW Building. C.L. Rhodes is not the lowest bid, but did include backfill and re-seed. We did not ask for backfill, as we normally perform that work… but they stated it is cheaper for them to do it all as one, and it would be worth the $440 for them to do it as we would have to haul in some good dirt, we are in low supply, manpower expense, seed, etc… We are willing to do the work, but that may not be as cost effective as C.L Rhodes. If you decide that we should go without backfill, I still have 3 bids and Tom Adams Concrete would be the lowest bid coming in at $7321.00.

Thanks,

Darin

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NEW BUSINESS

ITEM 2

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CHASTAIN & ASSOCIATES LLC Consulting Engineers

AGREEMENT FOR PROFESSIONAL SERVICES TERMS AND CONDITIONS

These Terms and Conditions are a part of the Agreement between the Client and Chastain & Associates LLC, (Consultant). Any provision or part thereof of this agreement held to be void or unenforceable under any law shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the parties. The parties agree that this agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.

AMENDMENTS This agreement may be amended only in writing by both the Client and Consultant.

FEE BASIS (COMPENSATION FOR PROFESSIONAL SERVICES) The basis for compensation will be either 1) Lump-Sum Amount as noted on the face of this agreement or 2) Estimated Amount (figured on time and materials basis) payment for all hours worked on the project based on the indicated rate for the class of personnel shown on the current Schedule of Hourly Rates (available upon request) in effect plus reimbursable expenses.

"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, toll telephone calls, telegrams, reproduction or printing, computer time and outside consultants.

TIME OF PAYMENT The Consultant may submit monthly statements for services and expenses based upon the proportion of the actual work completed at the time of billing. Unless provided for otherwise, payments for professional services will be due and payable upon the issuance of the Consultant's invoice. We bill for work done each month by the 10th of the following month.

LATE PAYMENT If the Client fails to make any payment due the Consultant for services and expenses within the time period specified, a service charge of 1.5% (annual rate of 18%) per month may be added to the Client's account at the Consultant's discretion. Client further agrees to pay all expenses of collection, including court costs and reasonable attorney fees, should it become necessary to refer Client’s account for collection. If the Client is in breach of the payment terms or otherwise is in material breach of this Agreement, the Consultant may suspend performance of services upon five (5) calendar days' notice to the Client. The Consultant shall have no liability to the Client, and the Client agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the Client. Upon receipt of payment in full of all outstanding sums due from the Client, or curing of such other breach, which caused the Consultant to suspend services, the Consultant shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension.

INSURANCE AND LIMITATION Consultant is covered by commercial general liability insurance in an amount not less than $1,000,000 per occurrence, automobile liability insurance and workers’ compensation insurance with limits which Consultant considers reasonable. Certificates of all insurance shall be provided to Client upon request in writing. Client shall be named as an additional insured on all such insurance policies and Consultant shall provide a certificate evidencing such coverage prior to the commencement of work under this Agreement. Within the limits and conditions of such insurance, Consultant agrees to indemnify and hold Client harmless from any loss, damage or liability arising directly from any negligent act by Consultant. Consultant shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. Consultant shall not be responsible for any loss, damage or liability arising from any act by Client, its agents, staff, other consultants, independent contractors, third parties or others working on project over which Consultant has no supervision or control. Notwithstanding the foregoing agreement to indemnify and hold harmless, the parties agree that Consultant has no duty to defend Client from and against any claims, causes of action or proceedings of any kind.

PROFESSIONAL LIABILITY INSURANCE AND LIMITATION Consultant is covered by professional liability insurance for its professional acts, errors and omissions, with limits which Consultant considers reasonable, but in no case less than $2,000,000 per occurrence. Certificates of insurance shall be provided to Client upon request in writing. Client shall be named as an additional insured on all such insurance policies and Consultant shall provide a certificate evidencing such coverage prior to the commencement of work under this Agreement. Within the limits and conditions of such insurance, Consultant agrees to indemnify and hold Client harmless from loss, damage or liability arising from professional acts by Consultant and errors or omissions that exceed the industry standard of care for the services provided. Consultant shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. Consultant shall not be responsible for any loss, damage or liability arising from any act, error or omission by Client, its agents, staff, other consultants, independent contractors, third parties or others working on project over which Consultant has no supervision or control. Notwithstanding the foregoing agreement to indemnify and hold harmless, the parties agree that Consultant has no duty to defend Client from and against any claims, causes of action or proceedings of any kind.

AUTHORITY AND RESPONSIBILITY The Consultant shall not guarantee the work of any Contractor or Subcontractor, shall have no authority to stop work, shall have no supervision or control as to the work or persons doing the work, shall not have charge of the work, shall not be responsible for safety in, on, or about the job site or have any control of the safety or adequacy of any equipment, building component, scaffolding, supports, forms or other work aids. In the event we are not providing site observation services, the Client will indemnify and hold HLC harmless for claims arising from modifications, clarifications, interpretations, adjustments or changes made to the contract documents to reflect changed field or other conditions.

TERMINATION This agreement may be terminated by either party within fifteen days after receiving written notice. Any termination shall only be for good cause such as for legal, unavailability of adequate financing or major changes in the work. In the event of any termination, the Consultant will be paid for all services and expenses rendered to the date of termination on a basis of the Schedule of Rates plus reimbursable expenses and reasonable termination costs.

DELIVERABLES AND ELECTRONIC FILES Plans, specifications, and electronic files are instruments of service and remain the property of the Consultant. Sealed hardcopy plans provided by the Consultant are actual deliverables and have precedence over any electronic files supplied to the Client as a convenience. Electronic files are supplied in the software format currently in use by the Consultant, who has no control over deterioration or functional obsolescence due to upgraded versions of software programs. Client agrees to indemnify and hold Consultant harmless from claims resulting from unauthorized reuse of electronic files or unauthorized changes made by Client or others to files in the Client’s possession. Information contained in electronic files is valid only for 60 days following delivery to the Client, and the Consultant is not responsible for data deterioration within the file.

REUSE OF DOCUMENTS All documents including drawings and specifications furnished by Consultant pursuant to this Agreement are instruments of his services in respect of the work. They are not intended or represented to be suitable for reuse by Client or others on extensions of this work, or on any other work. Nothing herein, however, shall limit the Client’s right to use the documents for municipal purpose, including but not limited to the Client’s right to use the document in an unencumbered manner for purposes of remediation, remodeling and/or construction.

ESTIMATES OF COST Estimate of probable project cost that may be provided for herein are to be made on the basis of the Consultants experience and qualifications and represent his best judgment as a professional familiar with the industry, but Consultant cannot and does not guarantee that proposals, bids or the cost will not vary from estimate of probable cost prepared by him. If the Client wishes greater assurance as to the Cost, he shall employ an independent cost estimator.

INFORMATION PROVIDED BY OTHERS The Client shall furnish, at the Client's expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The Consultant 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.

DISCLOSURE RESOLUTION The parties agree to attempt to resolve such disputes through direct negotiations between the appropriate representatives of each party. If such negotiations are not fully successful, the parties agree to attempt to resolve any remaining dispute by formal nonbinding mediation conducted in accordance with rules and procedures to be agreed upon by the parties. If the dispute or any issues remain unresolved after the above steps, the parties agree to attempt resolution by submitting the matter a method jointly agreed upon by both parties.

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SCOPE OF SERVICES FOR DESIGN ENGINEERING & CONSTRUCTION OBSERVATION PHASE SERVICES

Forsyth‐2020 Street Maintenance    Scope 1 of 2 

IMPROVEMENT DESCRIPTION: 

The 2020 STREET MAINTENANCE project generally includes the cape sealing and/or micro‐surfacing of the following streets: 

Loma Drive from the west end to the east end  Ventura Drive from the west end to the east end  Avalon Boulevard from the end of the concrete section north of Tyrone Drive to West Forsyth 

Road 

It  is  also  anticipated  that  multiple  sidewalk  ramps  will  require  upgrading  to  current  ADA/PROWAG standards. This work is hereinafter referred to as the “PROJECT.” 

SCOPE OF SERVICES: 

Chastain shall furnish or cause to be furnished for this PROJECT: 

1. Design Engineering: 

i. Assistance with the execution of an intergovernmental agreement between the Village, Macon County and the City of Decatur. 

ii. Investigation  of  the  condition  of  the  streets  for  determination  of  appropriate maintenance operations to be included in the maintenance program. 

iii. Preparation of details for upgrading sidewalk ramps to current ADA/PROWAG standards at five (5) locations along Avalon Boulevard. 

iv. Solicitation of quotes for sidewalk ramp work to be completed in advance of the street maintenance operation.  

v. Preparation of details and quantities  for  inclusion with the City of Decatur’s or Macon County’s, whichever entity is the Lead Agency, bidding specifications. 

vi. Attendance at the public letting scheduled by Lead Agency. vii. Presentation of the bidding results at a meeting of the Village Board for concurrence of 

the award. 2. Construction Observation: 

i. Coordination  of  the  Village  portion  of  the  cape  sealing/microsurfacing  portion  of  the PROJECT with the Lead Agency. 

ii. Administration of the sidewalk ramp replacement contract with the Village’s contractor for the work. 

iii. Continuous  observation  of  the  work  and  the  contractor’s  operations  for  compliance with the plans and specifications as construction proceeds. Chastain  is not responsible for the supervision of and does not guarantee the performance of the contract by the contractor. 

iv. Establishment and setting of lines and grades. v. Maintain a daily record of the contractor’s activities throughout construction including 

sufficient  information to permit verification of the nature and cost of changes in plans and authorized extra work. 

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SCOPE OF SERVICES FOR DESIGN ENGINEERING & CONSTRUCTION OBSERVATION PHASE SERVICES

Forsyth‐2020 Street Maintenance    Scope 2 of 2 

vi. Preparation  and  submission  of  the  Village  portion  of  contract  quantities  to  the  Lead Agency for payment estimates, change orders, records and reports. 

3. To  make  such  changes  in  working  plans,  including  all  necessary  preliminary  surveys  and investigations, as may be required after the award of the construction contract and during the construction of the improvement. 

4. To attend conferences and meetings at any reasonable time when requested to do so by client. 

Services  not  listed  in  the  scope  of  work  described  above  are  not  included  in  this  proposal.  The following  items  are  specifically  excluded  from  the  agreement.  This  list  is  for  informational  purposes only and is not intended to be complete: 

a. Public informational meetings including open houses, public hearings, etc. b. Services  performed  as  a  result  of  litigation,  arbitration,  public  hearings  or  other  legal  or 

administrative proceedings involving the PROJECT other than a dispute between the client and Chastain. 

c. Services performed to accomplish property surveys, preparation of  legal description plats and documents  for  the  acquisition  of  land,  easements  and/or  right‐of‐way,  and  assistance  to  the client in acquiring any necessary land, easements and right‐of‐way. 

d. Services performed in connection with environmental testing and remediation. e. Services performed  in connection with supplemental archaeological surveys, wetland surveys, 

and computer modeling of waterways if required by governmental permitting agencies. 

These  services  can  be  supplied  by  Chastain  if  they  are  determined  to  be  required  during  the performance of  the PROJECT.  Payment  for  these additional  services  shall be on a  time and expense basis in accordance with the attached Schedule of Rates. 

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2020 SCHEDULE OF RATES    

Classification  Per Hour Rate Net RANGE 

Engineers  From  To Project Principal  $198.00  ‐  $219.00Senior Project Manager  $210.00  ‐  $222.00Project Manager II  $165.00  ‐  $168.00Project Manager I  $132.00  ‐  $149.10Project Engineer II  $117.60  ‐  $138.90Project Engineer I  $109.50  ‐  $132.00Engineer  $69.00  ‐  $97.50

 Surveyors Chief of Survey  $117.60  ‐  $117.60Surveyor II  $91.50  ‐     $105.90Surveyor I  $88.50  ‐  $94.50

 Technical Senior Technician  $156.00  ‐  $156.00Tech. IV  $124.50  ‐  $138.00Technician III  $108.60  ‐  $108.60Technician II  $93.00  ‐  $106.20Technician I  $59.70  ‐  $84.00

 

Office Services and Records Administrative  $49.50  ‐  $95.70 

 The above rates apply to all projects with exception to depositions and expert witness,  in which all  time spent for  the preparation for depositions, providing the deposition, preparation for trials, and time spent in trial shall be billed at a rate of 2.0 times the above rate for all staff involved.  Expenses  such  as  interim  travel  and  subsistence,  telephone,  blueprints,  subsurface  investigations,  laboratory  testing, and subcontractor work approved by  the client, will be charged at actual  cost.  A Fathometer  for hydrographic surveys will be  invoiced at $150.00 per day. The use of a Survey Laser Scanner will be invoiced at $1,000.00 per day.  The use of an ATV or UTV will be invoiced at $200.00 per day or actual rental cost.  The use of a drone for aerial surveys or photography will be invoiced at $50.00 per hour.  Necessary field vehicles are charged at $65.00 per day.   All other mileage is charged at 57.5 cents per mile net (or the current rate allowed by the I.R.S.).  Boat Service fees are $350 per day.  Above quotations are subject to change with 60 days review by client, due to circumstances beyond our control.  

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NEW BUSINESS

ITEM 3

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CLOSED SESSION

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