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HomeMy WebLinkAboutPacket - 03/19/2018 - City CouncilAGENDA REGULAR CITY COUNCIL MEETING City Council Chambers, 333 S Green Street Monday, March 19, 2018, 7:00 PM 1. Call to Order. 2. Roll Call. 3. Pledge of Allegiance. 4. Public Comments: Any member of the public wishing to address the Council is invited to do so by signing in at the meeting entrance and, when recognized, stepping to the podium. Opportunities for Public Comment are also provided under each Individual Action Item. 5. Consent Agenda: Motion to Approve the Following Consent Agenda Items: A. Professional Services Contract with Baxter & Woodman, Inc. for Recreation Center Parking Lot Expansion in an amount not to exceed $36,275; B. Professional Services Contract with Hampton, Lenzini & Renwick, Inc. for Bull Valley Road Multi Use Path Phase 1 Design Engineering Services in an amount not to exceed $104,087, (MCDOT @ 80% - $83,269.60; City of McHenry @ 20% - $20,817.40); C. Rejection of all bids received for 2018 Municipal Mowing Program; Waive Advertising for Bids; and, Award of a three-year contract for the 2018 Municipal Mowing Program with a 20% performance bond and option to renew for an additional two years, to Clearview Landscape Construction of Harvard, IL for the amount of $3,545/week; D. Resolution authorizing a budget amendment to the Developer Donations Fund for $86,556.40 for Miller Riverfront Park Boat Launch Paving and Lighting project; award paving contract to Peter Baker & Son for $10,856.40; and award installation of lighting contract to Associated Electrical Contractors for $75,700; E. Tenant Farm Lease Agreement with Charles Schaefer for 32.7 acres located at the southwest corner of Curran Road and Route 120 for a one year term for $500; F. Renewal of tenant farm lease agreements with 1) James Finch for approx. 24.5 acres located off Curran Road (PIN 09-33-100-003) for an annual payment of $3,014; and 2) Kevin Bauer for an approx. 50-acre section of the Petersen Farm property for an annual payment of $9,100; G. Resolution authorizing update of City of McHenry Official Zoning Map and Publication of a Notice of Zoning Map Update; H. Parks Use/Facilities Permits; I. January 29, 2018 Committee of the Whole minutes; J. Issuance of Checks in the amount of $1,155,336.54; and K. Payment of Bills in the amount of $778,627.76. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. McHenry City Council Regular Meeting March 19, 2018 Page Two 6. Individual Action Item Agenda: A. Motion to adopt an Ordinance Annexing the property located at 2907 W. Illinois Route 120, Property Index Number 09-36-102-003. B. Motion to adopt an Ordinance approving a Use Variance to allow a Tattoo Parlor at 3929 W. Main Street C. Motion to adopt an Ordinance approving a Conditional Use Permit to allow an Open Sales Lot for the property located at 4719 West Elm Street. D. Motion to adopt an Ordinance approving a Conditional Use Permit to allow the Outside Storage of Vehicles in conjunction with a Towing Business for the property located at 3014 W. Route 120. E. Motion to adopt an Ordinance amending various sections of Municipal Code Chapter 4, Alcoholic Beverages, and Chapter 9 Devices, Coin -Operated. 7. Staff Reports. 8. Mayor and City Council Comments. 9. Adjourn. The complete City Council packet is available for review online via the City website at www.ci.mchenry.il.us. For further information, please contact the Office of the City Administrator at 815-363-2108. The proceedings of the City Council meeting are being video and audio -recorded and every attempt is made to ensure that they are posted on the City of McHenry, IL "YouTube" channel within twenty-four (24) hours of the meeting adjournment. NOTICE: In compliance with the Americans With Disabilities Act (ADA), this and all other City Council meetings are located in facilities that are physically accessible to those who have disabilities. If additional accommodations are needed, please call the Office of the City Administrator at 815-363-2108 at least 72 hours prior to any meeting so that accommodations can be made. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. . M M6ART 01 TMR IO% RIVRR Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: March 19, 2018 T0: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: Recreation Center Parking Lot Expansion ATT: Construction Engineering Services Request for Proposal Baxter and Woodman Recommended Proposal Professional Services Contract AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding a Professional Services Contract for Construction Engineering Services for the Recreation Center Parking Lot Expansion to Baxter & Woodman, Inc. BACKGROUND: Included in the FY 2017/2018 CIP is $400,000 from the Recreation Center Fund allotted for the expansion of the City Recreation Center Parking Lot. At the August 7, 2017 City Council Meeting, City Council awarded an engineering design contract to Baxter & Woodman, Inc. to complete design engineering for the expansion of the Recreation Center Parking Lot. This contract also included design work for the extension of the water main in order to extend it beyond the limits of the new pavement to ultimately construct a loop of the water main between the Recreation Center, Knox Park and City Hall for better circulation and quality. Design work was finalized in February of this year and the project was released for bid. Bids for construction of the lot expansion were received on March 16, 2018 and results of the bidding process are currently being finalized. Construction is anticipated to begin in April with completion anticipated by Summer of 2018. City staff solicited proposals for Construction Engineering Services for the Recreation Center Parking Lot Expansion Project from the City's pool of prequalified firms. The Request For Proposal (RFP) was distributed to all seven (7) firms prequalified in both the Municipal Engineering Transportation category and Water/Wastewater category. ANALYSIS: Two (2) firms submitted a proposal and scope of services that met the requirements set out in the RFP. Sealed proposals for Construction Engineering Services for the Recreation Center Parking Lot Expansion Project from the following firms were opened on March 2, 2018: • Baxter &Woodman, Inc. o $36,275.00 • Bollinger Lach and Associates, Inc. o $50079.00 , Proposals VVIU1 e examined for conformance with the conditions of the RFP and evaluated based upon the criteria identified in the RFP. Staffs recommendation is to proceed with the awarding of the Professional Services Contract to Baxter and Woodman, Inc. in an amount not to exceed $361275.00. The Baxter &Woodman, Inc. proposal is attached. If Council wishes to review the Bollinger Lach and Associates, Inc. proposal it is available for viewing in the Office of the City Administrator. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve the attached Professional Services Contract for the Recreation Center Parking Lot Expansion project to Baxter and Woodman, Inc. in an amount not to exceed $36,275.00. Notice to Firms The City of McHenry is requesting proposals for construction engineering services for City of McHenry Recreation Center Parking Lot Expansion. The included Preliminary Scope of Services provides anticipated items which may be required to perform all necessary construction engineering and management work associated with this project. The parking lot expansion is to be constructed in accordance with City Zoning and Development Ordinances, Illinois EPA requirements, as well as other applicable laws and ordinances. Design work is currently being finalized and the project is currently being targeted for an early March letting date with construction anticipated to begin in April of this year. Project Description In Spring of 2016 the City of McHenry completed the construction of a 18,000 square foot recreation center. The Recreation Center is the first step in a long term facilities plan for an overall City Recreation Campus. The original parking lot construction included approximately 60 parking stalls. Due to the tremendous success of the Recreation Center it has become apparent that an expansion of the existing parking facilities is necessary to accommodate the current usage of the recreation center. The proposed improvements include construction of new asphalt pavement and base course, construction of storm sewer, water -main extension, minor regrading of existing detention basin, sidewalks, pavement markings, landscaping, and other necessary and related work. The current estimate of construction cost is $505,000. Construction is estimated to be completed on an approximate 2 month schedule finishing in June of this year. This project, when completed, will expand the parking capacity for the City Recreation Center and will allow for future additions to the overall campus. 2�City of McHenry Preliminary Scope of Services The Preliminary Scope of Services identifies a potential list of services required to successfully perform all required professional engineering services in order to complete the proposed project. Each firm will include with their proposal a Final Proposed Scope of Services, which shall include any notable exclusions. 1 � Act as Resident Engineer on behalf of the City of McHenry and as liason between the City of McHenry and the Prime Contractor. a. Proposed Resident Engineer will have at least 4 years of public infrastructure inspection experience and shall have served as resident engineer of at least one project in excess of $500,000 in final construction cost. b. Proposed Project Manager shall be a Registered Professional Engineer in the State of Illinois. c. A minimum of 350 hours of time shall be included with the "Compensation" section of each firm's proposal. 21 Day to day project management, coordination and correspondence with contractor, and construction inspection. 3 � Preparation of all Authorizations and Payment Estimates. 4 I Provide all necessary material testing services. 51 Perform all construction documentation and quantity calculations. 61 Verify contractor horizontal and vertical construction layout. 71 Perform all necessary erosion control and other site inspections and prepare reports of inspection. 81 Act as primary point of contact with the public and provide City personnel with up to date project information for City public information communications. 91 Attend meetings as necessary including preconstruction meeting and job progress meetings. 31City of Mck-ken�y Final Submittal Requirements 1 All proposals must be signed by an authorized official. 2 Proposals shall include a brief project understanding of not more than one page. 3 A Final Proposed Scope of Services "Services" shall be included with each proposal. 4 An itemized schedule of costs "Compensation" shall be included with each proposal. 5 � Proposals shall include a proposed "Project Schedule" 6 � Proposals shall also include a proposed project team chart. 7 All proposals shall be submitted to the City of McHenry, no later than 3:00 PM, March 2, 20186 8 � Proposals must be submitted in the following formats: One Original Proposal Document, one hard paper copy, and one electronic copy (CD or USB Flash Drive). 91 Proposals must be submitted in one sealed envelope and must be plainly marked with the title "McHenry Recreation Center Parking Lot Expansion, Construction Engineering Services". 10 � All proposals must be shipped to or dropped off in person at the following address. City of McHenry Public Works Department ATTN: Jon M. Schmitt, Public Works Director 1 115 Industrial Drive McHenry, Illinois 60050 Selection Criteria Firms will be evaluated based upon the following criteria: 1 Completeness of project understanding and proposed scope of services 2 � Ability to meet project schedule 3 I Proposed project team and availability of such team 4 I Overall not to exceed costs 41City of McHen��y Schedule 2/12/18 RFP Made Available 2/23/18 Deadline for Request for Information (RFI) 2/28/18 All RFI's Closed, All Addenda Issued 3/2/18 Deadline for Submittal of Proposals 3/5/18 Final Consultant Selection 3/19/18 PSA Approval by City Council & Notice to Proceed Conditions Agreed To All conditions included in the original Request for Qualifications shall be considered as part of this RFP. By means of their prequalification it is understood that prequalified firms shall adhere to any and all conditions required by the original Request for Qualifications process and document. Professional Service Agreement Upon selection of a Firm the City and selected Firm shall enter into a contract for Professional Engineering Services. The City's standard Professional Services Contract is included as "Attachment A" and shall serve as the agreement between the selected consultant and the City of McHenry. The selected Firm's Final Proposed Scope of Services "Services", proposed "Project Schedule", and itemized schedule of costs "Compensation" shall be inserted into the Professional Services Contract and shall become a part of the contract. Questions and Addenda All inquiries regarding this RFP shall be submitted via a -mail to Troy Strange, Project Engineer, at tstrange(a�ci.mchenry.il.us no later than February 23, 2018. The City of McHenry reserves the right to not respond to any or all inquiries. Responses will be provided in a written addendum with both inquiries and responses, without stating the source of the inquiry via e-mail not later than February 28, 2018. 51CitY of (VlcHenj�y Request for Proposal Certification I hereby certify that the information contained in this Proposal, including all attachments thereto, is true and accurate to the best of my knowledge. Name: Signature: Title: Firm: Date: CITY of McHENRY Recreation Center Parking Lot Expansion Construction Engineering Services BAXTE WOODMAN �LJbJ72ittea by: Baxter & Woodman, Inc. Consulting Engineers W W W. IJ ii:t tC'J"WOO (�i7i CJJ'2. C0J71 Mar"BIZ z, zo�� BAXTEI�IIIOODMAN consulting Engineers s 60 •815.459.1260 • baxterwoodman.com March 2, 2018 Mr. Jon M. Schmitt Public Works Director City of McHenry 1415 Industrial Drive McHenry, Illinois 60050 Subject: City of McHenry -Recreation Center Parking Lot Expansion Construction Engineering Services Dear Mr. Schmitt: The City of McHenry needs a qualified firm to provide reliable construction engineering services for the Recreation Center Parking Lot Expansion project. Baxter & Woodman has assembled a project team with a proven track record for assisting communities with similar parking lot and infrastructure projects including Grayslake, South Elgin, and La Grange. Our approach for the City's project focuses on: • Extensive Knowledge -With Baxter &Woodman, the City has the advantage of a local firm with extensive knowledge of your project. Our strong understanding of the project stems from our experience providing design services for the Recreation Center Parking Lot Expansion project. • Experience Team -Your project will be served by an experienced team led by Project Manager Craig Mitchell. Craig has over 29 years of construction experience and will confirm that the project goes smoothly and remains on schedule. Assisting Craig is Resident Engineer Tom Hagerty. Tom is proficient in coordinating with Contractors, utility companies to resolve project conflicts, minimize delays, maximize cost savings, and facilitate project completion. • Responsive service -The City will be served by staff based out of our Crystal Lake office, which is less than 10 miles away from the City! Our local team of professionals who will confirm that your schedule will be met and the project is successfully constructed in early Summer 2018. Our familiarity of the project combined with our qualified team will result in the successful completion of the Recreation Center Parking Lot Expansion project. Please contact me directly (lhaussmann@baxterwoodman.com or 708-878-9859) should you have any questions or need additional information. Thank you for the opportunity to work with the City on this important and visible parking lot improvement project. Sincerely, BAXTER &WOODMAN, INC. CONSULTING ENGINEERS Louis D. Haussmann, PE Executive Vice President/COO City of McHenry • 17U812.1U iZecreation Center Parking Lot Expansion Construction Engineering Services CONTENTS Project Understanding/Approach.........................................................4 Services..................................................................................5 Compensation............................................................................7 Project Schedule. M 6 a 0 0 1 0 1 0 0 0 0 0 V 0 0 2 B 0 M 2 0 0 2 0 V N 0 F 0 1 q 0 0 9 a 0 M M 12 Project Team & Availability..............................................................13 Proposal Certification Form.............................................................1s The strength of Baxter &Woodman is our people and our purpose. Building community value with every project we do is tl�e force that drives us, and our fundamental core values are the principles we live by . . f ity of McHenry • l�osiz.io BAXTER&WOODMAN Recreation Center Parking Lot Expansion Construction Engineering Services cnnsuitfnq Engineers PROTECT UNDERSTANDING/APPROACH The City of McHenry's Recreation Center Parking Lot Expansion project is an essential part of the City's investment in the long term facilities plan for an overall City Recreational Campus. The overwhelming popularity of the Recreational Center has demanded the need for an expansion of the existing parking lot. Success of this important project will require an experienced construction services team to effectively communicate and coordinate with City of McHenry staff and various stakeholders during the construction phase to address potential challenges early, promote positive public relations, and keep schedules moving forward. Baxter &Woodman has a strong understanding of the project from our experience providing design services for the Parking Lot Expansion. Our familiarity of the project combined with our qualified team will result in the successful completion of the expansion. We know this project will require special attention to detail and communication, specifically related to maintaining access and limiting disruption to the McHenry Recreational Center. Our proposed team is well suited to stay on top of these crucial aspects of the project from our experience managing a wide range of infrastructure projects including parking lot construction and rehabilitation. Project Manager Craig Mitchell and Resident Engineer Tom Hagerty both have experience working with projects similar to the Recreation Center Parking Lot Expansion, and this experience will help deliver a quality project. Craig serves as Construction Manager on numerous large, complextransportation and infrastructure improvement projects and heads our Construction Services Group. He is knowledgeable of Illinois Department of Transportation policies and procedures for construction inspection, material inspection, contract administration, and project documentation. With a thorough understanding of the importance of communication, Craig strives to keep clients and affiliated project parties updated on construction status and correspondence. Tom has diverse experience working with a wide range of projects in various roles. He understands firsthand now municipal public works and engineering departments operate, and he is well versed in construction based on his experience as Waukegan's Public Works Director. He is proficient in coordinating with contractors, utility companies, construction/project managers, engineers, and owners to resolve project conflicts, minimize delays, maximize cost savings, and facilitate project completion. These skills make him a perfect fit for the Recreation Center Parking Lot Expansion project. Materials testing in compliance with IDOT required QA/QC policies will be performed by our subconsultant, Soil &Materials Consultants, Inc. (SMC), an IDOT certified testing firm. This professional testing firm has staff certified to sample asphalt, concrete, and soils for conformance with the plans and specifications and in accordance with IDOT Bureau of Materials. (Materials testing proposal is included on page 8) c;ty or M�He�,i-y • i�o8izi° BAXTE OODMAN Recreation Center Parking lot Expansion Construction Engineering Services nsulting Engineers SERVICES 1. Act as the Owner's representative with duties, responsibilities and limitations of authority as assigned in the construction contract documents. 2. PROJECT INITIATION (10 xouus) • Prepare Contract Documents, Performance/Payment Bonds, and Notice to Proceed. Review Contractor insurance documents. • Attend and prepare minutes for the preconstruction conference, and review the Contractor's proposed construction schedule, list of subcontractors and material suppliers. 3. CONSTRUCTION ADMINISTRATION (22 xouxs) • Attend one construction progress meeting. • Shop drawing and submittal review by Engineer and Engineer's subconsultants shall apply only to the items in the submissions and only for the purpose of assessing, if upon installation or incorporation in the project, they are generally consistentwith the construction documents. Owner agrees that the contractor is solely responsible for the submissions (regardless of the format in which provided, i.e. hard copy or electronic transmission) and for compliance with the contract documents. Owner further agrees that the Engineer's review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend to safety programs of precautions. Engineer's consideration of a component does not constitute acceptance of the assembled item. • Prepare construction contract change orders and work directives when authorized by the Owner. • Review the Contractor's requests for payments as construction work progresses, and advise the Owner of amounts due and payable to the Contractor in accordance with the terms of the construction contract documents. Assume 2 progress payments. • Research and prepare written response by Engineer to request for information from the Owner and Contractor. • Project Manager or other office staff visit site as needed. • Design staff assistance as needed. • Provide the services of a materials testing company, as a subconsultant, to perform soil and aggregate stability testing, proportioning and testing of the Portland cement concrete and bituminous mixtures in accordance with the IDOT's Bureau of Materials manuals of instructions for proportioning. Review laboratory, shop and mill test reports of materials and equipment furnished by the Contractor. 4. FIELD OBSERVATION &DOCUMENTATION (300 Houxs, FULL TIME) • Engineer's site observation shall be at the times agreed upon with the Owner. Engineer will provide a Resident Engineer at the construction site on a full-time basis of 40 hours per week from Monday through Friday, not including legal holidays, as deemed necessary by the Engineer, to assist the Contractor with interpretation of the Drawings and Specifications, to City of McHenry • 170812.i0 BAXTERAWOODMAN Recreation Center Parking Lot Expansion Construction Engineering Services �" c�n�i"�� �^nrpe�` observe in general if the Contractor's work is in conformity with the Final Design Documents, and to monitor the Contractor's progress as related to the Construction Contract date of completion. Through standard, reasonable means, Engineer will become generally familiar with observable completed work. If Engineer observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and Owner to address. Engineer shall not supervise, direct, control, or have charge or authority over any contractor's work, nor shall the Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the site, nor for any failure of any contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform the work in accordance with the contract documents, which contractor is solely responsible for its errors, omissions, and failure to carry out the work. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or any other person, (except Engineer's own agents, employees, and consultants) at the site or otherwise furnishing or performing any work; or for any decision made regarding the contract documents, or any application, interpretation, or clarification, of the contract documents, other than those made by the Engineer. • Provide the necessary base lines, benchmarks, and reference points to enable the Contractor to proceed with the work. • Keep a daily record of the Contractor's work on those days that the Engineers are at the construction site including notations on the nature and cost of any extra work, and provide daily reports to the Owner of the construction progress. • Inspect, document, and monitor erosion and sediment control practices to ensure conformance with the projects Storm Water Pollution and Prevention Plan. 5. COMPLETION OF PROJECT (12 Houxs) • Provide construction inspection services when notified by the Contractor that the project is complete. Prepare written punch lists during final completion inspections. • Review the Contractor's written guarantees and issue a Notice of Acceptability for the project by the Owner. • Review the Contractor's requests for final payment, and advise the Owner of the amounts due and payable to the Contractor in accordance with the terms of the construction contract documents. 6. PROJECT CLOSEOUT (6 Houxs) • Provide construction -related engineering services including, but not limited to, General Construction Administration and Resident Engineering Services. City of IV1cHenry • 170£312.10 Recreation Center Parking Loi Expansion Construction Engineering Services BAXTE OODMAN eo nsu ttn<; en:o,r F COMPENSATION City of McHenry Plan Number: 170812.60 Plan Name: McHenry Recreation Center Parking Lot Expansion- Construction Services Level 2 Leve13 Emp Work Code Planned Hrs Planned Labor Bill Compensation Fee Consultant Fee Reimb Allowance Total Compensation Overall Project Total 350.00 34,390.00 34,390.00 11475.00 410.00 CS100 Project Initiation 10.00 11580,00 1,580.00 0.00 10.001,5. f36f2790005.00 Tom Hagerty 2.00 180.00 2.00 180.00 Craig Mitchell 8.00 1,400.00 8.00 11400,00 CS105 Construction Administration 22.00 30850,00 31850,00 0.00 0.00 31850.00 Craig Mitchell 22.00 31850,00 22.00 3,850,00 CS110 Field Observation & Documentation 300.00 27,000,00 27,000,00 11475.00 350.00 28,825.00 Tom Hagerty 300.00 27,000,00 300.00 27,000,00 C5140 Project Closeout 18.00 11960.00 11960.00 0.00 50.00 21010,00 Tom Hagerty 14.00 11260,00 14.00 11260,00 Craig Mitchell 4.00 700.00 4.00 700.00 city�r McHenry • izosl�.lo BAXTER�OODMAN Recreation Center Parking Lot Expansion Construction Engineering Services _- ``t°^""""s E"^"1P"' ' SOIL AND MATERIAL CONSULTANTS, INC .J ./, Mr. Matthew Abbeduto, P.E. Baxter & Woodman, Inc. 8840 West 192nd Street Mokena, IL 60448 Dear Mr. Abbeduto: Office: 847-870-0544 Fax: 847-870-0661 us@soil and matenalconsultants.com www.soilandmaterialconsultants.com February 27, 2018 Proposal No, 16,482 Revised Re: Soil and Construction Material Testing Recreational Facility Parking Lot Extension Project McHenry, Illinois We are submitting for your consideration our proposal to provide soil and construction material testing on a will -call basis initiated by your office or representative. Attached is the Schedule of Fees for the requested services. Note that hourly rates are inclusive of mileage and equipment charges. Based on available information and our experience on similar projects, we estimate a charge of $1,475,00 for the anticipated services. Actual billing will be on a unit price basis and you will only be billed for those services actually provided. Final billing may be less than or greater than the estimated charge. Should additional services be requested which are not included within the scope of this proposal, they will be provided at our established unit prices. Thank you for the opportunity of submitting this proposal, which includes the attached General Conditions. If acceptable, please sign and return one copy to our office. Further, please include applicable plans and specifications, if not already submitted. TPJ:dd Proposal Accepted By: Client Street Town Phone ( ) Signature Printed Name Very truly yours, SOIL AND MATERIAL CONSULTANTS, INC. Thomas P. Johnson, P.E. President E-Mail Address State Zip Code Position 8 W. COLLEGE DR. • SUITE C • ARLINGTON HEIGHTS, IL 60004 SOIL BORINGS 'SITE INVESTIGATIONS •PAVEMENT INVESTIGATIONS �► GEOTECHNICAL ENGINEERING TESTING OF a SOIL •ASPHALT c' CONCRETE �- MORTAR "' STEEL City of McHenry 170812.10 BAXTER&COODMAN Recreation Center Parking Lot Expansion Construction Engineering Services Consulting Engineers Proposal No. 16,482 -Revised Re: Recreational Facility Parking Lot Extension Project McHenry, Illinois Page 2 SOIL AND MATERIAL CONSULTANTS, INC. SCHEDULE OF FEES Effective 1-1-18 BITUMINOUS CONCRETE Est. Work Units Fee Cost Field Testing Technician with Nuclear Gauge 8 hours $ 85.00 /hour $ 680.00 (2 days @ 4 hrs. each) 340.00 /day min. Engineering Senior Engineer (P.E.) 1 hours $ 140.00 /hour $ 140.00 - includes project administration, field/laboratory engineering, mix design review, consultation and report review Estimated Cost: $ 820.00 Item Ton HMA Binder Course fait) HMA Surface Course 493 Total: 1109 Billing Notes: Hourly Charges: Portal To Portal Saturdays: Hourly Rate x 1.5 Weekdays over 8 hours/day: Hourly Rate x 1.5 Sundays: Hourly Rate x 2.0 city of McHenry • 170812.10 BAXTE"OODMAN Recreation Center Parking Lot Expansion Construction Engineering Services ''` �`Cnnsulting Engineers Proposal No. 16,482 - Revised Page 3 Re: Recreational Facility Parking Lot Extension Project McHenry, Illinois SOIL AND MATERIAL CONSULTANTS, INC. SCHEDULE OF FEES Effective 1-1-18 PORTLAND CEMENT CONCRETE Field Testina Technician - includes slump, air and cylinders Cylinder Pick-up Laboratory Testing Cylinder Compressive Strength Est. Work Units Fee Cost 5 hours $ 85.00 /hour $ 425.00 340.00 /day min. 2 hours $ 85.00 /hour $ 170.00 4 each $ 15.00 each $ 60.00 Estimated Cost: $ 655.00 Billing Notes: Hourly Charges: Portal To Portal Saturdays: Hourly Rate x 1.5 Weekdays over 8 hours/day: Hourly Rate x 1.5 Sundays: Hourly Rate x 2.0 City of McHenry • 1�o8iz.1° BAXTEOODMAN Recreation Center Parking Lot Expansion Construction Engineering Services -- ``c�n���cin�, Ennineers Proposal No. 16,482 - Revised Page 4 Re: Recreational Facility Parking Lot Extension Project McHenry, Illinois Soil and Material Consultants, Inc. (SMC) scope of work defined in the proposal TERMS AND CONDITIONS was based on information provided by the client. If incomplete, inaccurate or if unexpected site conditions are discovered, the scope of work may change. GEOTECHNICAL INVESTIGATIONS Client will furnish SMC with right -of -access to the site. SMC will take reasonable precautions to minimize site damage due to its operations, but has not included in the fee the cost of restoration of any resulting damage. SMC shall not be liable for damage or injury due to encountering subsurface structures (pipes, tanks, utilities or others) not called to SMC's attention in writing or are not correctly shown on the drawings furnished by client or client's representative. If the client desires, SMC will restore any damage to the site and add the cost of restoration to the fee. Field work, laboratory testing and engineering analysis will be performed in accordance with generally accepted soil and foundation engineering practices. Samples are retained in our laboratory for 30 days from date of report and then destroyed unless other disposition is requested. The data reported applies only to the soils sampled and the conditions encountered at each boring location. This does not imply or guarantee that soils between borings will be identical in character. Isolated inclusions of better or poorer soils can be found on any site. SMC will not be liable for extra work or other consequences due to changed conditions encountered between borings. Any exploration, testing and analysis associated with the investigation will be performed by SMC for the client's sole use to fulfill the purpose of this Agreement. SMC is not responsible for use or interpretation of the information by others. The client recognizes that subsurface conditions may vary from those encountered in borings or explorations. Information and recommendations developed by SMC are based solely on available information and for the currently proposed improvement. TESTING SERVICES Client shall furnish SMC with at least one working days notice on any part-time (less than 8 hours/day) job when field personnel are requested. SMC shall make reasonable effort to provide field personnel in a timely manner but reserves the right to schedule field personnel as deemed appropriate. Minimum charges will be billed when work cancellations are received after field personnel have left for the project site. SMC personnel will provide a professional service based on observations and testing of the work of a contractor, subcontractor, or other service/material provider, as specifically requested. SMC field personnel will look for general conformance with project specifications, plans and/or soil report but does not accept the responsibility to control or direct the work of others. Discrepancies noted by SMC office or field personnel will be referred to client or client's representative. Testing Services furnished by SMC are defined as the taking of soil and/or material tests at various locations and the making of visual observations relating to earthwork, foundations, and/or materials as specifically requested by the client and agreed to by SMC, and will be limited to those specifically agreed services. Such services will be performed by SMC using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of the profession practicing in this or similar localities. implies sub Documents including but not limited to technical reports, orig Soil and Material Consultants, Inc. is a Professional Engineering Corporation. Engineering services are often completed by extension through technical staff. The unit rates presented in this proposal do not reflect charges associated with organized labor. Future agreements, if any, with organized labor will invalidate some of the unit rates presented. Required rate adjustments will be presented to the client for acceptance prior to providing services at the adjusted rates. Services are invoiced monthly for the preceding period. Client agrees to pay each invoice within thirty (30) days of receipt and further agrees to pay interest on all amounts not paid at the rate of 2.0% per month, an annual rate of 24%, from the due date. Client agrees to pay all reasonable costs of collection including staff time, court costs, Attorneys' fees and related expenses, if this account becomes delinquent. Client agrees that reports furnished to the client but not paid for in full remain the sole property of SMC and will not be used for design, construction, permits, licensing, sales or other gain. City of McHenry • i�o�i2.lo BAXTER�'''` OODMAN Recreation Center Parking Lot Expansion Construction Engineering Services Consulting Ennineers PROIECT SCHEDULE Preconstruction Meeting Start Construction Completion Date Mid -April, 2018 May 1, 2018 June 15, 2018 acyofM�He�,�-y• i�o8iz.i° BAXTE�OODMAN Recreation Center Parking Lot Expansion Construction Engineering Services -- `` u tinq F.nQ I e�j PROTECT TEAM &AVAILABILITY Baxter & Woodman is committed to serving the City of McHenry. We have considered the impact this project will have on the workload of our staff. Workload responsibilities of all proposed team members have been reviewed, and we believe that the team presented in this statement can fully accept the responsibility of your project. We are happy to provide additional detailed workload information on specific team members at your request. k �% . VOO McHer� LOU HAUSSMANN, PE, PTOE Principal in Charge DAN SCHUG, PE Design Advisor CRAIG MITCHELL, PE Project Manager TOM HAGERTY Resident Engineer City of McHenry • voaiz.io BAXTEOODMAN Recreation Center Parking Lot Expansion Construction Engineering Services __ ``«I»U t n? U CRAIG MITCHELL, PE - Project Manager • 29 years of construction engineering experience • B.S., Civil Engineering, Iowa State University • Licensed Professional Engineer: Illinois • Leads the Baxter & Woodman's Construction Services Group • Experience ranges from federal and municipal funded roadway and bridge construction/rehabilitation and infrastructure projects TOM HAGERTY -Resident Engineer urb an/rural numerous • 25 years of construction management experience • Experience includes addressing challenges such as utility conflicts in a timely manner, and coordination with local agencies, utilities, and water/ sewer districts • Supervised road construction projects for IDOT, Tollway, County and Municipal clients • Recently served as Resident Engineer for the Village of Bull Valley's Crystal Springs Road/Bull Valley Road (West) Rehabilitation DAN SCHUG, PE -Design Advisor • 11 years of municipal client service and transportation engineering expertise • B.S., Civil Engineering, Marquette University • Licensed Professional Engineer: Illinois • Served as Project Manager for Recreation Center Parking Lot Expansion Design and numerous parking lot modifications, including resurfacing, removals and replacements, and expansions for numerous communities including Grayslake and South Elgin LOU HAUSSMANN, PE, PTOE -PRINCIPAL IN CHARGE • 21 years of transportation engineering experience • M.S., Civil Engineering, University of Illinois atUrbana-Champaign • B.S., Civil Engineering, University of Illinois at Urbana -Champaign • Licensed Professional Engineer: Illinois • Certified Professional Traffic Operations Engineer • Vice President and COO of Baxter & Woodman, Inc. • Client Services Manager providing engineering expertise to communities local C�cyofM�He�,�-y•i�obi�.lo BAXTE OODMAN Recreation Center Parking Lot Expansion Construction Engineering Services � ��»���'�� �'�������^ PROPOSAL CERTIFICATION FORM Certification I hereby certify that the information contained in this Proposal, including all attachments thereto, is true and accurate to the best of my knowledge. Name: Signature: Title: Firm: Date: Louis D. Hausmann Executive Vice President/CO Baxter &Woodman. Inc. February 27. 201 i3 city of M�He��-y • 1�os12.lo BAXTE•RINOODMAN Recreation Center Parking lot Expansion Construction Engineering Services �`t�nsu�cinn �n���n�� City of McHenry Professional Services Contract Professional Services Contract Between The City Of McHenry And Baxter and Woodman, Inc. For Professional Engineering Services For Recreation Center Parking Lot Expansion (Construction Engineering Services) Revised 5/22/17 City of McHenry Professional Services Contract Professional Services Contract Between The City of McHenry And Baxter and Woodman, Inc. For Professional Engineering Services For Recreation Center Parking Lot Expansion (Construction Engineerinices g Serv) TABLE OF CONTENTS ARTICLE1. THE SERVICES........................................................................................................ l 1.1 Intent........................................................................................................................1 1.2 Services. 9 * a 6 a 6 9 0 0 8 0 9 0 6 6 a 0 0 0 9 0 * * 0 a 9 0 a 0 & 9 0 0 0 s 0 0 9 9 * 6 8 0 a I a a # a 9 9 q 0 0 * 1 0 0 0 0 0 * 9 0 6 * a 9 w 0 6 a 0 9 0 a 8 0 a 0 a 0 0 0 0 w & 0 0 0 a s 0 0 1.3 Project Time............................................................................................................1 1.4 Term; Extensions. . 9 4 & a 0 0 0 a a 0 0 0 4 a a 6 & 9 0 6 a 0 0 0 a a 6 6 0 * & 8 6 0 0 a a 6 a * 6 6 a 0 w a a l 1.5 Other Contracts........................................................................................................1 1.6 Responsibility of Consultant to Perform.................................................................1 1.7 Financial Ability to Perform. .... 0 04664 0 00 as 80606* a 0 0 0 ease 00*9 00008* a***&@ 2 ARTICLE 2. COMPENSATION AND PAYMENT...................................................................... 2 2.1 Pricing Schedule...................................................................................................... 2 2.2 Monthly Payment; Invoices.....................................................................................2 2.3 Taxes........................................................................................................................2 2.4 Final Payment. 2.5 Deductions. 0 * a a a a 6 0 a 6 0 6 a 6 0 a 0 * 0 6 0 4 a a 0 0 4 a a 0 8 0 0 0 3 2.6 Use of Deducted Funds........ 6 0 0 06*00 0 sees 0 0 060 0 0060000600 0 a & 0 0 * * 6 a & 4 0 A 6 6 6 0 3 2.7 Keeping Books and Accounts.................................................................................0 3 ARTICLE 3. PERFORMANCE OF SERVICES............................................................................3 3.1 Standard of Performance......................................................................................... 3 3.2 Correction of Defects............................................................................................... 3 3.3 Risk of Loss............................................................................................................. 3 3.4 Opinions of Probable Cost.......................................................................................4 3.5 City Responsibilities................................................................................................4 3.6 Time of the Essence..... 0009906*9994 a 0*00 0 8 0 sees 0 9 0 * a a 0 0 6 * a 0 a * a * 0 0 0 8 0 w 9 0 0 a * 0 & 0 0 0 w a 0 0 9 9 a 4 0 0 & a a 0 0 0 a a 0 9 a a 0 9 0 0 0 0 0 * 9 0 0 0 w V5 Revised 5/22/17 City of McHenry Professional Services Contract 3.7 Suspension of Services............................................................................................ 5 ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS............................................................ 5 4.1 Services Change Orders..........................................................................................5 4.2 Revision Notices. . a a 6 6 a 0 0 0 a 0 a 0 0 0 0 0 a a 4 0 0 0 6 a 0 0 0 a 6 6 a 0 9 a 0 0 0 6 0 0 0 0 0 0 6 6 5 4.3 No Change in Absence of Services Change Order..................................................5 4.4 Delays...................................................................................................................... 5 ARTICLE5. INSURANCE............................................................................................................6 5.1 insurance. . 0 0 0 0 0 0 0 0 a 0 0 0 0 a 8 a a 0 0 0 0 6 6 # a 0 0 0 0 & 6 a 0 0 0 0 a a a 0 0 0 a 0 0 6 6 a & 0 0 0 0 0 a 0 0 0 0 a s 0 6 a 0 9 0 0 a 0 a I a 6 4 0 0 0 a a a a a 0 0 a 6 Minimum Limits of 5.2 Scope of Coverage, Coverage.................................................6 5.3 Deductibles and Self -Insured Retentions...............................................................5 6 5.4 Additional Requirements........................................................................................06 5.5 Verification of Coverage.........................................................................................7 5.6 Sub -Consultants and Suppliers................................................................................8 ARTICLE6. INDEMNIFICATION............................................................................................... 8 6.1 Agreement to Indemnify.......................................................................................... 8 6.2 No Limit Based on Insurance.................................................................................. 8 6.3 Withholding Payment..............................................................................00.0......0.....8 6.4 Limit on Duty to Indemnify..................................................................................... 8 ARTICLE7. ARBITRATION........................................................................................................ 8 7.1 Arbitration............................................................................................................... 8 ARTICLE8. TERMINATION.......................................................................................................9 8.1 Contract is At-Will..................................................................................................9 8.2 Termination by City for Breach.. **a******** 8 @sets 0 bass 0 0 04099*0 0 09900 0 0 090*09906*0900 0 go*** 0 0 0 8"Of 9 8.3 City Remedies. . 0 a 0 a s & & 0 9 0 6 a 00000*8 000 0 a 9 a&@ of** a *&*9900 so 9 8.4 Termination by Consultant for Breach, 9 ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS .........................9 9.1 Consultant as Independent Consultant.................................................................... 9 9.2 Compliance with Laws; Communications with Regulators .................................... 9 9.3 Permits and Licenses............................................................................................a 10 9.4 Safety; Hazardous Materials..................................................................................10 9.5 Ownership of Data and Documents.......................................................................10 9.6 Notices. . 0 a a 0 0 0 0 6 0 0 4 A a a & a a a a a 0 4 a 0 a a a 0 9 0 0 a 0 0 0 6 a 0 0 0 4 a 8 0 0 0 a & 6 & 0 a 0 a a 0 0 0 6 # a 0 0 a a 4 0 0 0 6 a 0 a 0 a 6 0 0 4 0 a a 4 0 a a a 4 0 0 a 6 a a 0 a & a a 0 0 & a 0 0 0 0 a 0 0 0 9 6 10 9.7 No Waiver by City................................................................................................010 9.8 No Third -Party Beneficiaries.................................................................................11 Revised 5/22/17 City of McHenry Professional Services Contract 9.9 Survival of Terms..................................................................................................11 9.10 Assignments..........................................................................................................11 9.11 Amendments..........................................................................................................11 9.12 Governing Law......................................................................................................11 9.13 Compliance with Laws, Grant Regulations...........................................................11 9.14 Representation of No Conflicts.............................................................................11 9.15 No Collusion. . 0 0 0 * * 6 a a a * 0 a 6 a a 0 8 0 & 0 0 & & 6 6 & a a 0 a a M & & 8 0 0 0 a 6 0 6 a & & Revised 5/22/17 City of McHenry Professional Services Contract Professional Services Contract Between The City of McHenry And Baxter and Woodman, Inc. For Professional Engineering Services For Recreation Center Parking Lot Expansion (Construction Engineering Services) This cUlltract (the "Contract") is dated as of March 19th, 2018 (the "Effective Date") and is by and between the City of McHenry, an Illinois municipal corporation, (the "City") and Baxter and Woodman, Inc. (the "Consultant"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1.1 parties. 1.2 "Services"): ARTICLE 1. THE SERVICES Intent. It is the intent of the parties that this Contract govern the relationship of the Services. The Consultant will perform for the City the following services (the Proposed Scope of Services is identified on Pages 4-6 of Baxter and Woodman, Inc. "Services" section included in attached Proposal. 1.3 Project Time. The Services will be performed according to the following schedule ("Project Schedule"): Proposed Schedule is identified on Page 12 of Baxter and Woodman, Inc. "Project Schedule" section included in attached Proposal. The Services will be completed on or before September 14, 2018 (the "Completion The Completion Date shall be effective for substantial completion all design services. Bidding Services and Construction Support shall be completed after the date of substantial completion in coordination with construction of the project. 1.4 Term: Extensions. This Contract commences on the Effective Date and terminates on Apri130, 2019 unless terminated earlier pursuant to Article 8 of this Contract (the "Term"). All terms of this Contract, including without limitation pricing terms, are firm during the Term, unless as embodied in an amendment to this Contract in accordance with Section 9.15. The Parties may extend this Contract for two additional one-year periods (each an "Extended Term"). Pricing terms may be adjusted by written agreement at the beginning of an Extended Term. 1.5 Other Contracts. The City may enter into agreements with other consultants, pursuant to which the City may award work from time to time at the City's discretion. 1.6 Responsibilityof Consultant to Perform. The Consultant must provide all personnel -1- City of McHenry Professional Services Contract necessary to complete the Services. The Consultant must perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the City in writing. All sub -consultants and supplies used by the Consultant in the performance of Services must be acceptable to, and approved in advance by, the City. The City's approval of any sub -consultant or supplier will not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services in full compliance with, and as required by or pursuant to, this Contract. All Services performed by any sub -consultant or supplier are subject to all of the provisions of this Contract in the same manner as if performed directly by the Consultant. If any sub -consultant or supplier fails to properly perform any Services undertaken by it in compliance with this Contract, then the Consultant, immediately on notice from the City, must remove that sub -consultant or supplier and undertake the Services itself or replace the sub - consultant or supplier with a sub -consultant or supplier acceptable to the City. The Consultant will have no claim for damages, for compensation in excess of the Compensation, or for delay or extension -of the Project Schedule as a result of any such removal or replacement. 1.7 Financial Ability to Perform. When executing this Contract, the Consultant represents and declares that it is financially solvent, has the financial resources necessary, has sufficient experience and competence, and has the necessary capital, facilities, organization, and staff necessary to provide, perform, and complete the Services set forth in this Contract in full compliance with, and as required by or pursuant to, this Contract. ARTICLE 2. COMPENSATION AND PAYMENT 2.1 Pricing Schedule. As compensation for the performance of the Services ("Compensation"), the City will pay the Consultant the following amounts and in the following manner: Proposed Pricing is identified on Pages 7-11 of Baxter and Woodman, Inc. "Compensation" section included in attached Proposal. Except for the Compensation, the City will have no liability for any expenses or costs incurred by the Consultant. 2.2 MonthlPyment; Invoices. The Compensation will be paid in monthly installments. The Consultant must submit to the City, on a monthly basis, a written invoice for payment for completed work. The City may specify the specific day of the month on or before which invoices must be filed. Each invoice must be accompanied by receipts, vouchers, and other documents as necessary to reasonably establish the Consultant's right to payment of the Compensation stated in the invoice. In addition, each invoice must include (a) employee classifications, rates per hour, and hours worked by each classification and, if the Services are to be performed in separate phases, for each phase, (b) total amount billed in the current period and total amount billed to date and, if the Services are to be performed in separate phases, for each phase, and (c) the estimated percent completion of the Services and, if the Services are to be performed in separate phases, for each phase. 23 Taxes. The Compensation includes applicable federal, State of Illinois, and local taxes of every kind and nature applicable to the services provided by the Consultant and all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. The Consultant will never have a claim or right to claim additional -2- City of McHenry Professional Services Contract compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees. 2.4 Final Payment. The Services will be considered complete on the date of final written acceptance by the City of the Services or the relevant phase of the Services. Services related to a submission of the Consultant will be deemed accepted by the City if the City does not object to those Services in writing within 30 days after the submission by the Consultant of an invoice for final acceptance and payment The City will make final payment to the Consultant within 30 days after I inal acceptance of the Services, after deducting therefrom charges, if any, as provided in this Contract ("Final Payment"). The acceptance by the Consultant of Final Payment will operate as a full and complete release of the City by the Consultant of and from any and all lawsuits, claims, or demands for further payment of any kind for the Services encompassed by the Final Payment. 2S Deductions. Notwithstanding any other provision of this Contract, the City may deduct and withhold from any payment or from Final Payment such amounts as may reasonably appear necessary to compensate the City for any loss due to (1) Services that are defective, nonconforming, or incomplete, (2) liens or claims of lien, (3) claims against the Consultant or the City made by any of the Consultant's sub -consultants or suppliers or by other persons about the Services, regardless of merit, (4) delay by the Consultant in the completion of the Services, the cost to the City, including without limitation reasonable attorneys' fees, of enforcing the terms of this Contract. The City will notify the Consultant in writing of the City's determination to deduct and withhold funds, which notice will state with specificity the amount of, and reason or reasons for, such deduction and withholding. 2.6 Use of Deducted Funds. The City will be entitled to retain any and all amounts withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations in question or has furnished security for that performance satisfactory to the City. The City will be entitled to apply any money withheld or any other money due to the Consultant to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, and reasonable attorneys' fees (collectively "Costs") incurred, suffered, or sustained by the City and chargeable to the Consultant under this Contract. 2.7 Keeping Books and Accounts. The Consultant must keep accounts, books, and other records of all its billable charges and costs incurred in performing Services in accordance with generally accepted accounting practices, consistently applied, and in such manner as to permit verification of all entries. The Consultant must make all such material available for inspection by the City, at the office of the Consultant during normal business hours during the Term and for a period of five years after termination of this Contract. Copies of such material must be furnished to the City at the City's request and expense. ARTICLE 3. PERFORMANCE OF SERVICES 3.1 Standard of Performance. The Consultant must perform the Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the Chicago Metropolitan Region ("Standard of Performance"). The Consultant is fully and solely responsible for the quality, technical accuracy, completeness, and coordination of all Services. All plans and other documents furnished by the Consultant shall be endorsed and stamped with professional seals when such seals are required by law. -3- City of McHenry Professional Services Contract 3.2 Correction of Defects. The Consultant must provide, for no additional Compensation and at no separate expense to the City, all work required to correct any defects or deficiencies in the performance of Services, regardless of whether the defect or deficiency relates to the work of the Consultant or of the Consultant's sub -consultants or suppliers. 33 Risk of Loss. The Consultant bears the risk of loss in providing all Services. The Consultant is responsible for any and all damages to property or persons arising from any Consultant error, omission, or negligent act and for any losses or costs to repair or remedy any work undertaken by the City based on the Services as a result of any such error, omission, or negligent act. Notwithstanding any other provision of this Contract, the Consultant's obligations under this Section 3.3 exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of the City or the Consultant, to indemnify, hold harmless, or reimburse the Consultant for damages, losses, or costs. 34 Opinions of Probable Cost. The Parties recognize that neither the Consultant nor the City has control over the costs of labor, materials, equipment, or services furnished by others or over competitive bidding, market or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, any opinions of probable costs provided under this Contract are considered to be estimates only, made on the basis of the Consultant's experience and qualifications, and those opinions represent the Consultant's best judgment as an experienced and qualified professional, familiar with the industry. The Consultant does not guaranty that proposals, bids, or actual costs will not vary from the opinions prepared by the Consultant. 3S City Responsibilities. The City, at its sole cost and expense, will have the following responsibilities: (a) To designate in writing a person with authority to act as the City's representative with respect to the Services. In the absence of a written designation, the Citys representative will be the City Administrator. The City's representative will have the authority to act on behalf of the City except on matters that require approval of the City Council. (b) To provide to the Consultant all criteria and information about the requirements for the Services, including, as relevant, the City's objectives and constraints, schedule, space, capacity and performance requirements, and budgetary limitations. (c) To provide to the Consultant existing studies, reports, and other available data relevant to the Services. (d) To arrange for access to, and make provisions for the Consultant to enter on, public and private property as reasonably required for the Services. (e) To provide, as relevant, surveys describing physical characteristics, legal limitations, and utility locations for the Services and the services of other consultants when the services of other consultants are requested by the Consultant and are necessary for the performance of the Services. (t) To provide structural, mechanical, chemical, air and water tests, tests for hazardous materials, and other laboratory and environmental tests, inspections, and reports required by law to be provided by the City in connection with the Services, except the extent such tests, inspections, or reports are part of the Services. -4- City of McHenry Professional Services Contract (g) To review reports, documents, data, and all other information presented by the Consultant as appropriate. (h) To provide approvals from all governmental authorities having jurisdiction over the Services when requested by the Consultant, except the extent such approvals are part of the Services. To provide, except as provided under Article 5 and Article 6 of this Contract, all accounting, insurance, and legal services as may be necessary from time to time in the judgment of the City to protect the City's interests with respect to the Services. � To attend meetings related to the Services. (k) To give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of any development that affects the scope or timing of Services, except that the inability or failure of the City to give any such a notice will not relieve the Consultant of any of its responsibilities under this Contract. 3.6 Time of the Essence. Time is of the essence for the Services and all activities with regard to the performance of the Services. 3.7 Suspension of Services. The City, at any time and for any reason, may suspend work on any or all Services by issuing a written work suspension notice to the Consultant. The Consultant must stop the performance of all Services within the scope of the suspension notice until the City directs the Consultant in writing to resume performance. ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS 4.1 Services Change Orders. The City, from time to time, may issue a written order modifying or otherwise changing the scope of the Services included in a Services Change Order (a "Services Change Order"). Any Services Change Order in an amount exceeding $10,000 must be approved by the City Council. The Services Change Order will be generally in the form attached to and by this reference incorporated into this Contract as Attachment A. The Consultant may request a Services Change Order based on a claimed material change to any Services performed under this Contract. A Services Change Order may include additions to and deletions from the Services and will include requested equitable increases or decreases to the Compensation. 42 Revision Notices. Within three (3) days after the date of a Services Change Order, and in any event before the Consultant begins work on any changed Services, the Consultant must notify the City in writing if the Consultant desires a revision to the Services Change Order (a "Revision Notice"). The Revision Notice must clearly state the Consultant's requested revisions and the reasons for the revisions. If the City agrees to any revision, then the City will issue a revised Services Change Order in a form acceptable to the Parties. If the Consultant does not submit a Revision Notice within the (3) -day period, then the Consultant will be deemed to have accepted the Services Change Order and the Services Change Order will be final. 43 No Change in Absence of Services Change Order. No claim for an adjustment in Compensation or Project Schedule will be made or allowed unless it is embodied in a Services Change Order signed by the City and the Consultant. If the Consultant believes it is entitled to an adjustment in the Compensation or Project Schedule terms that has not been included, or fully included, in a Services Change Order, then the Consultant may submit to the City a written request -5- City of McHenry Professional Services Contract for the issuance of, or revision of, a Services Change Order including the desired adjustment. The Consultant's request must be submitted before the Consultant proceeds with any Services for which an adjustment is desired. 4.4 Delays. If a delay in providing Services results from one or more causes that could not be avoided or controlled by the Consultant, then the Consultant may be entitled to an extension of the Project Schedule for a period of time equal to that delay, or an adjustment in Compensation for extra costs related to the delay, or both. The Consultant must notify the City in writing within 3 days after the start of the delay and again in writing within 3 days after the delay has ended (the 'Delay Period'). The first notice must state the cause or causes of the delay and the impact of the delay on providing Services. The second notice must state the cause or causes of the delay, the length of the day, the reasons why the delay disrupted performance of the Services and the Consultant's request, if any, for a change in Compensation or Project Schedule. If the Consultant fails to submit notices as provided in this Section 4.5, then the Consultant will be deemed to have waived any right to an adjustment in Compensation for the Services. ARTICLE 5. INSURANCE 5.1 Insurance. The Consultant must procure and maintain, for the duration of this Contract, insurance as provided in this Article 5. 52 Scope of Coverage,• Minimum Limits of Coverage. (a) Commercial General Liability. Insurance Services Office ("ISO"), or reasonable equivalent, Commercial General Liability occurrence form CG 0001, with the City and its officials, officers, employees, and agents named as additional insured on Insurance Service Office (ISO) Additional Insured Endorsement CG 2010 (Exhibit A) or CG 2026 (Exhibit B). Coverage must be at least $1,000,000 combined single limit per occurrence for bodily injury and for property damage and $1,000,000 per occurrence for personal injury. The general aggregate must be twice the required occurrence limit. Minimum General Aggregate must be no less than $2,000,000 or a project- contract specific aggregate of $1,000,000. (b) Automobile Liability. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto." Coverage must be at least $1,000,000 combined single limit per accident for bodily injury and property damage. (c) Professional Liability. Indemnification and for injury or damage arising out of negligent acts, errors, or omissions in providing professional services, including without limitation: (i) preparing, approving, or failure to prepare or approve maps, drawings, opinions, report, surveys, designs or specifications and (ii) providing direction, instruction, supervision, inspection, or engineering services or failing to provide them, if that is the primary cause of injury or damage. Coverage must be at least $1,000,000 each claim with respect to negligent acts, errors, and omissions in connection with all professional services to be provided under this Contract. (d) Workers' Compensation and Employers' Liability. Workers' Compensation as required by the Workers' Compensation Act of the State of Illinois and Employers' Liability insurance. Coverage must be at least Workers' Compensation Coverage with statutory limits and Employers' Liability limits of $500,000 per accident. 53 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either the insurer must reduce or eliminate such deductibles or self -insured retentions with respect to the City and its officials, -6- City of McHenry Professional Services Contract officers, employees, and agents or the Consultant must procure a bond guaranteeing payment of losses and related investigation, claim administration, and Consultant defense expenses. 5.4 Additional Requirements. The insurance policies must contain, or be endorsed to contain, the following provisions: (a) Commercial General Liability and Automobile Liability Coverage. The City and its officials, officers, employees must be covered as additional insured as respects: liability arising out of the Consultant's work, including without limitation activities performed by or on behalf of the Consultant and automobiles owned, leased, hired, or borrowed by the Consultant. Coverage must contain no special limitations on the scope of protection afforded to the City or its officials, officers, employees, and agents. (b) Primary Coverage. The insurance coverage must be primary with respect to the City and its officials, officers and employees. Any insurance or self-insurance maintained by the City and its officials, officers, employees, and agents will be excess of the Consultant's insurance and will not contribute with it. (c) Severability of Interests/Cross Liability. The insurance must contain a Severability of Interests/Cross Liability clause or language stating that the insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ability. (d) Umbrella Policies. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Consultant must name the City and its officials, officers and employees, as additional insured under the umbrella policy. (e) Occurrence Form. All general liability coverage must be provided on an occurrence policy form. Claims -made general liability policies are not acceptable. (t} Workers' Compensation and Employers' Liability Coverage. The insurer must agree to waive all rights of subrogation against the City and its officials, officers, employees, and agents for losses arising from work performed by the Consultant. (g) Professional Liability. If the policy is written on a claims -made form, the retroactive date must be equal to or preceding the effective date of this Contract. If the policy is cancelled, non - renewed, or switched to an occurrence form, then the Consultant must purchase supplemental extending reporting period coverage for a period of not less than three years after the date of substantial completion. (h) All Coverage. Each insurance policy required must have the City expressly endorsed onto the policy as a Cancellation Notice Recipient. If a policy is canceled before the expiration date of that policy, then notice must be delivered to the City in accordance with the policy provisions prior to the expiration date. (17 Acceptability of Insurers. Insurance must be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. Waiver of Limitation. The Consultant hereby agrees to waive any limitation as to the amount of contribution recoverable against it by the City. This specifically includes any limitation -7- City of McHenry Professional Services Contract imposed by any state statute, regulation, or case law including any Workers' Compensation Act provision that applies a limitation to the amount recoverable in contribution, such as Kotecki v. Cyclops Welding. Each sub -consultant also must agree to this waiver. 55 Verification of Coverage. The Consultant must furnish the City with certificates of insurance naming the City and its officials, officers, employees, and agents as additional insured and with original endorsements affecting coverage required by this Article 5. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the City or may be ISO Additional Insured Endorsements CG 2010 or CG 2026, or reasonable equivalent, and in any event must be received and approved by the City before any work commences. The City reserves the right to request a full certified copy of each insurance policy and endorsement. 5.6 Sub -Consultants and Suppliers. The Consultant must include all sub -consultants as insured under its policies or must furnish separate certificates and endorsements for each sub - consultant. All coverage for sub -consultants are subject to all of the requirements stated in this Article 5. ARTICLE 6. INDEMNIFICATION 6.1 Agreement to Indemnify. To the fullest extent permitted by law, the Consultant hereby agrees to indemnify and, at the City's request, defend the City and its officials, employees, agents, and representatives (collectively the "Indemnified Parties") against all injuries, deaths, loss, damages, claims, patent claims, lawsuits, liabilities, judgments, costs, and expenses, including attorney fees incurred by the City (collectively "Claims"), that may in any way accrue against the Indemnified Parties or any one of them arising in whole, or in part, or in consequence of the negligent or intentionally tortious performance of any services by the Consultant or its employees or sub - consultants or that may in any way result therefrom, except only Claims arising out of the sole legal cause of the City. In addition, Consultant hereby agrees to indemnify the City with regard to any damages, costs and expenses, including attorney fees incurred by the City for any failure by the Consultant to comply with insurance reporting provisions of any Consultant insurance policy adversely affecting coverage provided to the indemnified parties. 62 No Limit Based on Insurance. The Consultant expressly acknowledges and agrees that any performance bond or insurance policy required by this Contract, or otherwise provided by the Consultant, will in no way limit the responsibility to indemnify and defend the Indemnified Parties or any one of theirs. 63 Withholding Payment. To the extent that any payment is due to the Consultant under this Contract, the City may withhold that payment to protect itself against any Indemnified Claims until all claims, suits, or judgments have been settled or discharged and evidence to that effect has been furnished to the satisfaction of the City. 64 Limit on Duty to Indemnify. The Consultant is not required to indemnify an Indemnified Party to the extent a Claim resulted solely from the negligence or willful misconduct of the Indemnified Party. -8- City of McHenry Professional Services Contract ARTICLE 7. ARBITRATION 7.1 Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, as determined in the exclusive discretion of the City, at 333 N. Green St. McHenry, Illinois, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree that an arbitration award by default may be entered upon the party failing to appear or defend itself in any arbitration proceeding. In the event of any arbitration or litigation of this Contract, the non -prevailing party, as determined by the arbiter or court, shall pay all expenses incurred by the prevailing party, including, but not limited to (a) attorney's fees, (b) filing costs, (c) witness fees, and (d) other general expenses of arbitration or litigation. ARTICLE 8. TERMINATION 8.1 Contract is At -Will. This Contract is at -will and may be terminated by the City at any time at the City's convenience, without reason or cause. If the City terminates this Contract without reason or cause, then the Consultant will be entitled to Compensation for all Service performed by the Consultant up to the date of termination. The Consultant is not entitled to any consequential damages, including without limitation for lost profit, for any Services not performed by the Consultant. 82 Termination by City for Breach. The City at any time, by written notice providing Consultant with 10 days' to cure any alleged breach hereof, may terminate this Contract of breach by the Consultant and of one or more terms of this agreement. "Breach" by the Consultant includes (a) failure of the Consultant to adhere to any terms or conditions of this Contract, (b) failure of the Consultant to properly perform Services, (c) or failure of the Consultant to maintain progress in the performance of Services so as to endanger proper performance of the Services within the Project Schedule, (d) failure of the Consultant to have or maintain adequate resources to complete any Services. 83 City Remedies. If the City terminates this Contract for Breach by the Consultant, then the City will have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies. (a) The City may recover from the Consultant any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. (b) The City may withhold any or all outstanding Compensation to reimburse itself or pay for any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. In that event, the City will pay any excess funds to the Consultant, if any, after all of the City's costs are reimbursed or paid. If the Compensation withheld by the City is insufficient to reimburse the City for, or pay, all costs, then the City will has the right to recover directly from the Consultant a sum of money sufficient to reimburse itself, or pay, all remaining costs. -9- City of McHenry Professional Services Contract 8.4 Termination by Consultant for Breach. The Consultant at any time, by written notice, terminate this Contract on account of failure by the City to properly pay the Consultant and failure of the City to cure the breach within 10 days after that written notice or such further time as the Consultant may agree, in the Consultant's sole discretion, in response to a written notice from the City seeking additional time to cure. ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS 9.1 Consultant as Independent Consultant. For purposes of this Contract, the Consultant is an independent consultant and is not, and may not be construed or deemed to be an employee, agent, or joint venturer of the City. 9.2 Communications with Re ulg ators. Any written communication by Consultant directly with applicable governmental regulatory agenci dies with regard to Services shall be copied to the City. 93 Permits and Licenses. The Consultant must obtain and pay for all permits and licenses, registrations, qualifications, and other governmental authorizations required by law that are associated with the Consultant's performance of Services. 9.4 Safety; Hazardous Materials. (a) Protection of Health, Environment. The Consultant's personnel must be experienced and properly trained to perform the Services and must take adequate precautions to protect human health and the environment in the performance of Services. (b) Notice of Hazardous Conditions. If the Consultant observes a potentially hazardous condition relating to the Services, then the Consultant must bring that condition to the attention of the City. (c) Hazardous Materials. The Consultant acknowledges that there may be hazardous substances, wastes, or materials as defined by applicable Law ("Hazardous Materials") at a project site or otherwise associated with Services, and the Consultant under those circumstances must take appropriate precautions to protect its employees, sub -consultants, and suppliers. 9.5 Ownership of Data and Documents. All data and information, regardless of its format, developed or obtained under this Contract (collectively "Data"), other than the Consultant's confidential information, will be and remain the sole property of the City. The Consultant must promptly deliver all Data to the City at the City's request. The Consultant is responsible for the care and protection of the Data until that delivery. The Consultant may retain one copy of the Data for the Consultant's records subject to the Consultant's continued compliance with the provisions of this Article. The City hereby indemnifies the Consultant for damages caused by the City's misuse or reuse of Data not originally intended. 9.6 Notices. Any notice or communication required by this Contract will be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail, postage prepaid, with the U.S. Postal Service and addressed as follows: -10- City of McHenry If to the City: City Administrator City of McHenry 333 S. Green Street McHenry, Illinois 60050 If to the Consultant: Professional Services Contract with a copes Public Works Director Public Works Department 1415 Industrial Drive McHenry, Illinois 60050 with a copy to: or to such other address as the party to whom notice is to be given has furnished in writing. 9.7 No Waiver b�,ty_. No act, order, approval, acceptance, or payment by the City, nor any delay by the City in exercising any right under this Contract, will constitute or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming, or incomplete Services or operate to waive any requirement or provision of this Contract or any remedy, power, or right of the City. 9.8 No Third -Party Beneficiaries. This Contract is for the benefit of the City and the Consultant only and there can be no valid claim made or held against the City or the Consultant by any third party to be a beneficiary under this Contract. 9.9 Survival of Terms. The following sections will survive the termination of this Contract: 2.7, 3.2, 6.1, 8.4, 9.7, 9.8, and 9.9. 9.10 Assignments. The Consultant may not assign or transfer any term, obligation, right, or other aspect of this Contract without the prior express written consent of the City. If any aspect of this Contract is assigned or transferred, then the Consultant will remain responsible to the City for the proper performance of the Consultant's obligations under this Contract. The terms and conditions of any agreement by the Consultant to assign or transfer this Contract must include terms requiring the assignee or transferee to fully comply with this Contract unless otherwise authorized in writing by the City. 9.11 Amendments. This Contract may be amended only in writing executed by the City and the Consultant. 9.12 Governin .� Law. The validity, construction, and performance of this Contract and all disputes between the parties arising out of or related to this Contract will be governed by the laws of the State of Illinois without regard to choice or conflict of law rules or regulations. 9.13 Compliance with Laws, Grant Regulations. All Services must be provided, performed, and completed in accordance with all applicable governmental permits, licenses, or other approvals and authorizations, and with applicable statutes, ordinances, rules, and regulations. The Consultant also must comply with applicable conditions of any federal, state, or local grant received by the City with respect to this Contract. The Consultant will be solely responsible for any fines or penalties that may be imposed or incurred by a governmental agency with jurisdiction over the Services as a result of the Consultant's improper performance of, or failure to properly perform, any Services. -11- City of McHenry Professional Services Contract 9.14 Representation of No Conflicts, The Consultant represents that, to the best of its knowledge, (1) no City employee or agent is financially interested, directly or indirectly, in the business of the Consultant or this Contract, (2) as of the Effective Date neither the Consultant nor any person employed by the Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this Contract, and (3) neither the Consultant nor any person employed by or associated with the Consultant may at any time during the Term obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Contract. 9.15 No Collusion. The Consultant represents that the Consultant is not barred from contracting with a unit of state or local government as a result of (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Consultant is properly contesting its liability for the tax or the amount of the tax or (2) a violation of either Section 33E-3 or Section 33E4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E-1 et seq. The Consultant represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Contract and that this Contract is made without collusion with any other person, firm, or corporation. WHEREFORE, the City and the Consultant have caused this Contract to be executed by their duly authorized representatives as of the Effective Date. CITY OF MCHENRY By: Name: Jon M. Schmitt Title: Public Works Director Date: Baxter and Woodman, Inc. By: Name: Title: Date: -12- City of McHenry ATTACHMENT A SERVICES CHANGE ORDER NO. Professional Services Contract In accordance with Section 4.1 of the Contract dated , 20 between the City and the Consultant, the Parties agree to the following Services Change Order: I. Change in Services: 2. Change in Project Schedule (attach schedule ifappropriate): 3. Change in Completion Date: All Services must be completed on or before:, 20 4. Change in Compensation: ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED. CITY CONSULTANT [City's project representative] Signature Name (Printed or Typed) ,20 ,20 Date Date If compensation change greater than $3,500, then City Administrator signature required. City Administrator Date If compensation change greater than $10,000, then City Council approval and Mayor signature required. Mayor Date 20 -1- Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: March 19, 2018 T0: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: Bull Valley Road Multi Use Path Phase 1 Engineering Services ATT: Professional Engineering Services Request for Proposal Hampton, Lenzini & Renwick, Inc. Recommended Proposal Professional Services Contract AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding a Professional Services Contract for Phase 1 Design Engineering Services for the Bull Valley Road Multi Use Path Project to Hampton, Lenzini, & Renwick, Inc. BACKGROUND: As a part of the recent improvements to Charles J. Miller Road and Bull Valley Road, the McHenry County Division of Transportation (MCDOT) has completed a shared use path from Moraine Hills State Park to the intersection of Illinois Route 31, Charles J. Miller Road, and Bull Valley Road. While the path is a tremendous improvement for bicycle and pedestrian traffic it does not provide connectivity with the McHenry County Conservation District (MCCD) Prairie Trail. This project would complete the connection between the trail network at Moraine Hills State Park and the MCCD Prairie Trail, The City of McHenry and the MCDOT have entered into an Inter - Governmental Agreement to share Phase 1 Engineering costs for this project with the City of McHenry as the lead agency for all design engineering and McHenry County paying 80% of total Phase 1 Engineering Costs. The 20% City match of up to $37,500 in general funds is included in the FY1819 Capital Improvement Program. The selected consultant will provide Phase I Engineering Services for the proposed improvement in order to secure Project Development Report approval from the Illinois Department of Transportation (IDOT) and assist in securing Federal Funding for the construction of the project. City staff solicited proposals forthe Bull Valley Road, Multi Use Path, Phase 1 Engineering Services Project from the City pool of prequalified firms. The Request For Proposal (RFP) was distributed to all five (5) prequalified firms in the Municipal Engineering Transportation category. ANALYSIS: Four (4) firms submitted a proposal, a scope of services and a project schedule which met the requirements set out in the RFP. Sealed proposals for Phase 1 Professional Engineering Services for the Bull Valley Road, Multi Use Path from the following firms were opened on February 21, 2018: • Baxter &Woodman, Inc. (proposal withdrawn) • Lach and Associates, Inc. o $131,240.00 • Christopher B. Burke Engineering, Ltd. o $185,702.81 • Hampton, Lenzini & Renwick, Inc. o $104,087.00 • HR Green, Inc. o $152,883.82 Proposals were examined for conformance with the conditions of the RFP and evaluated based upon the criteria identified in the RFP. Staff's recommendation is to proceed with the awarding of the Professional Services Contract to Hampton, Lenzini & Renwick, Inc. in an amount not to exceed $104,087.00. (MCDOT @ 80% - $83,269.60; City at 20% - $20,817.40). The Hampton, Lenzini &Renwick, Inc. proposal is attached. The remaining submitted proposals are available for review in the Office of the City Administrator. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve the attached Professional Services Contract for the Bull Valley Road Multi Use Path Phase 1 Design Engineering Services to Hampton, Lenzini & Renwick, Inc. in an amount not to exceed $104,087.00. .r • •�:a�:l•I'l• i r� Notice to Firms The City of McHenry is requesting proposals for professional engineering services to provide Phase I Engineering Services for the Bull Valley Road Shared Use Path project. The included Preliminary Scope of Services provides anticipated items which may be required to provide a complete and thorough Phase I Engineering Study. The project is to be completed in accordance with the IDOT BLR and BDE manuals and the AASHTO Guide for the Development of Bicycle Facilities (2012). The City intends to begin work immediately upon execution of the contract with the selected consultant. It is the intent of the City to complete all Phase I Engineering work by October 1, 2019 in advance of upcoming calls for projects. Project Description As a part of the recent improvements to Charles J. Miller Road and Bull Valley Road, the McHenry County Division of Transportation has completed a shared use path from Moraine Hills State Park to the intersection of Illinois Route 31, Charles J. Miller Road, and Bull Valley Road. While the path is a tremendous improvement for bicycle and pedestrian traffic the path does not provide connectivity with the McHenry County Conservation District Prairie Trail. The proposed project location which connects the shared use path to the Prairie Trail is shown on the attached location map. This improvement would complete the connection between the trail network at Moraine Hills State Park and the MCCD Prairie Trail. Potential improvements include a hot mix asphalt shared use path and a bicycle and pedestrian crossing of the Union Pacific Line at Bull Valley Road which will require coordination with the Illinois Commerce Commission. The City of McHenry and the McHenry County Division of Transportation have entered into an Inter - Governmental Agreement to share Phase 1 Engineering costs for this project with the City of McHenry acting as the lead agency for all engineering work. The selected consultant will provide Phase I Engineering Services for the proposed improvement in order to secure Project Development Report approval from IDOT. 2�City of McHenry Preliminary Scope of Services The Preliminary Scope of Services identifies a potential list of services required to successfully complete a Phase I Engineering Study for the proposed project. All work shall be completed in accordance with IDOT Standards utilizing the most current version of Microstation. The selected firm shall follow IDOT's Phase 1 project development guidelines and shall complete all work necessary to secure Federal Phase 1 Approval. The selected firm shall prepare and submit all documents required by IDOT, FHWA, and other regulatory agencies as is necessary to secure Federal Phase 1 Approval and ensure the projects eligibility for federal funding in future phases of the project. Each firm will include with their proposal a Final Proposed Scope of Services, which shall include any notable exclusions. 1 � Early Coordination &Data Collection 2 � Field and Topographical Surveys a. Site Topography b. Survey of public 'and private utilities c. Adjacent property surveys d. Tree Survey e. Drain Tile Survey f. Right -of -Way Analysis 3 � Utility Coordination 41 Geotechnical Investigation & Geotechnical Reports a. Soil borings b. Necessary pavement coring c. Structural borings for proposed structures 5 � Environmental Studies a. Environmental Survey Request b. Special Waste c. Biological and Cultural Resource Reviews d. Wetland Delineation 6 � Drainage Studies a. Hydraulic analysis of box culvert i. Evaluate sufficiency of existing box culvert ii. Evaluate design alternatives (box culvert extension, separate bicycle/pedestrian structure, box culvert capacity improvements) b. Location Drainage Study c. Preliminary drainage design 7 � Crash Analysis &Design Traffic Data 31 City of McHenry 8 Develop and Evaluate Design Alternatives 9 Preliminary Design a. Preliminary Design including TS&L for any proposed structures i. Proposed typical sections, horizontal & vertical alignments, & critical cross section plots b. ADA analysis c. Necessary revisions per IDOT and Local Agency review comments 10 � Project Development Report (Draft &Final) a. Necessary revisions per IDOT and Local Agency review comments b. Preliminary Estimate of Cost 11 � Assistance with Grant Applications 12 I Agency Coordination a. [DOT/FHWA b. Illinois Commerce Commission &Union Pacific Railroad/Metra c. McHenry County, City of McHenry, MCCD 13 � Public Involvement a. Public/Stakeholder Meeting &Public Hearing 14 � Meetings as necessary (project kickoff & 1 progress meeting minimum) a. IDOT Phase 1 Kickoff, FHWA Coordination Meetings 51 Project Administration Final Submittal Requirements 1 All proposals must be signed by an authorized official. 2 � Proposals shall include a project understanding and approach. 3 � A Final Proposed Scope of Services "Services" shall be included with each proposal. 4 I An itemized schedule of costs "Compensation" shall be included with each proposal. 5 � Proposals shall include a proposed "Project Schedule". 6 � Proposals shall include a proposed project team chart. 7 � All proposals shall be submitted to the City of McHenry, no later than 3:00 PM, February 21, 2018. 8 � Proposals must be submitted in the following formats: One Original Proposal Document, one hard paper copy, and one electronic copy (CD or USB Flash Drive). 41City of McHenry 9 Proposals must be submitted in one sealed envelope and must be plainly marked with the title "Bull Valley Road Shared Used Path, Phase I Engineering". 10 I All proposals must be shipped to or dropped off in person at the following address. City of McHenry Public Works Department ATTN: Jon M. Schmitt, Public Works Director 1415 Industrial Drive McHenry, Illinois 60050 Selection Criteria Firms will be evaluated based upon the following criteria: 1 1 Completeness of project understanding and proposed scope of services 2 1 Ability to meet project schedule 3 1 Proposed project team and availability of such team 4 1 Overall not to exceed costs Schedule 1/29/18 RFP Made Available 2/5/18 Deadline for Request for Information (RFI) 2/19/18 All RFI's Closed, All Addenda Issued 2/21/18 Deadline for Submittal of Proposals 3/7/18 Final Consultant Selection 3/19/18 Contract Approval by City Council &Notice to Proceed 51City of McHenry Conditions Agreed To All conditions included in the original Request for Qualifications shall be considered as part of this RFP. By means of their prequalification it is understood that prequalified firms shall adhere to any and all conditions required by the original Request for Qualifications process and document. Professional Service Agreement Upon selection of a Firm, the City and selected Firm shall enter into a contract for Professional Engineering Services. The City's standard Professional Services Contract is included as "Attachment A" and shall serve as the agreement between the selected consultant and the City of McHenry. The selected Firm 's Final Proposed Scope of Services "Services", proposed "Project Schedule", and itemized schedule of costs "Compensation" shall be inserted into the Professional Services Contract and shall become a part of the contract. Questions and Addenda All inquiries regarding this RFP shall be submitted via e-mail to Troy Strange P.E., Project Engineer, at tstrangJ ci.mchenry.il.us no later than February 5, 2018. The City o McHenry reserves the right to not respond to any or all inquiries. Responses will be provided in a written addendum with both inquiries and responses, without stating the source of the inquiry via e-mail, not later than February 19, 2018. 61City of McHenry Certification I hereby certify that the information contained in this Proposal, including all attachments thereto, is true and accurate to the best of my knowledge. Name: Signature: Title: Firm: Date: City of McHenry Professional Services Contract Professional Services Contract Between The City Of McHenry And [Insert Name Of Consultant] For [Insert Type Of Services] Services For [Insert Name Of Project] Revised 5/22/17 City of McHenry Professional Services Contract Professional Services Contract Between The City of McHenry And [Insert Name Of Consultant] For [Insert Type Of Services] Services For [Insert Name Of Project] TABLE OF CONTENTS ARTICLE 1. THE SERVICES........................................................................................................1 1.1 Intent...............................................................:........................................................1 1.2 Services....................................................................................................................1 1.3 Project Time...........................:................................................................................1 1.4 Term; Extensions.....................................................................................................1 1.5 Other Contracts........................................................................................................1 1.6 Responsibility of Consultant to Perform.................................................................1 1.7 Financial Ability to Perform. 0 & 0 0 & 4 8 a 8 a 8 0 0 0 0 0 4 6 4 4 0 0 6 02 ARTICLE 2. COMPENSATION AND PAYMENTS......... @at 66000 0 a at too 0 **too 064 to 80*8 ME &&am&&@ 2 2.1 Pricing Schedule......................................................................................................2 2.2 Monthly Payment; Invoices.....................................................................................2 2.3 Taxes........................................................................................................................2 2.4 Final Payment. 4 1 0 0 4 0 4 0 a 4 a a a a a 4 a a 0 0 0 a 5 6 a 5 0 0 9 9 9 9 9 0 0 a a a a a a a a 0 0 9 0 a I a I a 0 0 a a 0 0 a a a a a a a a a 0 0 a a a a 6 a a 02 2.5 Deductions............................................................................................................... 3 2.6 Use of Deducted Funds............................................................................................ 3 2.7 Keeping Books and Accounts. . 0 a 0 a a a a a a a a 9 a 6 a a 5 a 1 5 5 0 6 a 0 0 a 0 a 0 a & & & 4 6 a a 0 a 0 8 0 0.9 0 1 0 0 0 0 0 6 a 4 9 4 a 4 a 5 0 0 0 a 0 0 0 0 a 0 a 0 4 4 a a a a I al ARTICLE 3. PERFORMANCE OF SERVICES.404444..8.0.040000..0..000.00..0.0.00.00600000.4640.000.0....6..44......1443 3.1 Standard of Performance......................................................................................... 3 3.2 Correction of Defects...................................................................:........................... 3 3.3 Risk of Loss............................................................................................................0 3 3.4 Opinions of Probable Cost........ a *wove uses 0 0 0 a 6 0 0 0 a a a a 0 1 9 a a 5 5 5 9 1 9 0 a 9 0 4 0 4 0 4 a a a a 4 4 0 a 4 a 4 . 4 a a a a a a a a a a 84 3.5 City Responsibilities................................................................................................4 3.6 Time of the Essence............ 4 04 0 9 0090046 0064400 1 9 9 0 9 9 0 9 a 0 6 0 6 0 0 0 0 a a a & 6 a 0 a 0 4 9 0 0 a a 0 9 a 9 1 0 a 0 0 5 0 a 0 0 4 5 a a 6*5 Revised 5/22/17 City of McHenry Professional Services Contract 3.7 Suspension of Services............................................................................................ 5 ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS............................................................ 5 4.1 Services Change Orders..........................................................................................5 4.2 Revision Notices.... 0600 0 41066444 0 9 a* 0 goo 0000946606 a 9 5 4.3 No Change in Absence of Services Change Order.. fit a 4 a 5 4.4 Delays.............................:........................................................................................ 5 ARTICLE5. INSURANCE...................:........................................................................................ 6 5.1 Insurance,.... a stage &seen so*@ 0 0Q00a0*&6*d go 9 9*4 9 @of 0 Peewee 06 0660 00 0 0 0 0 6 5.2 Scope of Coverage; Minimum Limits of Coverage.................................................6 5.3 Deductibles and Self -Insured Retentions................................................................ 6 5.4 Additional Requirements.........................................................................................6 5.5 Verification of Coverage.........................................................................................7 5.6 Sub -Consultants and Suppliers................................................................................8 ARTICLE 6. INDEMNIFICATION............................................................................................... 8 6.1 Agreement to Indemnify.......................................................................................... 8 6.2 No Limit Based on Insurance.................................................................................. 8 6.3 Withholding Payment..............................................................................................8 6ALimit on Duty to Indemnify..................................................................................... 8 ARTICLE7. ARBITRATION........................................................................................................ 8 7Arbitrati .1 on............................................................................................................... 8 ARTICLE8. TERMINATION....................................................................................................... 9 8.1 Contract is At-Will..................................................................................................9 8.2 Termination by City for Breach............................................................. .................. 8.3 City Remedies.......................................................................................................... 9 8.4 Termination by Consultant for Breach. . 0 4 a a 0 a a 4 a 9 9 0 9 a 0 1 0 0 a 0 0 0 w 4 * 0 8 8 V 0 0 1 a a 0 a a 0 4 4 * 0 0 4 0 4 4 0 0 0 9 0 0 a a a 4 4 a a a a a 4 a a 9 ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS .........................9 9.1 Consultant as Independent Consultant.................................................................... 9 9.2 Compliance with Laws; Communications with Regulators .................................... 9 9.3 Permits and Licenses......:......................................................................................10 9.4 Safety; Hazardous Materials..................................................................................10 9.5 Ownership of Data and Documents.......................................................................10 9.6 Notices. . 4 a 0 a a a 4 0 a a a a 0 0 9 9 9 0 9 0 0 N a 0 a a 0 a 9 0 0 9 4 w 0 0 0 0 0 9 0 a q 8 0 a a 0 4 4 4 a a a a 0 4 4 a 4 4 a a 0 0 0 w w 0 0 0 6 a a 0 0 a a a 0 0 0 0 1 0 0 9 4 0 0 0 0 a a 0 0 0 a 0 a a 4 a 8 0 a 8 0 10 9.7 No Waiver by City.................................................................................................10 9.8 No Third -Party Beneficiaries.................................................................................11 Revised 5/22/17 City of McHenry Professional Services Contract 9.9 Survival of Terms...... 660666 bases G*4006 04 Staab as &stages sees &&&&SAO as Ma6se 64*** 9:10 Assignments. 0 0 9 1 0 0 W a 4 a * 0 a Q a a a 0 a a 0 a a a 0 0 6 6 a 8 a a 9 0 a 0 4 0 0 a 0 & 6 a s 4 9 a a a 0 a 9 4 4 0 0 a a a a 0 9 9 0 0 6 6 a a 0 9 0 9 0 0 4 a & 0 0 0 0 0 0 a a 4 a a a a 0 9 0 0 6 0 4 a a a a 0 a 9.11 Amendments..........................................................................................................11 9.12 Governing Law......................................................................................................11 9.13 Compliance with Laws, Grant Regulations...........................................................11 9.14 Representation of No Conflicts.............................................................................11 9.15 No Collusion.... .......:...................................................:......................................:...11 Revised 5/22/17 City of McHenry Professional Services Contract Professional Services Contract Between The City of McHenry And [Insert Name Of Consultant] For [Insert Type Of Services] Services For [Insert Name Of Project] This contract (the "Contract") is dated as of [insert date] (the "Effective Date") and is by and between the City of McHenry, an Illinois municipal corporation, (the "City") and [insert formal name of consultant] (the "Consultant"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1.1 parties. 1.2 "Services'): ARTICLE 1. THE SERVICES Intent. It is the intent of the parties that this Contract govern the relationship of the Services. The Consultant will perform for the City the following services (the [insert a description of services to be performed or a reference to a scope of services attached as an appendix] 1.3 Project Time. The Services will be performed according to the following schedule ("Project Schedule"): (insert a project schedule or a reference to the scope of services] The Services will be completed on or before [insert date of completion] (the "Completion Date"). 1.4 Term; Extensions. This Contract commences on the Effective Date and terminates on [insert date of termination] unless terminated earlier pursuant to Article 8 of this Contract (the "Term"). All terms of this Contract, including without limitation pricing terms, are firm during the Term, unless as embodied in an amendment to this Contract in accordance with Section 9.15. The Parties may extend this Contract for two additional one-year periods (each an "Extended Term"). Pricing terms may be adjusted by written agreement at the beginning of an Extended Term. 1.5 Other Contracts. The City may enter into agreements with other consultants, pursuant to which the City may award work from time to time at the City's discretion. 1.6 Responsibility of Consultant to Perform. The Consultant must provide all personnel necessary to complete the Services. The Consultant must perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the City in writing. All sub -consultants and supplies used by the Consultant in the -1- City of McHenry Professional Services Contract performance of Services must be acceptable to, and approved in advance by, the City. The City's approval of any sub -consultant or supplier will not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services in full compliance with, and as required by or pursuant to, this Contract. All Services performed by any sub -consultant or supplier are subject to all of the provisions of this Contract in the same manner as if performed directly by the Consultant. If any sub -consultant or supplier fails to properly perform any Services undertaken by it in compliance with this Contract, then the Consultant, immediately on notice from the City, must remove that sub -consultant or supplier and undertake the Services itself or replace the sub - consultant or supplier with a sub -consultant or supplier acceptable to the City. The Consultant will have no claim for damages, for compensation in excess of the Compensation, or for delay or extension of the Project Schedule as a result of any such removal or replacement. 1.7 Financial Ability to Perform. When executing this Contract, the Consultant represents and declares that it is financially solvent, has the financial resources necessary, has sufficient experience and competence, and has the necessary capital, facilities, organization, and staff necessary to provide, perform, and complete the Services set forth in this Contract in full compliance with, and as required by or pursuant to, this Contract. ARTICLE 2. COMPENSATION AND PAYMENT 2.1 Pricing Schedule. As compensation for the performance of the Services ("Compensation"), the City will pay the Consultant the following amounts and in the following manner: [insert pricing] Except for the Compensation, the City will have no liability for any expenses or costs incurred by the Consultant. 2.2 Monthly Payment; Invoices. The Compensation will be paid in monthly installments. The Consultant must submit to the City, on a monthly basis, a written invoice for payment for completed work. The City may specify the specific day of the month on or before which invoices must be filed. Each invoice must be accompanied by receipts, vouchers, and other documents as necessary to reasonably establish the Consultant's right to payment of the Compensation stated in the invoice. In addition, each invoice must include (a) employee classifications, rates per hour, and hours worked by each classification and, if the Services are to be performed in separate phases, for each phase, (b) total amount billed in the current period and total amount billed to date and, if the Services are to be performed in separate phases, for each phase, and (c) the estimated percent completion of the Services and, if the Services are to be performed in separate phases, for each phase. 23 Taxes. The Compensation includes applicable federal, State of Illinois, and local taxes of every kind and nature applicable to the services provided by the Consultant and all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. The Consultant will never have a claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees. -2- City of McHenry Professional Services Contract 44 Final Payment. The Services will be considered complete on the date of final written acceptance by the City of the Services or the relevant phase of the Services. Services related to a submission of the Consultant will be deemed accepted by the City if the City does not object to those Services in writing within 30 days after the submission by the Consultant of an invoice for final acceptance and payment The City will make final payment to the Consultant within 30 days after final acceptance of the Services, after deducting therefrom charges, if any, as provided in this Contract ("Final Payment"). The acceptance by the Consultant of Final Payment will operate as a full and complete release of the City by the Consultant of and from any and all lawsuits, claims, or demands for further payment of any kind for the Services encompassed by the Final Payment. ZS Deductions. Notwithstanding any other provision of this Contract, the City may deduct and withhold from any payment or from Final Payment such amounts as may reasonably appear necessary to compensate the City for any loss due to (1) Services that are defective, nonconforming, or incomplete, (2) liens or claims of lien, (3) claims against the Consultant or the City made by any of the Consultant's sub -consultants or suppliers or by other persons about the Services, regardless of merit, (4) delay by the Consultant in the completion of the Services, the cost to the City, including without limitation reasonable attorneys' fees, of enforcing the terms of this Contract. The City will notify the Consultant in writing of the City's determination to deduct and withhold funds, which notice will state with specificity the amount of, and reason or reasons for, such deduction and withholding. 2.6 Use of Deducted Funds. The City will be entitled to retain any and all amounts withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations in question or has furnished security for that performance satisfactory to the City. The City will be entitled to apply any money withheld or any other money due to the Consultant to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, and reasonable attorneys' fees (collectively `'Costs") incurred, suffered, or sustained by the City and chargeable to the Consultant under this Contract. 2.7 Keeping Books and Accounts. The Consultant must keep accounts, books, and other records of all its billable charges and costs incurred in performing Services in accordance with generally accepted accounting practices, consistently applied, and in such manner as to permit. verification of all entries. The Consultant must make all such material available for inspection by the City, at the office of the Consultant during normal business hours during the Term and for a period of five years after termination of this Contract. Copies of such material must be furnished to the City at the City's request and expense. ARTICLE 3. PERFORMANCE OF SERVICES 3.1 Standard of Performance. The Consultant must perform the Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the Chicago Metropolitan Region ("Standard of Performance"). The Consultant is fully and solely responsible for the quality, technical accuracy, completeness, and coordination of all Services. All plans and other documents furnished by the Consultant shall be endorsed and stamped with professional seals when such seals are required by law. 3.2 Correction of Defects. The Consultant must provide, for no additional Compensation and at no separate expense to the City, all work required to correct any defects or deficiencies in the -3- City of McHenry Professional Services Contract performance of Services, regardless of whether the defect or deficiency relates to the work of the Consultant or of the Consultant's sub -consultants or suppliers. 33 Risk of Loss. The Consultant bears the risk of loss in providing all Services. The Consultant is responsible for any and all damages to property or persons arising from any Consultant error, omission, or negligent act and for any losses or costs to repair or remedy any work undertaken by the City based on the Services as a result of any such error, omission, or negligent act. Notwithstanding any other provision of this Contract, the Consultant's obligations under this Section 3.3 exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of the City or the Consultant, to indemnify, hold harmless, or reimburse the Consultant for damages, losses, or costs. 3.4 Opinions of Probable Cost. The Parties recognize that neither the Consultant nor the City has control over the costs of labor, materials, equipment, or services furnished by others or over competitive bidding, market or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, any opinions of probable costs provided under this Contract are considered to be estimates only, made on the basis of the Consultant's experience and qualifications, and those opinions represent the Consultant's best judgment as an experienced and qualified professional, familiar with the industry. The Consultant does not guaranty that proposals, bids, or actual costs will not vary from the opinions prepared by the Consultant. 3S City Responsibilities. The City, at its sole cost and expense, will have the following responsibilities: (a) To designate in writing a person with authority to act as the City's representative with respect to the Services. In the absence of a written designation, the City's representative will be the City Administrator. The City's representative will have the authority to act on behalf of the City except on matters that require approval of the City Council. (b) To provide to the Consultant all criteria and information about the requirements for the Services, including, as relevant, the City's objectives and constraints, schedule, space, capacity and performance requirements, and budgetary limitations. (c) To provide to the Consultant existing studies, reports, and other available data relevant to the Services. (d) To arrange for access to, and make provisions for the Consultant to enter on, public and private property as reasonably required for the Services. (e) To provide, as relevant, surveys describing physical characteristics, legal limitations, and utility locations for the Services and the services of other consultants when the services of other consultants are requested by the Consultant and are necessary for the performance of the Services. (f) To provide structural, mechanical, chemical, air and water tests, tests for hazardous materials, and other laboratory and environmental tests, inspections, and reports required by law to be provided by the City in connection with the Services, except the extent such tests, inspections, or reports are part of the Services. (g) To review reports, documents, data, and all other information presented by the Consultant as appropriate. -4- City of McHenry Professional Services Contract (h) To provide approvals from all governmental authorities having jurisdiction over the Services when requested by the Consultant, except the extent such approvals are part of the Services. To provide, except as provided under Article 5 and Article 6 of this Contract, all accounting, insurance, and legal services as may be necessary from time to time in the judgment of the City to protect the City's interests with respect to the Services. To attend meetings related to the Services. (k) To give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of any development that affects the scope or timing of Services, except that the inability or failure of the City to give any such a notice will not relieve the Consultant of any of its responsibilities under this Contract. 3.6 Time of the Essence. Time is of the essence for the Services and all activities with regard to the performance of the Services. 3.7 Suspension of Services. The City, at any time and for any reason, may suspend work on any or all Services by issuing a written work suspension notice to the Consultant. The Consultant must stop the performance of all Services within the scope of the suspension notice until the City directs the Consultant in writing to resume performance. ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS 4.1 Services Change Orders. The City, from time to time, may issue a written order modifying or otherwise changing the scope of the Services included in a Services Change Order (a "Services Change Order"). Any Services Change -Order in an amount exceeding $10,000 must be approved by the City Council. The Services Change Order will be generally in the form attached to and by this reference incorporated into this Contract as Attachment A. The Consultant may request a Services Change Order based on a claimed material change to any Services performed under this Contract. A Services Change Order may include additions to and deletions from the Services and All include requested equitable increases or decreases to the Compensation. 4.2 Revision Notices. Within three (3) days after the date of a Services Change Order, and in any event before the Consultant begins work on any changed Services, the Consultant must notify the City in writing if the Consultant desires a revision to the Services Change Order (a "Revision Notice"). The Revision Notice must clearly state the Consultant's requested revisions and the reasons for the revisions. If the City agrees to any revision, then the City will issue a revised Services Change Order in a form acceptable to the Parties. If the Consultant does not submit a Revision Notice within the (3) -day period, then the Consultant will be deemed to have accepted the Services Change Order and the Services Change Order will be final. 43 No Change in Absence of Services Change Order. No claim for an adjustment in Compensation or Project Schedule will be made or allowed unless it is embodied in a Services Change Order signed by the City and the Consultant. If the Consultant believes it is entitled to an adjustment in the Compensation or Project Schedule terms that has not been included, or fully included, in a Services Change Order, then the Consultant may submit to the City a written request for the issuance of, or revision of, a Services Change Order including the desired adjustment. The Consultant's request must be submitted before the Consultant proceeds with any Services for which an adjustment is desired. -5- City of McHenry Professional Services Contract 4.4 Delays. If a delay in providing Services results from one or more causes that could not be avoided or controlled by the Consultant, then the Consultant may be entitled to an extension of the Project Schedule for a period of time equal to that delay, or an adjustment in Compensation for extra costs related to the delay, or both. The Consultant must notify the City in writing within 3 days after the start of the delay and again in writing within 3 days after the delay has ended (the 'Delay Period'). The first notice must state the cause or causes of the delay and the impact of the delay on providing Services. The second notice must state the cause or causes of the delay, the length of the day, the reasons why the delay disrupted performance of the Services and the Consultant's request, if any, for a change in Compensation or Project Schedule. If the Consultant fails to submit notices as provided in this Section 4.5, then the Consultant will be deemed to have waived any right to an adjustment in Compensation for the Services. ARTICLE 5. INSURANCE 5.1 Insurance. The Consultant must procure and maintain, for the duration of this Contract, insurance as provided in this Article 5. 5.2 Scope of Coverage, Minimum Limits of Coverage. (a) Commercial General Liability. Insurance Services Office ("ISO"), or reasonable equivalent, Commercial General Liability occurrence form CG 0001, with the City and its officials, officers, employees, and agents named as additional insured on Insurance Service Office (ISO) Additional Insured Endorsement CG 2010 (Exhibit A) or CG 2026 (Exhibit B). Coverage must beat least $1,000,000 combined single limit per occurrence for bodily injury and for property damage and $1,000,000 per occurrence for personal injury. The general aggregate must be twice the required occurrence limit. Minimum General Aggregate must be no less than $2,000,000 or a project- contract specific aggregate of $1,000,000. (b) Automobile Liability. Insurance Service Office Business Auto Liability coverage form number CA 00015 Symbol O1 "Any Auto." Coverage must be at least $1,000,000 combined single limit per accident for bodily injury and property damage. (c) Professional Liability. Indemnification and for injury or damage arising out of negligent acts, errors, or omissions in providing professional services, including without limitation: (1) preparing, approving, or failure to prepare or approve maps, drawings, opinions, report, surveys, designs or specifications and (ii) providing direction, instruction, supervision, inspection, or engineering services or failing to provide them, if that is the primary cause of injury or damage. Coverage must be at least $1,000,000 each claim with respect to negligent acts, errors, and omissions in connection with all professional services to be provided under this Contract. (d) Workers' Compensation and Employers' Liability. Workers' Compensation as required by the Workers' Compensation Act of the State of Illinois and Employers' Liability insurance. Coverage must be at least Workers' Compensation Coverage with statutory limits and Employers' Liability limits of $500,000 per accident. 53 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either the insurer must reduce or eliminate such deductibles or self -insured retentions with respect to the City and its officials, officers, employees, and agents or the Consultant must procure a bond guaranteeing payment of losses and related investigation, claim administration, and Consultant defense expenses. 5.4 Additional Requirements. The insurance policies must contain, or be endorsed to -6- City of McHenry contain, the following provisions: Professional Services Contract (a) Commercial General Liability and Automobile Liability Coverage. The City and its officials, officers, employees must be covered as additional insured as respects: liability arising out of the Consultant's work, including without limitation activities performed by or on behalf of the Consultant and automobiles owned, leased, hired, or borrowed by the Consultant. Coverage must contain no special limitations on the scope of protection afforded to the City or its officials, officers, employees, and agents. (b) Primary Coverage. The insurance coverage must be primary with respect to the City and its officials, officers and employees. Any insurance or self-insurance maintained by the City and its officials, officers, employees, and agents will be excess of the Consultant's insurance and will not contribute with it. (c) Severability of Interests/Cross Liability. The insurance must contain a Severability of Interests/Cross Liability clause or language stating that the insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ability. (d) Umbrella Policies. If any commercial general liability insurance.is being provided under an excess or umbrella liability policy that does not "follow form," then the Consultant must name the City and its officials, officers and employees, as additional insured under the umbrella policy. (e) Occurrence Form. All general liability coverage must be provided on an occurrence policy form. Claims -made general liability policies are not acceptable. (I} Workers' Compensation and Employers' Liability Coverage. The insurer must agree to waive all rights of subrogation against the City and its officials, officers, employees, and agents for losses arising from work performed by the Consultant. (g) Professional Liability. If the policy is written on a claims -made form, the retroactive date must be equal to or preceding the effective date of this Contract. If the policy is cancelled, non - renewed, or switched to an occurrence form, then the Consultant must purchase supplemental extending reporting period coverage for a period of not less than three years after the _date of substantial completion. (h) All Coverage. Each insurance policy required must have the City expressly endorsed onto the policy as a Cancellation Notice Recipient. If a policy is canceled before the expiration date of that policy, then notice must be delivered to the City in accordance with the policy provisions prior to the expiration date. (17 Acceptability of Insurers. Insurance must be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. 0) Waiver of Limitation. The Consultant hereby agrees to waive any limitation as to the amount of contribution recoverable against it by the City. This specifically includes any limitation imposed by any state statute, regulation, or case law including any Workers' Compensation Act provision that applies a limitation to the amount recoverable in contribution, such as Kotecki v. Cyclops Welding. Each sub -consultant also must agree to this waiver. -7- City of McHenry Professional Services Contract 55 Verification of Coverage. The Consultant must furnish the City with certificates of insurance naming the City and its officials, officers, employees, and agents as additional insured and with original endorsements affecting coverage required by this Article 5. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the City or may be ISO Additional Insured Endorsements CG 2010 or CG 2026, or reasonable equivalent, and in any event must be received and approved by the City before any work commences. The City reserves the right to request a full certified copy of each insurance policy and endorsement. 5.6 Sub -Consultants and Suppliers. The Consultant must include all sub -consultants as insured under its policies or must furnish separate certificates and endorsements for each sub - consultant. All coverage for sub -consultants are subject to all of the requirements stated in this Article 5. ARTICLE 6. INDEMNIFICATION 6.1 Agreement to Indemnify. To the fullest extent permitted by law, the Consultant hereby agrees to indemnify and, at the City's request, defend the City and its officials, employees, agents, and representatives (collectively the "Indemnified Parties") against all injuries, deaths, loss, damages, claims, patent claims, lawsuits, liabilities, judgments, costs, and expenses, including attorney fees incurred by the City (collectively "Claims"), that may in any way accrue against the Indemnified Parties or any one of them arising in whole, or in part, or in consequence of the negligent or intentionally tortious performance of any services by the Consultant or its employees or sub - consultants or that may in any way result therefrom, except only Claims arising out of the sole legal cause of the City. In addition, Consultant hereby agrees to indemnify the City with regard to any damages, costs and expenses, including attorney fees incurred by the City for any failure by the Consultant to comply with insurance reporting provisions of 'any Consultant insurance policy adversely affecting coverage provided to the indemnified parties. 6.2 No Limit Based on Insurance. The Consultant expressly acknowledges and agrees that any performance bond or insurance policy required by this Contract, or otherwise provided by the Consultant, will in no way limit the responsibility to indemnify and defend the Indemnified Parties or any one of them. 63 Withholding Payment. To the extent that any payment is due to the Consultant under this Contract, the City may withhold that payment to protect itself against any Indemnified Claims until all claims, suits, or judgments have been settled or discharged and evidence to that effect has been furnished to the satisfaction of the City. 6.4 Limit on Duty to Indemnify. The Consultant is not required to indemnify an Indemnified Party to the extent a Claim resulted solely from the negligence or willful misconduct of the Indemnified Party. ARTICLE 7. ARBITRATION 7.1 Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, as determined in the exclusive discretion of the City, at 333 N. Green St. McHenry, Illinois, and -8- City of McHenry Professional Services Contract judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree that an arbitration award by default may be entered upon the parry failing to appear or defend itself in any arbitration proceeding. In the event of any arbitration or litigation of this Contract, the non -prevailing party, as determined by the arbiter or court, shall pay all expenses incurred by the prevailing party, including, but not limited to (a) attorney's fees, (b) filing costs, (c) witness fees, and (d) other general expenses of arbitration or litigation. ARTICLE 8. TERMINATION &1 Contract is At -Will. This Contract is at -will and may be terminated by the City at any time at the City's convenience, without reason or cause. If the City terminates this Contract without reason or cause, then the Consultant will be entitled to Compensation for all Service performed by the Consultant up to the date of termination. The Consultant is not entitled to any consequential damages, including without limitation for lost profit, for any Services not performed by the Consultant. 8.2 Termination by City for Breach. The City at any time, by written notice providing Consultant with 10 days' to cure any alleged breach hereof, may terminate this Contract of breach by the Consultant and of one or more terms of this agreement. "Breach" by the Consultant includes (a) failure of the Consultant to adhere to any terms or conditions of this Contract, (b) failure of the Consultant to properly perform Services, (c) or failure of the Consultant to maintain progress in the performance of Services. so as to endanger proper performance of the Services within the Project Schedule; (d) failure of the Consultant to have or maintain adequate resources to complete any Services. 83 Cityy Remedies. If the City terminates this Contract for Breach by the Consultant, then the City will have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies. (a) The City may recover from the Consultant any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. (b) The City may withhold any or all outstanding Compensation to reimburse itself or pay for any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. In that event, the City will pay any excess funds to the Consultant, if any, after all of the City's costs are reimbursed or paid. If the Compensation withheld by the City is insufficient to reimburse the City for, or pay, all costs, then the City will has the right to recover directly from the Consultant a sum of money sufficient to reimburse itself, or pay, all remaining costs. 8.4 Termination by Consultant for Breach. The Consultant at any time, by written notice, terminate this Contract on account of failure by the City to properly pay the Consultant and failure of the City to cure the breach within 10 days after that written notice or such further time as the Consultant may agree, in the Consultant's sole discretion, in response to a written notice from the City seeking additional time to cure. 9.1 Consultant as Independent Consultant. For purposes of this Contract, the Consultant -9- City of McHenry Professional Services Contract is an independent consultant and is not, and may not be construed or deemed to be an employee, agent, or joint venturer of the City. 9.2 Communications with Regulators. Any written communication by Consultant directly with applicable governmental regulatory agencies with regard to Services shall be copied to the City. 9.3 Permits and Licenses. The Consultant must obtain and pay for all permits and licenses, registrations, qualifications, and other governmental authorizations required by law that are associated with the Consultant's performance of Services. 9.4 Safety; Hazardous Materials. (a) Protection of Health, Environment. The Consultant's personnel must be experienced and properly trained to perform the Services and must take adequate precautions to protect human health and the environment in the performance of Services. (b) Notice of Hazardous Conditions. If the Consultant observes a potentially hazardous condition relating to the Services, then the Consultant must bring that condition to the attention of the City. (c) Hazardous Materials. The Consultant acknowledges that there may be hazardous substances, wastes, or materials as defined by applicable Law ("Hazardous Materials") at a project site or otherwise associated with Services, and the Consultant under those circumstances must take appropriate precautions to protect its employees, sub -consultants, and suppliers. 9.5 Ownership of Data and Documents. All data and information, regardless of its format, developed or obtained under this Contract (collectively "Data"), other than the Consultant's confidential information, will be and remain the sole property of the City. The Consultant must promptly deliver all Data to the City at the City's request. The Consultant is responsible for the care and protection of the Data until that delivery. The Consultant may retain one copy of the Data for the Consultant's, records subject to the Consultant's continued compliance with the provisions of this Article. The City hereby indemnifies the Consultant for damages caused by the City's misuse or reuse of Data not originally intended. 9.6 Notices. Any notice or communication required by this Contract will be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered.or certified mail, postage prepaid, with the U.S. Postal Service and addressed as follows: If to the City: City Administrator City of McHenry 333 S. Green Street McHenry, Illinois 60050 If to the Consultant: with a copy to: Public Works Director Public Works Department 1415 Industrial Drive ,Henry, Illinois 60050 with a copy to: or to such ocher address as the party to whom notice is to be given has furnished in writing. -10- City of McHenry Professional Services Contract 9. I No Waiver by City. No act, order, approval, acceptance, or payment by the City, nor any delay by the City in exercising any right under this Contract, will constitute or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming, or incomplete Services or operate to waive any requirement or provision of this Contract or any remedy, power, or right of the City. 9.8 No Third -Party Beneficiaries. This Contract is for the benefit of the City and the Consultant only and there can be no valid claim made or held against the City or the Consultant by any third party to be a beneficiary under this Contract. 9.9 Survival of Terms. The following sections will survive the termination of this Contract: 2.7, 3.2, 6.1, 8.4, 9.7, 9.8, and 9.9. 9.10 Assignments. The Consultant may not assign or transfer any term, obligation, right, or other aspect of this Contract without the prior express written consent of the City. If any aspect of this Contract is assigned or transferred, then the Consultant will remain responsible to the City for the proper performance of the Consultant's obligations under this Contract. The terms and conditions of any agreement by the Consultant to assign or transfer this Contract must include terms requiring the assignee or transferee to fully comply with this Contract unless otherwise authorized in writing by the City. 9.11 Amendments. This Contract may be amended only in writing executed by the City and the Consultant. 9.12 Governing Law. The validity, construction, and performance of this Contract and all disputes between the parties arising out of or related to this Contract will be governed by the laws of the State of Illinois without regard to choice or conflict of law rules or regulations. 9.13 Compliance with Laws, Grant Regulations. All Services must be provided, performed, and completed in accordance with all applicable governmental permits, licenses, or other approvals and authorizations, and with applicable statutes, ordinances, rules, and regulations. The Consultant also must comply with applicable conditions of any federal, state, or local grant received by the City with respect to this Contract. The Consultant will be solely responsible for any fines or penalties that may be imposed or incurred by a governmental agency with jurisdiction over the Services as a result of the Consultant's improper performance of, or failure to properly perform, any Services. 9.14 Representation of No Conflicts. The Consultant represents that, to the best of its knowledge, (1) no City employee or agent is financially interested, directly or indirectly, in the business of the Consultant or this Contract, (2) as of the Effective Date neither the Consultant nor any person employed by the Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this Contract, and (3) neither the Consultant nor any person employed by or associated with the Consultant may at any time during the Term obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Contract. 9.15 No Collusion. The Consultant represents that the Consultant is not barred from contracting with a unit of state or local government as a result of (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Consultant is properly contesting its liability for the tax or the amount of the tax or (2) a violation of either Section 33E-3 or Section 33E4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E4 et seq. The 4 1- City of McHenry Professional Services Contract Consultant represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Contract and that this Contract is made without collusion with any other person, firm, or corporation. WHEREFORE, the City and the Consultant have caused this Contract to be executed by their duly authorized representatives as of the Effective Date. CITY OF MCHENRY Name: Title: [insert consultant name] By: Title: -12- City of McHenry ATTACIIMENT A SERVICES CHANGE ORDERNO0 Professional Services Contract In accordance with Section 4.1 of the Contract dated , 20 between the City and the Consultant, the Parties agree to the following Services Change Order: 1. Change in Services: 2. Change in Project Schedule (attach schedule ifappropriate): 3. Change in Completion Date: All Services must be completed on or before: , 20 4. Change in Compensation: ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED. CITY [City's project representative] Date CONSULTANT Signature Name (Printed or Typed) 20 520 Date If compensation change greater than $3 500 then City Administrator signature required. City Administrator Date If compensation change greater than $10 000 then Cit�Council approval and Mayor signature required. Mayor Date 20 -1- Proposal Bull Valley Multi -Use Path Phase I Engineering Services Friday, February 21, 2018, 3:00 PM . IdL c ji it �. e k Work Hard •Have Fun •Give Back Hampton, Lenzini and Kenwiek, Inc. Civil Engineers + Structural Engineers • Land Surveyors • Environmental Specialists www.h I rengi neering.com February 21, 2018 Mr. Jon M. Schmitt, Public Works Director City of McHenry 1415 Industrial Drive McHenry, Illinois 60050 Re: Request for Proposal —Bull Valley Road Shared Use Path, Phase I Engineering Dear Mr. Schmitt: This project can provide safe and reliable transportation for pedestrians and bicyclists and improve the drainage system — making it a great way to benefit the community while using grant funding. The implementation of this project would be a welcome addition for residents and those whom attend the Village Church of Bartlett alike. We understand the City is seeking a firm to provide Phase I Engineering Services for the Bull Valley Road Multi - Use Path project. Our team has completed several multi -use paths recently and will use this experience to provide the City with a design that meets your expectations. Our team understands the objective and is qualified to help the City achieve its goal. We are proposing Amy McSwane, PE to lead our team. She has 17-years of experience on projects in environmentally sensitive areas, similar to this project. Important needs of this project include: ■ Public coordination and collaboration with the City of McHenry ■ Meeting the requirements of the Invest in Cook Funding Agreement ■ Providing access to the Church parking lot during construction activities ■ Providing an ADA / PROWAG compliant design ■ Providing improved drainage within the project limits ■ Starting and completing projects on time ■ Quality Control and Quality Assurance measures In the pages that follow, we hope to demonstrate our extensive knowledge of the Bull Valley Road Multi -Use Path project and our experience gained on projects similar in scope and size. Thank you for the opportunity to submit our proposal. Our team looks forward to creating a great working relationship with the City and contributing to the success of the community. If you have any questions or comments regarding our submittal, please contact me at (847) 697-6700 or jlyon@hlreng.com. Yours truly, HAMPTON, LENZINI AND RENWiCK, INC. ReJena Lyon, PE, PLS President/CEO 380 Shepard Drive 6825 Hobson Valley Drive, Unit 302 3085 Stevenson Drive, Suite 201 Elgin, Illinois fi0123-7010 Woodridge, Illinois 60517 Springfield, Illinois 62703 TA M2.697.6700 Tel. 847.697.6700 Tel. 217.546.3400 Fax 847.697.6753 Fax 847.697.6753 Fax 217.546.8116 323 West 3rd Street. P.O. Box 160 ML Carmel, Illinois 62863 Tel. 618.262.8651 Fax 618,263.3327 Certification I hereby certify that the information contained in this Proposal, including all attachments thereto, is true and accurate to the best of my knowledge. Name: ReJena Lyon, PE, PLS Signature: Title: PresidentlCE4 Firm: Hamcton. Lenzini and Renwick, Inc. Date: February 20.2018 RFP - BULL VALLEY ROAD MULTI -USE PATH PHASE I ENGINEERING SERVICES Table of Contents SectionI: Introduction to Firm.......................................................................................................................................1 Section II: Project Understanding +Approach................................................................................................................4 Section III: Anticipated Project Schedule, . . . . . . . . . . . I B 9 a 0 0 1 1 1 1 1 1 1 1 a I 1 0 1 1 1 1 1 1 1 1 1 1 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1 B I I I I I I I I I I I 1 0 b I . v r I I I I I I I * 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 . 1 13 Section IV: Proposed Project Team.............................................................................................................................14 Appendix: Costs SECTION I: INTRODUCTION TO FIRM Since 1965, we have been working with communities to design vibrant places for people to live, work, and play. Our team is full of smart, driven people with an impressive range of experience, achievements, and backgrounds. When it comes to engineering, we know that every project is unique, and every client deserves their own solution. If selected for this contract, our team will work with Village staff to understand the needs and goals of the project, ultimately allowing us to figure out the best way to bring it all to life, without a cookie -cutter approach. Below, and in the following pages, we have provided additional details on who we are, whatand how we excel: Firm Structure We are an employee -owned firm based in Elgin, Illinois. ReJena Lyon, PE, PLS, currently serves as the company's President/CEO. Because our employees are our owners, we have an added sense of responsibility to ensure that our clients' needs are met, and they are satisfied with the results. Office Locations We have our office locations throughout Illinois, making us big enough to handle the largest projects, yet small enough to never lose sight of the personal relationships we make. 380 Shepard Drive 6825 Hobson Valley Dr., #302 3085 Stevenson Drive, #201 323 West 3rd Street Elgin, IL 60123 Woodridge, IL 60517 Springfield, IL 62703 Mount Carmel, IL 62863 Tel. (847) 697-6700 Tel. (847) 697-6700 Tel. (217) 546-3400 Tel (618) 262-8651 Fax (847) 697-6753 Fax (847) 697-6753 Fax (217) 546-8116 Fax (618) 263-3327 License and Certifications HLR meets the appropriate state licensing requirements to practice in the State of Illinois and is also prequalified by the Illinois Department of Transportation (IDOT) in 21 categories. We have provided a copy of our IDOT prequalification lAter and State of Illinois license on the following page. Insurance Requirements HLR carries Professional Liability Insurance as well as General, Auto, Workmen's Comp &Employee Liability coverage complying with the requirements listed in the RFP. Sample certificates are available upon request. No Conflicts of Interest HLR does not have any personal or organizational conflicts of interest with the City of McHenry. Additionally, if selected for this contract, the firm will forgo contracting engineering work for any future non -municipal -funded development projects in the City for the duration of the agreement. Hampton, Lenzini, and Renwick, Inc. � 1 SECTION I: INTRODUCTION TO FIRM IDO I Pre -Qualification Letter and State Of Illinois Professional Design Firm License: 11inois Department of Transportation 2300 Sovlh OirxsenParkwayl SprtipfrHa, Ilfnas y627E< January 12, 2018 Bd4ed: PRELIMINARY ENGINEERING Consuhanl Unit Pinequalifiration File ReAenaLyon HAMP7GN, LELVZIM AND RENWICK, INC. 380 Shepard Drive Elgin, IL 60123 Deer ReJana Lyon, Wa have completed our review of your'Sialement of Experience and Finanraal Condition• (SEFC) which you submitted for the Fatal year ending Dec 31, 2016, Your finn's Mai anal fransponation fee apadry wal be $27,200400. Ywr firm's payroll burden and "a expense rate and general and admirishative expanse rate totatig 15g-00%are approved on a provisional basis. The rate used fn agreement nagot'raliors may be vadfied by our Offka of Outlay Compliance and Roview in a pre -award ouml. Your firm is required b sugnil an amended SEFC Ihmugh the Fsg77rgpdng Pmquala'lralbn 6 Agreement System iEPA6j in this ollke to show any add"eiprls 4r deletions of your fcensetl profes¢onatsWll aany dherkey pa sorrel !Y at Mould aHedyeurvithin 15 olandar I ins the chantia mid be Change through subrrullad wilh(n 10 plandar days d the change and hs atrbcNded 0ttqugh the Flgineedng Prequallfiadon aM Agreement System (EPAS). Your firth Is ptequaliied unto Det»mber3l, 2017. You wilt be given an additional s x monlhs from the date to subrnit the applicable Wiens of the Itatomeni of Experience and flnandal Condition' (SEFC) to remain proquaiflod, Sincerely. PrLsdla A. T4biaa, P.E. Dire4Wr 4f Prpgram Developmml Assistant Chief Engineer SEFC PREOUpLIFICATIDNS FOA HAMP70N, LENZJNI AND flENWICK, INC. CATEGORY STATUS Spada' Sludaa- Sgrtal Coerdnal'ao a Tmtinp (SCAT) x Spodd&udas-TraIft Squats x $padat $andas-7ra1Lc SIVfF$ x Spetlat SerAws- Electrical Enonoorng x Woe€an Deslgn Studos - Rehatyslalion x t6glrxays- Roadsend $ue63 x LocaCon Design Studies- Now Construciionrt+rajm Rewnslru:Evn X Sped 08luda-F2asip6ly x tawHon Design Sludes-RocroslrudbaidoJa RebAbMation X Spatial SNdes-Safety % Spaciat Sarvims • Surveying x H'ghwmys- Froeways % Spatial Services • Cor=efim Ll*bc an x SWdWas • Hghway:Typical X Stmrdures• Highway:Simp)a X SInKNrai - Hghway: Advanced Typcnl x Enrronmental Rapcds • Emironmental Assmsmare x RWr„ulc Aopods-Pwry SW1mns x layymutc Repons - Walerwa)s:Typical x Hydmufc Reports - Walenvays; Comps x X Spodal Stud as -Loml'cn Drainage x r X �PREOUALIFlED A DETAILS NOTELIf1ED, REVIEIV THE COMhIEMSUNOER CATEGORY VIEW FOR lS IN N EPAS. S PREOUALIFIED, BUT VALL NOT ACCEPT STATEMENTS OF INTEREST li oaf �iraf Department of Financial end Professional Regulation Dtvlsion o1 Professional Regulation LIGENSEND. TnipersoNerm,armrpmme.ne,.rue.:rpu�enmrnnnnmr..em>sneaxrin EXi'IRES: Vggeto llae� a� rrutl are regrlWemnanarmy �umima 184.000959-0014 ioM�MNm 04/30/2019 035.003302 DESIGN FIRM - LS/PE/SE HAMP70N LENZINI AND HENWIGK INC 380 SHEPARD DR ELGIN,IL 60123-7010 //BRYANA SCHNEIDTi.R �it%Rai Ga�ca�,a..c°L�. SEGRE-fARV The oltklal autua Of IHa tleenae can b, 3ESSICA BAER IXAECTOR Hampton, Lenzini, and Renwick, Inc. � 2 SECTION I: INTRODUCTION TO FIRM Services Provided In -House We deliver a broad range of services to municipal, county, state, and federal government clients. Our engineering approach begins with a thorough understanding of the client's goals, taking budget and schedule into consideration, and an in-depth analysis of the community's needs and environmental constraints affecting construction. We pride ourselves on quality. Our work is carefully documented and quality -reviewed. Most importantly, you can expect timely contact with our team, so you know exactly what's happening, when it happens. Below we have highlighted the services we provide in-house Feasibility Studies Public Involvement Intersection Design Studies Federal -Aid Documentation/Reports Grant Applications & Assistance Bridge, Culvert and Retaining Wall Design Foundation Design Structure Inspections & Assessments Bridge Evaluation & Planning Asset Management Utility Mapping System Modeling Database Design Training Roadway/Stormwater Improvements Lighting Evaluation & Design Development Plan Review ADA-Compliant Design and Planning Pavement Evaluation/Maintenance Traffic Signal/Interconneet Design OPurnizafion/Re-Optimization Signal Coordination and Timing Temporary Signal Timings Traffic/Speed/Safety Studies NPDES Documentation Native Area Management Wetland Delineations/Permitting Green Infrastructure Design/Build CCDD, Air, and Noise Analysis Construction Observation Public Relations/Coordination Erosion and Sediment Control Construction Layout/Verification Documentation/ICORS/eFieldReporting Iv Infoi_i�%f�4�\°h�hujlr,@Illa'�%\l�n�llVf���itk�7.P1 Topographic/Route/Boundary Surveys Right -of -Way Surveys and Plats ALTA/NSPS Land Title Surveys Drone Surveys Appraisals and Negotiations Funding Identification &Application Feasibility Studies Planning & Permitting Water/Wastewater Treatment Facilities Water Storage & Distribution Pump & Metering System Design We are fully staffed and equipped to provide all design and construction services for any project. Our staff consists of a team of engineers with extensive experience working directly with many jurisdictions, municipalities, and counties within Illinois. Our technical staff currently includes: ■ 27 Licensed Professional Engineers ■ 4 Licensed Structural Engineers ■ 9 Licensed Professional Land Surveyors ■ 3 Professional Traffic Operations Engineers ■ 8 Designated Erosion Control Inspectors ■ 4 Certified Floodplain Managers ■ 5 Certified Wetland Specialists ■ 2 Professional Wetland Scientists 3 Certified Professionals in Erosion and Sediment ■ Control ■ 2 Certified General Appraisers ■ 1 IDOT-Approved Negotiator ■ 3 Certified Arborists ■ 14 Certified IDOT Quantity Documentation Inspectors ■ 3 Certified Public Infrastructure Inspectors ■ 1 Licensed Professional Geologist Hampton, Lenzini, and Renwick, Inc. � 3 SECTION Ii: PROJECT UNDERSTANDING +APPROACH We understand that the City is seeking a qualified engineering firm with the expertise and experience necessary to provide preliminary engineering services for the Bull Valley Road Shared Use Path. The scope of work includes, but is not limited to: land surveying, geotechnical, environmental, and preliminary engineering services for bicycle improvements; ADA-compliance; and culvert improvements. Once completed, it will provide safer and more efficient transportation for bicyclists and pedestrians. Bull Valley Road is a minor arterial with an Average Daily Traffic (ADT) of 16,000 vehicles per day (VPD); IL Route 31, the eastern limit, is a State route principal arterial with 22,000 VPD and Ridgeview Drive, in the middle of the project, is a major collector. The single-track at -grade crossing at the western project limit is operated by the Union Pacific Railroad (UPRR) and has an average of 8 trains per day (all commuter trains). The speed limit within the project area is 50-miles-per-hour (mph). Bicycle facilities are located on either end of the project; the McHenry County Conservation District (MCCD) Prairie Trail is located on the west side of the UPRR tracks and the Moraine Hills State Park is east of IL Route 31. This project will provide the connection between these two trail systems. An integral part of the project schedule will be coordination with the Illinois Commerce Commission (ICC) for crossing the UPRR tracks. Centegra Hospital McHenry is located on the southwest corner of Bull Valley Road and IL Route 31, due to the size of the hospital property, this project should not impact the building or the function of the site. Our team is ready, eager, and qualified to take on this responsibility. We have provided similar services to many other municipalities such as the Cities/Villages of Woodstock, Crystal Lake, DeKalb, and Arlington Heights. We are committed to performing the requested services on time, with the staff members proposed herein, and in a manner, that meets or exceeds the scope described in your Request for Proposal (RFP). Hampton, Lenzini, and Renwick, Inc. � 4 SECTION II: PROJECT UNDERSTANDING +APPROACH Our Phase I team visited the site on February 16, 2018. Based on this visit and our previous work on similar projects, we have developed a summary of critical components that need to be considered: Critical Project Components ■ Coordination: With the UPRR within the project limits, timely communication will be essential to move the project forward. Since the City is working with McHenry County Division of Transportation on this project, continual coordination with the two agencies is needed to ensure that everyone stays current on project progress and can provide input on the decisions made during the project. ■ ADA/PROWAG Compliance: It was noted that the existing multi -use path near IL Route 31 and Ridgeview Drive is in good condition and the ramps meet current ADA/PROWAG guidelines. We will design the new multi -use path and ramps per the ADA/PROWAG requirements. The design of these pathways and ramps should only be undertaken by an experienced engineering team that can prepare plans and guide the contractor to building them correctly the first time. Otherwise, rework, corrections, or removal/replacement will be required, possibly causing delays to the schedule and cost disputes between the contractor and City during construction. Our engineers lead yearly seminars for our clients regarding ADA/PROWAG compliance and have become a trusted source in the industry. In addition, we have created ADA/PROWAG checklists to catch common mistakes and verify that ramps are designed and constructed with .proper slopes and dimensions. ■ Existing Infrastructure: We will coordinate with utilities to determine their location throughout the improvement limits. We will also complete the required topographic survey to locate manholes, hndholes, utility poles, and other parkway appurtenances. Our team will then use this data to avoid potential conflicts during the design phase. ■ Right -of -Way and Easements: We will review and determine the existing right-of-way during survey activities. All efforts will be made to stay within the right-of-way or previously dedicated permanent easements. If additional right-of-way or easements are needed, they will be identified at the beginning of the preliminary design process. This information will be presented to the City to ensure proper arrangements and negotiations can commence. Our staff, located in the Elgin office, will complete the necessary land acquisition services including land survey, appraisals, and negotiations, if required. ■ Preliminary Environmental Site Assessment (PESA): A special waste screening will be completed at the start of the project. Since there is railroad right-of-way involved, a PESA is automatically required. Riverwood Elementary School and the nearby commercial area are also cause for contamination concerns. ■ Environmental Surveys: There are mapped wetlands within the project limits, which requires wetland delineations be completed. An informational EcoCAT was also conducted and determined that the Blanding's turtle was idened nearthe project. Since thewetland has a high habitatvalue, special care forthe Blanding's turtle may be required. Hampton, Lenzini, and Renwick, Inc. � 5 SECTION II: PROJECT UNDERSTANDING + APPROACH Critical Project Components (continued) ■ Funding Sources: We constantly track potential funding sources so that our staff can use the most comprehensive approach when developing your improvements. This will allow the City to save on costs and allow for future infrastructure improvements for the community. We anticipate the following funding sources to be applicable to this project: Surface Transportation Program (STP): Funding for this project can be applied for through the McHenry County Council of Mayors. Currently, the Chicago Metropolitan Agency for Planning (CMAP) is revising the method for distributing STP money to the councils and have requested no new projects be added to the program. The next call for STP projects will likely be in 2019, once the new STP allotments for each council are determined. — Congestion Mitigation and Air Quality (CMAQ) and Transportation Alternatives Program (TAP-L): CMAQ and TAP are federally -funded programs designed to improve air quality and mitigate congestion. Bike path connections can be included as improvements to transit access under CMAQ and TAP-L. These programs are combined and are typically on a 2-year cycle with the next call in Winter 2019. — Illinois Transportation Enhancement Program (ITEP): ITEP is designed to promote and develop alternative transportation options, including bike and pedestrian travel. The projects must be related to surface transportation and can be applied for by any local or state government with taxing authority. The most recent call ended in December 2017, with selections being announced in Spring 2018. [DOT has not yet announced when the next call for projects will be. — Grade Crossing Protection Fund (GCPF): The GCPF, appropriated to IDOT but administered by the Illinois Commerce Commission ([CC), was created by the General Assembly to assist local jurisdictions (counties, townships, and municipalities) in paying for safety improvements at highway -railroad crossings on local roads and streets. The last call for projects was in June 2016 for Fiscal Years 2017 and 2018. It is anticipated that a call for Fiscal Year 2019 will be held in Summer of 2018. Public Involvement We understand that public involvement early and throughout the transportation decision -making process is important to the City. Meaningful public involvement efforts build trust and credibility, along with enhancing the awareness and understanding of the City's actions, therefore reducing anger and confusion from affected residents. Capturing the public's interest takes effort and continual attention. Our team will develop a public involvement plan to ensure the following goals are achieved in the preliminary and design phases of the project: ■ Provide useful, timely information to the public throughout the development of the project. ■ Proactively seek public comments and involvement in planning and project development. ■ Respond to comments and suggestions in a timely manner. ■ Ensure public comments are fully considered, so that useful ideas are incorporated into the project given availability of resources, policy constraints, and as appropriate. We propose holding a public meeting only after an alignment has been selected and provide various other coordination efforts for the project throughout the duration. It is not anticipated that a public hearing will be required for the project and we think the preferred alignment will be dictated mainly by the location of the existing multi -use paths near the project. Meetings with individual impacted property owners can handle any specific concerns that may arise. Messaging will be delivered in a concise, clear manner without engineering terminology, which can be confusing to the public. Hampton, Lenzini, and Renwick, Inc. � 6 SECTION II: PROJECT UNDERSTANDING +APPROACH Project Approach/Methodology Our team will work as an advocate for the City to deliver ahigh-quality project. This will entail a thorough understanding of the City's goals, taking budget and schedule into consideration, and making an in-depth analysis of the community's needs affecting design. Our engineers implement the following quality assurance focused approach: Communication: Effective communication with all stakeholders on a project is where we shine. Whether it's akick-off meeting with the City or personal meetings with affected residents, our staff will always make information distribution a priority. We will supply McHenry's staff with regular design status and milestone updates via e-mail, phone, or project reports (as desired.) We realize the importance of public presentations to convey our design plan to residents to ensure they understand what is being proposed and have an opportunity to voice any concerns and have their questions answered. Coordination: We have extensive experience working with IDOT, FHWA, ICC, McHenry County Council of Mayors, and other agencies that will potentially be involved in this project. Our existing relationships will help expedite the permitting process. This also includes coordination with utility companies to verify the location of existing facilities, identifying potential conflicts with the proposed improvements, and schedules for completing the relocation efforts. To keep the project on schedule, early coordination with the UPRR and ICC will be necessary. Due to the connection to the Prairie Trail, coordination with the McHenry County Conservation District is also needed. Constructability: Our OC/QA Program will be a key component in the successful delivery of the project design. This process eliminates errors and omissions, emphasizes collaboration, limits repeated work, and reduces comments/plan changes. The Project Managerwill review and check all project calculations, drawings, and specifications at scheduled intervals throughout the design. Hampton, Lenzini, and Renwick, Inc. � 7 SECTION II: PROJECT UNDERSTANDING + APPROACH Scope of Services We can perform all services outlined in the Request for Proposal (RFP). We anticipate the following steps needed to complete this project on -time, within budget, and with the least impact to residents. We look forward to working with City staff to fine-tune this approach and meet the exact needs of the project. If the project schedule or scope of work changes, HLR has additional staff and resources available to ensure that engineering is still completed on -time. Early Coordination 8� Data Collection Initial Coordination and Project Start-up — We will attend and participate in akick-off meeting with the City and IDOT to review desired outcomes, potential issues, and schedule. We will also provide the City with monthly status updates. Our team will field inspect the site to confirm topographic survey requirements, check as -built plans against actual conditions, and take photos. We will also obtain and review any existing or proposed studies on file. Field and Topographical Surveys Topographic Survey — We will complete a topographic survey upon receiving authorization to proceed. The route survey will include cross sections at 50' intervals and all driveways from the edge of pavement to 20beyond the right- of-way. We will also include cross sections at critical locations, shoulder, landscape items, and utilities. Survey of Public and Private Utilities —All utilities, including complete manhole inspections will be completed as part of the topographic survey. Tree Survey —All trees located within 20' of the existing right-of-way will be identified by our environmental engineers and locations will be determined by the survey crew for inclusion in the existing conditions file. Right-of-way — We will locate visible property corners and establish the existing right-of-way based on record documents. Full adjacent property surveys and drain tile surveys are not required for Phase I of this project. Utility Coordination Utility coordination will be done early in the Phase I process to ensure the project moves forward in a timely manner. A design -level JULIE request will be completed to determine which utilities are located within the project limits. Geotechnical Investigation � Geotechnical Reports Soil and Pavement Borings —Soil/pavement borings will be completed by our subconsultant, Rubino Engineering, Inc. We propose 8 soil borings for the multi -use path. The results of CCDD testing and the IEPA LPC #662 and #663 are valid for 12- to 18-months from the testing date and should be completed during Phase II. We will order the environmental and historical database review for the area within the proposed project limits under the PESA task. This report and review is required for the [EPA LPC #662 and #663 permitting process. This database will be reviewed for Potentially Impacted Properties (PIPs). Hampton, Lenzini, and Renwick, Inc. � 8 SECTION II: PROJECT UNDERSTANDING +APPROACH Environmental Studies Environmental Survey Request — We will complete all environmental surveys needed for the Phase I study and work with the design engineers to reduce environmental impacts. This project will require an IDOT ESR for state and federal funding, which includes studies for the Illinois Historic Preservation Agency for cultural resources, the Illinois Department of Natural Resources for State -listed threatened/endangered species, and the U.S. Fish and Wildlife Service for federally -listed threatened and/or endangered species. Special Waste — A Preliminary Environmental Site Assessment (PESA) Report will be prepared for the project limits. The UPRR crosses Bull Valley Road at the west edge of the project, which presents the risk for potentially contaminated soils. The most common contaminants found along rail corridors include: arsenic, metals, petroleum products, coal ash, and polynuclear aromatic hydrocarbons (PAHs). Other potential concerns are creosote from railroad ties, asbestos from roofing shingles, air compressors, transformers, capacitors, and mercury from combustion products/leaking gauges. The PESA will be prepared using historical and geological information. The methods used will be in accordance with "A Manual for Conducting Preliminary Environmental Assessments for Illinois Department of Transportation Highway 1 Projects (Erdmann et at., 1996)," and the "Bureau of Design and Environment (BDE) Guidance, Special Waste Procedures, February 2011." The PESA will include a database search, review of historical records, on -site evaluation, and review of other project conditions that may give insight into the existing environmental conditions along the route. j Once the review is done, a written report will be completed and submitted as documentation to the on -site analysis. This report will accompany site photographs, maps, and the above referenced documentation, which will be used to assist with the project evaluation and any applicable recommendations. Depending upon the PESA report results, soil sampling may be recommended. Typically, the soil samplings and Preliminary Site Investigation are completed in Phase Il. Wetland Delineation and Report: The National Wetland Inventory map indicates the presence of four mapped wetlands or waterways, confirmed by our field site visit and aerial review. Therefore, we propose to complete a formal wetland delineation of the project area. The wetland delineations will be conducted to meet the requirements of Executive Order 11990, "Protection of Wetlands", Section 404 of the Federal Water Pollution Control Act as amended by the Clean Water Act (Corps of Engineers, Section 404 Permit), and IEPA Section 401 Guidelines regulations. A wetland delineation letter report will be prepared summarizing the findings of the fieldwork, including mitigation recommendations and options. The final determination of impacts and mitigation requirements will be coordinated through ]DOT BDE and the Illinois Department of Natural Resources. If wetland mitigation is required, we will evaluate the feasibility of alternatives. The mitigation options include accumulation through IDNR, the purchase of wetland bank credits, or the design and construction of a wetland site. We will assist the City with obtaining wetland bank credits; however, if on -site wetland mitigation is needed, a separate proposal will be prepared. The wetland delineations will be summarized in the Wetland Impact Evaluation Forms (UVIE). These documents will be submitted to IDOT for review. Tree Survey and Report: We will conduct a tree survey within the project limits to identify tree type, diameter, health, and structure. At tree survey report will be prepared according to IDOT requirements to identify impacted trees. Evaluation of bat habitat may also be required and can be completed with the tree survey. Drainage Studies Hydraulic Analysis of Box Culvert — HLR drainage personnel will perform a field visit to establish existing conditions and document unique site drainage characteristics. There will be continuous coordination between the drainage design needs and the geometric design of the multi -use path. It is expected that this project will be classified as a Public Road Development under the McHenry County Stormwater Management Ordinance. However, we anticipate that the threshold of new impervious areas will not be exceeded and that stormwater storage will not be required. Flows to the culvert will be determined using UGSS Stream Stats. These flows will be modeled through the existing and proposed culvert alternates using FHWA's HY-8 Culvert Hydraulic Analysis program. A cursory review of the culvert indicates that it would be hydraulically adequate if extended. Hampton, Lenzini, and Renwick, Inc. � 9 SECTION II: PROJECT UNDERSTANDING + APPROACH Drainage Studies (continued Location Drainage Study — A Location Drainage Tech Memorandum will be prepared to document, summarize, and report on the modeling, analysis, results, and proposed drainage improvements. Preliminary Drainage Design — We will prepare preliminary drainage plans to be included with the Location Drainage Tech Memorandum. Crash Analysis &Design Traffic Data Crash Analysis —Crash data for the intersections of Ridgeview Drive and IL Route 31 with Bull Valley Road for the last 5-years will be analyzed for any pedestrian and bicycle crash patterns. 9 Design Traffic Data — We will request bicycle volumes on the Prairie Trail from the MCCD, as well as any information that McHenry County Division of Transportation has for the path segment east of the project limits. The information available will be used to determine proposed user volumes on this segment of the path. Develop and Evaluate Design Alternatives Design Alternatives — We will prepare the preliminary design of the Bull Valley Road bicycle path, profile, and cross sections. Several alternatives will be investigated and presented to the City for feedback. Our initial proposed design will be on the north side of Bull Valley Road to connect to the existing paths on either end of the project. If a cursory review of the north side of the road reveals significant concerns, an alignment on the south side of the road will be evaluated. We propose designing 3 separate alignments for the City to review. All proposed alignments will keep the multi -use path adjacent to the culvert, ensuring a separate structure is not necessary. The final design will be shown on plan and profile exhibits in the Project Development Report (PDR). Our team will prepare an engineering opinion of probable costs for the construction of each investigated improvement. Preliminary Design Preliminary Design —The culvert under Bull Valley Road to the east of Ridgeview Drive was recently constructed, meaning it is likely still in good condition. We propose to first evaluate extending the existing culvert both hydraulically and structurally to determine a cost for this improvement. Generally, the cost of replacing the culvert, if extending it causes hydraulic concerns, is significantly less than installing a separate structure. We propose keeping the path near the roadway in the vicinity of the culvert for all alignments, so the culvert can be extended. We do not feel a separate structure will be a viable option, so there is no need for a type, size and location drawing as part of this project. ADA Analysis —There are existing multi -use paths to the east and west along the north side of Bull Valley Road as well as near Ridgeview Drive. For continuity, the initial multi -use path designs will be on the north side of the roadway. Potential impacts will be evaluated, and if necessary, an alternate design on the south side of the street will be analyzed. The signalized crossings at Ridgeview Drive and IL Route 31 appear to meet current ADA guidelines. The remainder of the proposed path will also be designed to meet current guidelines. Scott Rodseth, our Construction Manager, has overseen 1,000 ramp installations and will perform QC/QA on the proposed ramp and multi -use path designs to ensure they are constructed in compliance with accessibility regulations. Project Development Report Project Development Report (PDR) — We will prepare a PDR summarizing our analyses, findings, and recommendations for the proposed improvements. As the PDR is developed, we will coordinate review of this document with the City. Once City staff approves the draft document, we will submit to IDOT for review. Upon receipt of review comments, we will make necessary updates and resubmit to IDOT for Design Approval, Hampton, Lenzini, and Renwick, Inc. � 10 SECTION II: PROJECT UNDERSTANDING + APPROACH Project Development Report (continued) Maintenance of Traffic (MOT) Plan —We will complete a cursory analysis of Bull Valley Road for traffic management during construction. Maintaining access to the businesses along Bull Valley Road is vital to the success of the project and will be kept at the forefront for all staging. It is not anticipated that construction of the path will significantly impact traffic. Submittals — We will make the following submittals to the City and IDOT: ■ Preliminary (50%): City review ■ Pre -final (90%): City and [DOT review ■ Final (100%): City and ]DOT submittal - ------------ -- Assistance with Grant Applications Grant Applications — We will assist the City with preparation of grant applications to secure funding for the project j construction. We have a successful history of assisting municipalities with obtaining funding for projects. Agency Coordination Local Agency and Utility Coordination —Because we are a local firm, we can respond to your questions/concerns and routinely attend impromptu meetings with short notice. Our team will coordinate project activities with the City on an ongoing basis via phone, email, and personal meetings. Meeting minutes will be prepared for approval. We also anticipate an FHWA coordination meeting at IDOT to obtain concurrence for Federal Approved Categorical Exclusion processing and any possible design exceptions that may be needed. Though the project is being led by the City, ongoing coordination with the McHenry County Division of Transportation and McHenry County Conservation District will ensure both organizations can provide input on the selection of the preferred alignment. Illinois Commerce Commission (ICC) & UP Railroad / Metra —Coordination with the ICC and UPRR / Metra will need to be started early in the Phase I process to maintain the desired project schedule. Typically, the railroads require notification of the project and will meet to discuss the proposed crossing in Phase ll, when full construction plans are available for review. A new crossing may require an ICC hearing. Public Involvement We will coordinate with affected property owners. Conceptual plans that show the proposed improvements and their impacts to the property will be sent out to get the property owner's input. We can also offer one-on-one meetings with those affected to discuss the proposed improvements and answer any questions they may have. Public Involvement — We will prepare for and attend a pu bl ic/stake holder meeting and a public hearing to provide details about the proposed improvement to area residents and businesses. We will prepare post cards and advertise in the newspaper to invite the public to the meeting. Exhibits will be provided during the meeting will include: Aerial strip maps ■ Project location maps Existing and proposed cross section exhibits ■ Crash exhibits Right-of-way acquisition (if required) ■ Bike and pedestrian exhibits Comments from the meeting will be compiled, summarized, and distributed to all participants as a newsletter or response letter. One public information meeting is adequate for the scope of this project. We feel the alignment selection will be driven by the locations of the existing multi -use paths. We can also hold individual meetings with affected property owners to discuss their concerns if necessary. It is assumed that the City will submit the newspaper advertisements to a local newspaper. Hampton, Lenzini, and Renwick, Inc. � 11 SECTION II: PROJECT UNDERSTANDING + APPROACH Meetings We will prepare for, attend and write meeting minutes for the following anticipated meetings: ■ Project kick-off meeting with City ■ IDOT Phase I kick-off meeting ■ FHWA/IDOT Coordination meeting ■ Progress meeting with the City ■ Meeting with [CC and UPRR / Metra ■ MCCD coordination meeting Project Administration Project management and administration will last throughout the expected 14-month duration of the work order. Management and administration are necessary to ensure the successful completion of the project. The expected activities within this task include: ■ Project schedule/progress monitoring ■ Staffing, monitoring, including allocating staff, as needed ■ Budget monitoring ■ Document management ■ Staff coordination ■ Invoicing Hampton, Lenzini, and Renwick, Inc. � 12 SECTION III: ANTICIPATED PROJECT Y.HtUULL City of McHenry PROPOSED PROJECT SCHEDULE zate zoos Apr May Jun July Aug Sept Oct Nov nec Jan Feb hfar AM Item .__.._.. .. _.... __.___ __. ___. ._..-___ ____. _.. _.._ .._._...._ .... _.._..,_....._. .._I.__._._ — _ 1 Authorization to Start - Kickoff Meeting with City (Mar_ 19, 2018) 2 Kickoff Meeting with 1DOT 3 Data Golecbon & Topographic Survey 4 Environmental Field Rewnew & $I ndies Cincpnfmg [DOT processing) 5 Midi -use Path Design 6 Alternatives SubFnVbd b CRY - 7 Meetings with ICC, UP RaiYoad & MCCD 8 Public / Stakeholder Meng 9 Draft Prgect Development Report (PDR) 10 City and IDOT Review of PDR 11 RMPJIDOTfij)M Agency Coordmaum Meeting 12 Public Hearing ! Property Owner Meelongs 13 Final PDR / Disposition to Comments 14 Submillal of final PDR ID iDOT 15 Protect Design Approval 16 Funding Review and Application Hampton, Lenzini, and Renwick, Inc. � 13 SECTION IV: PROPOSED PROJECT TEAM We assign staff to a project based on their prior experience and technical expertise in the scope of work anticipated. Once assigned to a project, they will be involved in the project from beginning to end. Below is an organizational chart for our proposed staff, crry or _ - Mc en r,Qom I[ A 1 1 0, , X r r I I 11 1 1 1 Project Manager i Amy McSwane, PE, PTOE amcswane(d). hl reng. com Preliminary Engineering Manager, over 17 years of experience, funding specialist, previous IDOT Phase I Project Manager Project Engineers Dan Sherman, PE dsherman aLW, reng.com 12-years of municipal and state funding Phase I experience, University of Illinois MSCE, design and construction knowledge Nick Halan nhalan@hlreng.com Phase I and traffic engineering specialist, 1 yearofexperience, concept toconstruction project knowledge CPESC Erica Spolar, CWS Randy Newkirk, PE, CFM Eric Haglund, PLS esaolarta�hlreng.com mewkirk(a�hrleng.com ehaglundt�hlreng.com Over 20-years of experience, protected Design Engineering Manager, 19-years of Survey and Land Acquisition Manager, species specialist, erosion control expert, experience, storm water design and 25-years of experience extensive pennitling knowledge ordinance interpretation expert Olcott, PE, CFM, colcottfalhrleng.crom Storm water and drainage specialist, erosion control expert, 8-years of drainage study and report experience Lead d Structural E Karen Kase, PWS, CPESC Andy Underwager, PE, SE John Sweet, PLS kkase(a hlreng.com aunderwager(a�hlreng.com ' Isweetfa hireng.com 1 D-years of experience, Certified Arborist, Field operations of project land and right -of CCDD permitting proficient, Native Area Engineer, 19 years of way surveys expert, 37-years of experience, Management Leader experience, bridge expert plats and legals preparation specialist Pat Hickey, PWS, CPESC phickevCa hlreng.com 24years of experience, CertifiedArborist, wetland delineation expert, ecology and environmental regulation specialist Rubino Engineering, Inc. Michelle Lipinski, PE michelle.lioki aC fnsDrubinoeng.com W BE -Certified; HMA Level I/llllll; PCC Level I1IUIII; S-33 Field Testing; Soil Borings Hampton, Lenzini, and Renwick, Inc. � 14 Michelle Lipinski, PE michelle.lioki aC fnsDrubinoeng.com W BE -Certified; HMA Level I/llllll; PCC Level I1IUIII; S-33 Field Testing; Soil Borings Hampton, Lenzini, and Renwick, Inc. � 14 Route Local Agency Section Project Job No. Existing Structure No, Bull Valley Road City of McHenry 0 0 0 0 Method of Compensation: Standard Hourly Rate Exhibit A - PHASE 1 ENGINEERING Bull Valley Road Multi -Use Path McHenry, IL Cost Estimate of Consultant's Services in Dollars *Firm's approved rates on file with IDOT's Bureau of Accounting and Auditing: Complexity Factor (R ) Calendar Days Date: 2/19/2018 Element of Work Employee Classification Man- Hours Hourly Rate (MH) x Hourly Rate Services by Others In -House DirectTotal Costs IHDC 1 Early Coordination & Data Collection $ - $ - $0.00 Engineer 8.0 $133.00 $1,064.00 $1,064.00 Engineer 1 1 10.0 1 $82,001 $820,00 $820,00 2 Field and Topographical Survey $ - $100,00 $100400 Technician 1 16.0 1 $70,001 $1,120,00 $17120,00 Survey 2 34.0 1 $1180001 $4,012,00 $4,012.00 Survey 1 84.0 1 $91,001 $7,644,00 $7,644,00 3 Utility Coordination $ - $0.00 $0.00 Engineer 4 1 1.0 1 $133,00 $133.00 $133,00 Engineer 1 1 8.0 1 $82*001 $656,00 $656.00 4 Geotechnical Investigation $ 31400,00 $ - $3,400,00 5 Environmental Studies $ - $350,00 • $350,00 Principal 2.0 $205,00 $410.00 $410,00 Engineer 4 4.0 $133400 $532.00 $532,00 Engineer 1 12.0 $82.00 $984,00 $984.00 Technician 1 6.0 $70.00 $420,00 $420,00 Environmental 27.0 $124,00 $3,348,00 $3,348.00 Environmental 1 101.0 1 $66,001 $6,666,00 $63666.00 6 Drainage & Hydraulic Studies $ - $0.00 $0.00 Engineer 15.0 1 $133,00 $1,995.00 $1,995000 Engineer 2 85.0 1 $1054001 $8,925,00 $8,925.00 Structural Engineer 2 4.0 1. $175,001 $700,00 $700.00 7 Crash Analysis & Design Traffic Data $ - $ - $0.00 Engineer 4 1 3.0 1 $133.00 $399.00 1 1 $399,00 Engineer 1 12.0 1 $82,001 $984,001 1 $984,00 EXHIBIT A Printed on 2/21/20188:50 AM Page 1 of 3 Exh A -Hourly Rate Route Local Agency Section Project Job No. Existing Structure No Bull Valley Road City of McHenry 0 0 0 0 Method of Compensation: Standard Hourly Rate Exhibit A -PHASE 1 ENGINEERING Bull Valley Road Multi -Use Path McHenry, IL Cost Estimate of Cnnwultant's Sr�rviccac in Ilnllarc *Firm's approved rates on file with IDOT's Bureau of Accounting and Auditing: Complexity Factor (R) 0.0 Calendar Days 0 Date: 2/19/2018 In -House Element of Work Employee Classification Man- Hourly (MH) x Services by Direct Total Hours Rate Hourly Rate Others Costs IHDC 8 Develop and Evaluate Design Alternatives $ - $ - $0.00 Engineer4 8.0 $133.00 $1,064.00 $1,064.00 Engineer 1 36.0 $82.00 $2,952.00 $2,952.00 Technician 1 24.0 $70.00 $1,680.00 $1,680.00 9 Preliminary Design $ - $ - $0.00 Engineer 6 2.0 $158.00 $316.00 $316.00 Engineer4 16.0 $133.00 $2,128.00 $2,128.00 Engineer 1 38.0 $82.00 $3,116.00 $3,116.00 Technician 1 60.0 $70.00 $4,200.00 $4,200.00 10 Project Development Report (PDR) $ - $ - $o.00 Engineer 6 4.0 $158.00 $632.00 $632.00 Engineer 4 20.0 $133.00 $2,660.00 $2,660.00 Engineer 1 70.0 $82.00 $5,740.00 $5,740.00 11 Assist with Grant Applications $ - $ - $o.00 Engineer4 14.0 $133.00 $1,862.00 $1,862.00 Technician 1 36.0 $70.00 $2,520.00 $2,520.00 12 Agency Coordination $ - $ - $0.00 Engineer 6 26.0 $158.00 $4,108.00 $4,108.00 Engineer 4 18.0 $133.00 $2,394.00 $2,394.00 13 Public Involvement $ - $ 168.00 $168.00 Engineer 6 16,0 $158.00 $2,528.00 $2,528.00 Engineer 4 20.0 $133.00 $2,660.00 $2,660.00 Engineer 1 30.0 $82.00 $2,460.00 $2,460.00 Technician 1 20.0 $70.00 $1,400.00 $1,400.00 Administrative 1 16.0 $60.00 $960.00 $960.00 Printed on 2/21/20188:50 AM Page 2 of 3 EXHIBIT A Exh A -Hourly Rate Route Local Agency Section Project Job No. Existing Structure No. Bull Valley Road City of McHenry 0 0 0 0 Method of Compensation: Standard Hourly Rate Exhibit A - PHASE I ENGINEERING Bull Valley Road Multi -Use Path McHenry, IL Cost Estimate of Consultant's Services in Dollars *Firm's approved rates on file with IDOT's Bureau of Accounting and Auditing: Complexity Factor (R) 0.0 Calendar Days 0 Date: 2/19/2018 Element of Work Employee Classification Man- Hours Hourly Rate (MH) x Hourly Rate Services by Others In -House Direct Costs IHDC Total 14 Meetings $ - $ - $o.00 Engineer 6 18.0 $158.00 $2,844.OD $2,844.00 Engineer4 39.0 $133.00 $5,187.D0 $5,187.00 15 Project Administration and Management $ - $ - $D.00 Engineer 6 37.0 $158.00 $5,846.00 $5,846.00 Totals 1000.0 $ 100,069.00 $ 3,400.D0 $ 618.00 $ 104,087.00 Printed on 2/21/20188:50 AM Page 3 of 3 EXHIBIT A Exh A -Hourly Rate Route Bull Valley Road Local Agency City of McHenry Section WORK HOUR ESTIMATE FOR CONSULTING SERVICES Phasel Engineering Bull Valley Road Multi -Use Path Description Principal Engineer6 Engineer4 Engineer2 Engineerl Structural Engineer2 Technician1 Survey2 Surveyl Environmental 2 Environmental 1 Administrative 1 Sub -Consultant Costs In House Direct Casts 1 Early Coordination &Data Collection 1.1 Field Visit 6 6 nl Ia oor Ina on SUB -TOTAL 1g.0 PERCENT g.0 44% 1D.D 56% g - $ _ 2 Field and Topographical Survey 2.1 Control 32 2.2 Topographic Survey (Including tree survey) 52 2.3 ROW Locate zD 2.4 Boundary Calculations g 2.5 County Research � 5 2.6 Topographic Drafting 16 SUB -TOTAL 134.0 PERCENT � 16,0 12% 34.0 25% g4.0 63% $ - $ 1D0.00 3 Utllily Coortllnation 3.1 Design -level JULIE locate 1 6 SUB -TOTAL 9.0 PERCENT 1.0 11% B.0 89% $ _ $ _ 4 Geotechnical Investigation 4.1 Soll Borings (B soi borings and 2 structural borings by Rubino Engineering) $ 3,400.00 SUB TOTAL PERCENT $ 3,40D.DD $ _ 5 Environmental Studies 5.1 Environmental Burvey Request 4 12 5.2 Special Waste 2 4 8 50 5.3 Wetland Delineation &Report 2 B 35 5.4 Tree Survey 11 16 SUB -TOTAL 152.0 PERCENT 2.0 1% 4.0 3% 12.0 8% 6.0 4% 27.0 1g% 101.0 66% $ - $ 350.00 6 Drainage&Hydraulic Studies 6.1 Hydraulic Analysis 3 15 4 6.2 Drainage Study a 50 s.3 Preliminary Drainage tlesign 4 20 SUB -TOTAL 104.0 PERCENT 15.0 14% 65.0 82% 4.0 4% $ _ $ _ 7 Crash Analysis 8, Design Traffic Data 7.1 Crash Analysis 2 g 7.2 Design Year Traffic Volumes (bike and ped) 1 4 SUB -TOTAL 15.0 PERCENT 3.0 20% 12.0 BO% $ _ $ _ 8 Develop and Evaluate Design Alternatives 6.1 Prepare 3 design alternatives (plan viewand profle only; no cross sections) 8 36 24 SU8-TOTAL 68.0 PERCENT B.0 12% 36.D 53% 24.0 35% $ - $ - 9 Preliminary Design 9.1 Preliminary Design (Typical Sections, horz. And verL alignment, cross sections) 8 20 36 9.2 ADA Analysis 2 4 � e 12 9.3 Revisions per IDOT and City comments 4 10 12 SUB -TOTAL 116.0 PERCENT 2.0 2% 16.0 14% 38.D 33% 60.0 52% $ _ $ _ 10 Project Development Report (PDR) 10.1 Prepare and submit PDR (Draft and Final) 4 20 70 10.2 Estimate of Cost SUB -TOTAL 94,0 PERCENT 4.0 4% 2D.D 21% 70.0 74% $ - $ _ Printed on 2/21/20188:48 AM 1 of 2 EXHIBIT A Hours by Task Route Bull Valley Road Local Agency Clty of McHenry Section WORK HOUR ESTIMATE FOR CONSULTING SERVICES PhaselEngineering Bull Valley Road Multi -Use Path ' Description Principai Englneer6 Engineer4 Engineer2 Engineer1 Structural Engineer2 Technlcian1 Survey2 Surveyl Environmental 2 Environmental 1 Administrative 1 SubLonsultant Costs In House Direct Costs 11 Assist with Grant Applications 11.1 Prepare exhibits for 2 grant applications 2 36 11.2 Provide text for 2 appllcations 12 SUB -TOTAL 6D,0 PERCENT 14.0 28% 36,0 72% $ _ $ _ 12 Agency Coordination 12.1 Coordination with lDOT/FHWA 6 6 12.2 Coordination with ICC & UP/Metre 8 6 12.3 Coordination with MCDOT, City and MCCD 12 6 SUB -TOTAL 44.0 PERCENT 26.0 69% 18,0 41% $ _ g _ 13 Public Involvement 13.1 Public Information Meeting 16 20 30 20 16 SUB -TOTAL 102.0 PERCENT � 16.D 16% 2D.0 20% 30.0 29% 20.0 20% 16.0 16% $ - $ 168.00 14 Meetings 14.1 City kick-off meeting 3 6 14.21DOT kick-ofF meeting 3 6 14.3 FHWA/IDOT Coortlination Meeting 3 9 14.4 Clty status meeting 3 6 14.6 Meeting with ICC, UP RR, and Metre 3 6 ' 14.6 Meeting vn[h MCCD 3 6 SUB -TOTAL 67.0 PERCENT 18.0 � 32% 39.D 68% $ - $ _ 15 Project Administration and Management Account set-up q Schetlule � 6 Invoicing 9 Budget Reviews 6 Progress Reports 12 SUB -TOTAL 37.0 PERCENT 37.0 100% $ - $ _ TOTALS 1000.0 PERCENT 2.0 0% 103.0 10% t68.0 17% 86.0 9% 216.0 22% 4.0 0% 162.0 16% 34.0 3% 84.0 3% 27.0 3% 101.0 10% 16.0 2% $ 3,400.00 $ 618.00 Printed on 2/21/20166:46 AM 2 of2 EXHIBIT A Hours by Task Local Agency City of McHenry Bull Valley Road Multi -Use Path City of McHenry Phase I Engineering Escalation Factor 1.000 Classification 2018 Actual Rate Adjusted Rate Principal $ 69.00 $ 69.00 Engineer 6 $ 53.00 $ 53.00 Engineer 5 $ 50.17 $ 50.17 Engineer 4 $ 45.32 $ 45.32 Engineer 3 $ 40.38 $ 40.38 Engineer 2 $ 35.20 $ 35.20 Engineer 1 $ 27.50 $ 27.50 Structural Engineer 2 $ 59.67 $ 59.67 Structural Engineer 1 $ 43.00 $ 43.00 Technician 3 $ 39.25 $ 39.25 Technician 2 $ 30.12 $ 30.12 Technician 1 $ 23.58 $ 23.58 Intern/Temporary $ 18.00 $ 18.00 Land Acqusition $ 39.67 $ 39.67 Survey 2 $ 40.33 $ 40.33 Survey 1 $ 30.88 $ 30.88 Environmental2 $ 43.00 $ 43.00 Environmental1 $ 22.15 $ 22.15 Administrative 2 $ 39.73 $ 39.73 Administrative 1 $ 19.88 $ 19.88 Printed on 2/21/20188:49 AM EXHIBIT A Avg. Hly. Rates Phase I Engineering In -House Direct Costs (IHDC) Local Agency City of McHenry Consultant Hampton, Lenzini and Renwick, Inc. TASK 1 Early Coordination &Data TASK 2 Field and Topographical TASK 3 Utility Coordination Collection Survey ITEM UNITS UNIT COST QUANT. TOTAL COST QUANT. TOTAL COST QUANT. TOTAL COST DIRECT COSTS Postage &Shipping (UPS, Fed -Ex) UNIT $1.00 $0.00 $0.00 $0.00 Travel Mileage DAY $65.00 $0.00 $0.00 $0.00 Travel Mileage MILE $0.545 $0.00 $0.00 $0.00 24 x 36 BW Bond Sheets SHEET $1.08 $0.00 $0.00 $0.00 24 x 36 Color Bond Sheets SHEET $21.00 $0.00 $0.00 $0.00 24 x 36 Mylar Plots SHEET $13.50 $0.00 $0.00 $0.00 24 x 36 Display Boards SQ FT $2.80 $0.00 $0.00 $0.00 11 x 17 BW Photocopies SHEET $0.18 $0.00 $0.00 $0.00 11 x 17 Color Photocopies SHEET $2.25 $0.00 $0.00 $0.00 8 YZ x 11 BW Photocopies SHEET $0.09 $0.00 $0.00 $0.00 8'/2 x 11 Color Photocopies SHEET $1.25 $0.00 $0.00 $0.00 Small Report Binding EACH $40.00 $0.00 $0.00 $0.00 Medium Report Binding EACH $75.00 $0.00 $0.00 $0.00 Large Report Binding EACH $100.00 $0.00 $0.00 $0.00 Public Notice (News Paper) UNIT $350.00 $0.00 $0.00 $0.00 Survey Equipment (Per Week) UNIT $700.00 $0.00 $0.00 $0.00 Specialty Equipment UNIT $1.00 $0.00 $0.00 $0.00 Permit Fees UNIT $1.00 $0.00 $0.00 $0.00 Plan/Inspection Review Fees UNIT $1.00 $0.00 $0.00 $0.00 Recording Fees UNIT $1.00 $0.00 $0.00 $D.00 Title Commitments EACH $100.00 $0.00 1 $100.00 $0.00 Right of Entry Agreement UNIT $1.00 $0.00 $0.00 $0.00 Special Waste Radius Report UNIT $350.00 $0.00 $0.00 $0.00 CCDD Sampling Testing UNIT $1.00 $0.00 $0.00 $0.00 Sub -Totals $0.00 $100.00 $0.00 Printed on 2l21/20188:49 AM 1 of 5 EXHIBIT A IHDC Phase I Engineering In -House Direct Costs (IHDC) Local Agency City of McHenry Consultant Hampton, Lenzini and Renwick, Inc. TASK 4 Geotechnical Investigation TASK 5 Environmental Studies TASK 6 Drainage &Hydraulic Studies ITEM UNITS UNIT COST QUANT. TOTAL COST QUANT. TOTAL COST QUANT. TOTAL COST DIRECT COSTS Postage &Shipping (UPS, Fed -Ex) UNIT $1.00 $0,00 $0.00 $0.00 Travel Mileage DAY $65.00 $0.00 $0.00 $0.00 Travel Mileage MILE $0.545 $0.00 $0.00 $0.00 24 x 36 BW Bond Sheets SHEET $1.08 $0.00 $0.00 $0.00 24 x 36 Color Bond Sheets SHEET $21,00 $0.00 $0.00 $0.00 24 x 36 Mylar Plots SHEET $13.50 $0.00 $0.00 $0.00 24 x 36 Display Boards SQ FT $2,80 $0.00 $0.00 $0.00 11 x 17 BW Photocopies SHEET $0.18 $0.00 $0.00 $0.00 11 x 17 Color Photocopies SHEET $2.25 $0.00 $0.00 $0.00 8'/ x 11 BW Photocopies SHEET $0.09 $0.00 $0.00 $0.00 8'/ x 11 Color Photocopies SHEET $1.25 $0.00 $0.00 $0.00 Small Report Binding EACH $40.00 $0.00 $0.00 $0.00 Medium Report Binding EACH $75.00 $0.00 $D.00 $0.00 Large Report Binding EACH $100.00 $0.00 $0.00 $0.00 Public Notice (News Paper) UNIT $350.00 $0.00 $O.b0 $0.00 Survey Equipment (Per Week) UNIT $700.00 $0.00 $0.00 $0.00 Specialty Equipment UNIT $1.00 $0.00 $0.00 $0.00 Permit Fees UNIT $1.00 $0.00 $0.00 $0.00 Plan/Inspection Review Fees UNIT $1.00 $0.00 $0.00 $0.00 Recording Fees UNIT $1.00 $0.00 $0.00 $0.00 Title Commitments EACH $100.00 $0.00 $0.00 $0.00 Right of Entry Agreement UNIT $1.00 $0.00 $0.00 $0.00 Special Waste Radius Report UNIT $350.00 $0.00 1 $350.00 $0.00 CCDD Sampling Testing UNIT $1.00 $0.00 $0.00 $0.00 Sub -Totals $0.00 $350.00 $0.00 Printed on 2/21/20188:49 AM 2 of 5 EXHIBIT A IHDC - w. rs ., ,,.m a Phase I Engineering In -House Direct Costs (IHDC) Local Agency City of McHenry Consultant Hampton, Lenzini and Renwick, Inc. TASK 7 Crash Analysis &Design TASK 8 Develop and Evaluate TASK 9 Assist with Grant Traffic Data Design Alternatives Applications ITEM UNITS UNIT COST QUANT. TOTAL COST QUANT. TOTAL COST QUANT. TOTAL COST DIRECT COSTS Postage &Shipping (UPS, Fed -Ex) UNIT $1.00 $0.00 $0.00 $0.00 Travel Mileage DAY $65.00 $0.00 $0.00 $0.00 Travel Mileage MILE $0.545 $0.00 $0.00 $0.00 24 x 36 BW Bond Sheets SHEET $1.08 $0.00 $0.00 $0.00 24 x 36 Color Bond Sheets SHEET $21.00 $0.00 $0.00 $0.00 24 x 36 Mylar Plots SHEET $13.50 $0.00 $0.00 $0.00 24 x 36 Display Boards SO FT $2.80 $0.00 $0.00 $0.00 11 x 17 BW Photocopies SHEET $0.18 $0.00 $0.00 $0.00 11 x 17 Color Photocopies SHEET $2.25 $0.00 $0.00 $0.00 8'/ x 11 BW Photocopies SHEET $0.09 $0.00 $0.00 $0.00 8 YZ x 11 Color Photocopies SHEET $1.25 $0.00 $0.00 $0.00 Small Report Binding EACH $40.00 $0.00 $0.00 $0.00 Medium Report Binding EACH $75.00 $0.00 $0.00 $0.00 Large Report Binding EACH $100.00 $0.00 $0.00 $0.00 Public Notice (News Paper) UNIT $350.00 $0.00 $0.00 $0.00 Survey Equipment (Per Week) UNIT $700.00 $0.00 $0.00 $0.00 Specialty Equipment UNIT $1.00 $0.00 $0.00 $0.00 Permit Fees UNIT $1.00 $0.00 $0.00 $0.00 Plan/Inspection Review Fees UNIT $1.00 $0.00 $0.00 $0.00 Recording Fees UNIT $1.00 $0.00 $0.00 $0.00 Title Commitments EACH $100.00 $0.00 $0.00 $0.00 Right of Entry Agreement UNIT $1.00 $0.00 $0.00 $0.00 Special Waste Radius Report UNIT $350.00 $0.00 $0.00 $0.00 CCDD Sampling Testing UNIT $1.00 $0.00 $0.00 $0.00 Sub-Tofa/s $0.00 $0.00 $0.00 Printed on 2/21/20188:49 AM 3 of 5 EXHIBIT A IHDC Phase I Engineering In -House Direct Costs (IHDC) Local Agency City of McHenry Consultant Hampton, Lenzini and Renwick, Inc. TASK 10 Project Development TASK 11 Assist with Grant TASK 12 Report (PDR) Applications Agency Coordination ITEM UNITS UNIT COST QUANT. TOTAL COST QUANT. TOTAL COST QUANT. TOTAL COST DIRECT COSTS Postage &Shipping (UPS, Fed -Ex) UNIT $1.00 $0.00 $0.00 $0.00 Travel Mileage DAY $65.00 $0.00 $0.00 $0.00 Travel Mileage MILE $0.545 $0.00 $0.00 $0.00 24 x 36 BW Bond Sheets SHEET $1.08 $0.00 $0.00 $0.00 24 x 36 Color Bond Sheets SHEET $21.00 $0.00 $0.00 $0.00 24 x 36 Mylar Plots SHEET $13.50 $0.00 $0.00 $0.00 24 x 36 Display Boards SQ FT $2.80 $0.00 $0.00 $0.00 11 x 17 BW Photocopies SHEET $0.18 $0.00 $0.00 $0.00 11 x 17 Color Photocopies SHEET $2.25 $0.00 $0.00 $0.00 8 % x 11 BW Photocopies SHEET $0.09 $0.00 $0.00 $0.00 8 % x 11 Color Photocopies SHEET $1.25 $0.00 $0.00 $0.00 Small Report Binding EACH $40.00 $0.00 $0.00 $0.00 Medium Report Binding EACH $75.00 $0.00 $0.00 $0.00 Large Report Binding EACH $100.00 $0.00 $0.00 $0.00 Public Notice (News Paper) UNIT $350.00 $0.00 $0.00 $0.00 Survey Equipment (Per Week) UNIT $700.00 $0.00 $0.00 $0.00 Specialty Equipment UNIT $1.00 $0.00 $0.00 $0.00 Permit Fees UNIT $1.00 $0.00 $0.00 $0.00 Plan/Inspection Review Fees UNIT $1.00 $0.00 $0.00 $0.00 Recording Fees UNIT $1.00 $0.00 $0.00 $0.00 Title Commitments EACH $100.00 $0.00 $0.00 $0.00 Right of Entry Agreement UNIT $1.00 $0.00 $0.00 $0.00 Special Waste Radius Report UNIT $350.00 $0.00 $0.00 $0.00 CCDD Sampling Testing UNIT $1.00 $0.00 $0.00 $0.00 Sub -Totals $0.00 $0.00 $0.00 Printed on 2/21/20188:49 AM 4of5 EXHIBIT A IHDC �., n ���� Phase I Engineering In -House Direct Costs (IHDC) Local Agency City of McHenry Consultant Hampton, Lenzini and Renwick, Inc. TASK 13 Public Involvement TASK 14 Meetings TASK 15 Project Administration and Management ITEM UNITS UNIT COST QUANT. TOTAL COST QUANT. TOTAL COST QUANT. TOTAL COST DIRECT COSTS Postage &Shipping (UPS, Fed -Ex) UNIT $1.00 $0.00 $0.00 $0.00 Travel Mileage DAY $65.00 $0.00 $0.00 $0.00 Travel Mileage MILE $0.545 $0.00 $0.00 $0.00 24 x 36 BW Bond Sheets SHEET $1.08 $0.00 $0.00 $0.00 24 x 36 Color Bond Sheets SHEET $21.00 $0.00 $0.00 $0.00 24 x 36 Mylar Plots SHEET $13.50 $0.00 $0.00 $0.00 24 x 36 Display Boards SQ FT $2.80 60 $168.00 $0.00 $0.00 11 x 17 BW Photocopies SHEET $0.18 $0.00 $0.00 $0.00 11 x 17 Color Photocopies SHEET $2.25 $0.00 $0.00 $0.00 8 % x 11 BW Photocopies SHEET $0.09 $0.00 $0.00 $0.00 8 % x 11 Color Photocopies SHEET $1.25 $0.00 $0.00 $0.00 Small Report Binding EACH $40.00 $0.00 $0.00 $0.00 Medium Report Binding EACH $75.00 $0.00 $0.00 $0.00 Large Report Binding EACH $100.00 $0.00 $0.00 $0.00 Public Notice (News. Paper) UNIT $350.00 $0.00 $0.00 $0.00 Survey Equipment (Per Week) UNIT $700.00 $0.00 $0.00 $0.00 Specialty Equipment UNIT $1.00 $0.00 $0.00 $0.00 Permit Fees UNIT $1.00 $0.00 $0.00 $0.00 Plan/Inspection Review Fees UNIT $1.00 $0.00 $0.00 $0.00 Recording Fees UNIT $1.00 $0.00 $0.00 $0.00 Title Commitments EACH $100.00 $0.00 $0.00 $0.00 Right of Entry Agreement UNIT $1.00 $0.00 $0.00 $0.00 Special Waste Radius Report UNIT $350.00 $0.00 $0.00 $0.00 CCDD Sampling Testing UNIT $1.00 0 0 0 Sub-Tota/s $168.00 $0.00 $0.00 Printed on 2/21/20188:49 AM 5 of 5 EXHIBIT A IHDC City of McHenry Professional Services Contract Professional Services Contract Between The City Of McHenry And Hampton Lenzini and Renwick, Inc. For Professional Engineering Services For Bull Valley Road Multi - Use Path Phase 1 Engineering Services Revised 5/22/17 City of McHenry Professional Services Contract Professional Services Contract Between The City of McHenry And Hampton Lenzini and Renwick, Inc. For Professional Engineering Services For Bull Valley Road Multi -Use Path Phase I Engineering Services TABLE OF CONTENTS Page ARTICLE1. THE SERVICES........................................................................................................1 1.1 Intent........................................................................................................................1 1.2 Services. 46 6460666M 6*6 a meant 666666 made meant made 64*666 added is 644444 a almost& a 1.3 Project Time............................................................................................................1 1.4 Term; Extensions.....................................................................................................1 1.5 Other Contracts........................................................................................................1 1.6 Responsibility of Consultant to Perform.................................................................1 1.7 Financial Ability to Perform. 2 ARTICLE 2. COMPENSATION AND PAYMENT......................................................................2 2.1 Pricing Schedule...................................................................................................... 2 2.2 Monthly Payment; Invoices.. 666696669#94 soommaeae 0 5 Igloo 9 0 seemed 9 2 2.3 Taxes........................................................................................................................2 2.4 Final Payment..........................................................................................................2 2.5 Deductions.............................................................................................................. 93 2.6 Use of Deducted Funds....* 0 9 0068*00 am added @**$******at nodded gooses*** 0 a 4 9 4 0 0 6 a a a 4 4 0 4 a 0 a I 1 9 1 a 4 0 4 a a a a 53 2.7 Keeping Books and Accounts.................................................................................. 3 ARTICLE 3. PERFORMANCE OF SERVICES............................................................................3 3.1 Standard of Performance......................................................................................... 3 3.2 Correction of Defects............................................................................................... 3 3.3 Risk of Loss. . 0, W * a * 6 * a 0 1 a a 0 9 9 0 a a 8 a & & 0 4 0 0 0 4 0 4 1 0 d a 0 a d a 9 a 0 6 a 6 0 4 0 0 a a 9 63 3.4 Opinions of Probable Cost.......................................................................................4 3.5 City Responsibilities................................................................................................4 3.6 Time of the Essence. amendment 0 00668*440 9 made 9 1 too 5 Revised 5/22/17 City of McHenry Professional Services Contract 3.7 Suspension of Services...........................................................................................a 5 ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS............................................................ 5 4.1 Services Change Orders..........................................................................................5 4.2 Revision Notices...................................................................................................... 5 4.3 No Change in Absence of Services Change Order..................................................5 4.4 Delays...................................................................................................................... 5 ARTICLE5. INSURANCE............................................................................................................ 6 5.1 insurance. . 1 9 9 a 9 0 0 0 a 6 a 5 5 0 0 a a 0 0 0 0 0 0 9 a 1 9 0 0 0 0 4 a a a 4 * 0 4 a a a a 4 0 0 0 0 a a a 0 a 9 9 6 0 a 0 0 0 a 0 a a a 0 9 9 0 a a 0 0 a 0 6 0 9 a 0 a 0 0 0 4 0 6 0 a 0 0 0 9 a 6 5.2 Scope of Coverage; Minimum Limits of Coverage. . 0 a a a 0 * 0 0 6 6 4 a 4 a 0 a a a a a a a a 5.3 Deductibles and Self -Insured Retentions................................................................ 6 5.4 Additional Requirements.... seems A a a a a a a 0 0 0 a a a a 0 a 0 a a a a a a a a a a a 4 a 4 4 & a a a 0 a a a a a a a 4 0 0 a m a a a 4 a a a 4 66 5.5 Verification of Coverage......................................................................................... 7 5.6 Sub -Consultants and Suppliers................................................................................ 8 ARTICLE6. INDEMNIFICATION............................................................................................... 8 6.1 Agreement to Indemnify.......................................................................................... 8 6.2 No Limit Based on Insurance.................................................................................. 8 6.3 Withholding Payment.............................................................................................. 8 6.4 Limit on Duty to Indemnify.. a a mass ad&&** mesa &seems at 6660 6400660 am a 8 ARTICLE7. ARBITRATION........................................................................................................ 8 7.1 Arbitration............................................................................................................... 8 ARTICLE8. TERMINATION.......................................................................................................9 8.1 Contract is At-Will................................................................................................. a 9 8.2 Termination by City for Breach............................................................................... 9 8.3 City Remedies.......................................................................................................... 9 8A Termination by Consultant for Breach. 9000 moo 5 600*4 so*Voos%oo*m a tool I woossese 9 ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS ......................... 9 9.1 Consultant as Independent Consultant.................................................................... 9 9.2 Compliance with Laws; Communications with Regulators .................................... 9 9.3 Permits and Licenses.............................................................................................10 aterials..................................................................................10 9.4 Safety; Hazardous M 9.5 Ownership of Data and Documents.......................................................................10 9.6 Notices. 0 0 0 9 a a a 9 9 4 9 0 0 a a & a 0 0 6 a a I a 1 0 0 0 6 a a a a 0 6 0 a 0 9 4 0 0 a a & a a 4 a 0 0 0 4 a a a 0 0 a 0 a a a 0 0 a 0 a a a & 0 0 0 0 0 a a a a a 0 0 0 & a a a 0 0 V 4 4 a 0 0 0 W a 0 4 4 a 0 a 0 0 0 4 a 0 9 10 9.7 No Waiver by City.................................................................................................10 9.8 No Third -Party Beneficiaries.................................................................................11 Revised 5/22/17 City of McHenry Professional Services Contract 9.9 Survival of Terms..................................................................................................11 9.10 Assignments. .0 0 9 & 4 a a 4 a 4 4 a 9 a 0 9 9 4 9 9 1 V a 0 & a a a a 0 a 6 a & 0 0 0 4 a 4 9 a 0 a 4 1 0 0 0 & 6 a a & & & & 6 6 a & 0 a I a a 0 0 0 0 4 0 0 0 9 a 1 0 4 1 1 4 0 0 0 0 a 0 0 a d a 4 4 a 0 4 0 9.11 Amendments........ a &&ago a a a as so Stage bass @ago ***ago 9.12 Governing Law......................................................................................................11 9.13 Compliance with Laws, Grant Regulations...........................................................11 9.14 Representation of No Conflicts.............................................................................11 9.15 No Collusion, . a a a a a & a a a a a a a a a a & 0 a & a a 0 8 4 a 4 0 4 0 0 4 0 a a a k a a a a & a a a a 4 6 a a a a a a 6 0 0 0 0 a 0 0 0 a 0 6 W a a 6 A a a a a a a a a a a a a a a a a a a a 0 0 0 4 a a a a Revised 5/22/17 City of McHenry Professional Services Contract Professional Services Contract Between The City of McHenry And Hampton Lenzini and Renwick, Inc. For Professional Engineering Services For Bull Valley Road Multi -Use Path Phase I Engineering Services This contract (the "Contract") is dated as of March 19th, 2018 (the "Effective Date") and is by and between the City of McHenry, an Illinois municipal corporation, (the "City") and Hampton Lenzini and Renwick, Inc. (the "Consultant"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1.1 parties. 1.2 "Services"): ARTICLE 1. THE SERVICES Intent. It is the intent of the parties that this Contract govern the relationship of the Services. The Consultant will perform for the City the following services (the Proposed Scope of Services is identified on Pages 8-12 of Hampton Lenzini and Renwick, Inc. "Services" section included in attached Proposal. 1.3 Project Time. The Services will be performed according to the following schedule ("Project Schedule"): Proposed Schedule is identified on Page 13 of Hampton Lenzini and Renwick, Inc. "Project Schedule" section included in attached Proposal. The Services will be completed on or before October 1, 2019 (the "Completion Date"). The Completion Date shall be effective for substantial completion all design services. Bidding Services and Construction Support shall be completed after the date of substantial completion in coordination with construction of the project. 1.4 Term; Extensions. This Contract commences on the Effective Date and terminates on October 1, 2020 unless terminated earlier pursuant to Article 8 of this Contract (the "Term"). All terms of this Contract, including without limitation pricing terms, are firm during the Term, unless as embodied in an amendment to this Contract in accordance with Section 9.15. The Parties may extend this Contract for two additional one-year periods (each an "Extended Term"). Pricing terms may be adjusted by written agreement at the beginning of an Extended Term. 1.5 Other Contracts. The City may enter into agreements with other consultants, pursuant to which the City may award work from time to time at the City's discretion. 1.6 Responsibility of Consultant to Perform. The Consultant must provide all personnel -1- City of McHenry Professional Services Contract necessary to complete the Services. The Consultant must perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the City in writing. All sub -consultants and supplies used by the Consultant in the performance of Services must be acceptable to, and approved in advance by, the City. The City's approval of any sub -consultant or supplier will not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services in full compliance with, and as required by or pursuant to, this Contract. All Services performed by any sub -consultant or supplier are subject to all of the provisions of this Contract in the same manner as if performed directly by the Consultant. If any sub -consultant or supplier fails to properly perform any Services undertaken by it in compliance with this Contract, then the Consultant, immediately on notice from the City, must remove that sub -consultant or supplier and undertake the Services itself or replace the sub - consultant or supplier with a sub -consultant or supplier acceptable to the City. The Consultant will have no claim for damages, for compensation in excess of the Compensation, or for delay or extension of the Project Schedule as a result of any such removal or replacement. 1.7 Financial Ability to Perform. When executing this Contract, the Consultant represents and declares that it is financially solvent, has the financial resources necessary, has sufficient experience and competence, and has the necessary capital, facilities, organization, and staff necessary to provide, perform, and complete the Services set forth in this Contract in full compliance with, and as required by or pursuant to, this Contract. ARTICLE 2. COMPENSATION AND PAYMENT 2.1 Pricing Schedule. As compensation for the performance of the Services ("Compensation"), the City will pay the Consultant the following amounts and in the following manner: Proposed Pricing is identified in Exhibit A of Hampton Lenzini and Renwick, Inc. "Compensation" section included in attached Proposal. Except for the Compensation, the City will have no liability for any expenses or costs incurred by the Consultant. 2.2 Monthly Payment; Invoices. The Compensation will be paid in monthly installments. The Consultant must submit to the City, on a monthly basis, a written invoice for payment for completed work. The City may specify the specific day of the month on or before which invoices must be filed. Each invoice must be accompanied by receipts, vouchers, and other documents as necessary to reasonably establish the Consultant's right to payment of the Compensation stated in the invoice. In addition, each invoice must include (a) employee classifications, rates per hour, and hours worked by each classification and, if the Services are to be performed in separate phases, for each phase, (b) total amount billed in the current period and total amount billed to date and, if the Services are to be performed in separate phases, for each phase, and (c) the estimated percent completion of the Services and, if the Services are to be performed in separate phases, for each phase. 23 Taxes. The Compensation includes applicable federal, State of Illinois, and local taxes of every kind and nature applicable to the services provided by the Consultant and all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. The Consultant will never have a claim or right to claim additional -2- City of McHenry Professional Services Contract compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees. 2.4 Final Pam. The Services will be considered complete on the date of final written acceptance by the City of the Services or the relevant phase of the Services. Services related to a submission of the Consultant will be deemed accepted by the City if the City does not object to those Services in writing within 30 days after the submission by the Consultant of an invoice for final acceptance and payment The City will make final payment to the Consultant within 30 days after fmal acceptance of the Services, after deducting therefrom charges, if any, as provided in this Contract ("Final Payment"). The acceptance by the Consultant of Final Payment will operate as a full and complete release of the City by the Consultant of and from any and all lawsuits, claims, or demands for further payment of any kind for the Services encompassed by the Final Payment. 2S Deductions. Notwithstanding any other provision of this Contract, the City may deduct and withhold from any payment or from Final Payment such amounts as may reasonably appear necessary to compensate the City for any loss due to (1) Services that are defective, nonconforming, or incomplete, (2) liens or claims of lien, (3) claims against the Consultant or the City made by any of the Consultant's sub -consultants or suppliers or by other persons about the Services, regardless of merit, (4) delay by the Consultant in the completion of the Services, the cost to the City, including without limitation reasonable attorneys' fees, of enforcing the terms of this Contract. The City will notify the Consultant in writing of the City's determination to deduct and withhold funds, which notice will state with specificity the amount of, and reason or reasons for, such deduction and withholding. 2.6 Use of Deducted Funds. The City will be entitled to retain any and all amounts withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations in question or has furnished security for that performance satisfactory to the City. The City will be entitled to apply any money withheld or any other money due to the Consultant to reimburse itself For any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, and reasonable attorneys' fees (collectively "Costs") incurred, suffered, or sustained by the City and chargeable to the Consultant under this Contract. 2.7 Keeping Books and Accounts. The Consultant must keep accounts, books, and other records of all its billable charges and costs incurred in performing Services in accordance with generally accepted accounting practices, consistently applied, and in such manner as to permit verification of all entries. The Consultant must make all such material available for inspection by the City, at the office of the Consultant during normal business hours during the Term and for a period of five years after termination of this Contract. Copies of such material must be furnished to the City at the City's request and expense. ARTICLE 3. PERFORMANCE OF SERVICES 3.1 Standard of Performance. The Consultant must perform the Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the Chicago Metropolitan Region ("Standard of Performance"). The Consultant is fully and solely responsible for the quality, technical accuracy, completeness, and coordination of all Services. All plans and other documents furnished by the Consultant shall be endorsed and stamped with professional seals when such seals are required by law. -3- City of McHenry Professional Services Contract 32 Correction of Defects. The Consultant must provide, for no additional Compensation and at no separate expense to the City, all work required to correct any defects or deficiencies in the performance of Services, regardless of whether the defect or deficiency relates to the work of the Consultant or of the Consultant's sub -consultants or suppliers. 33 Risk of Loss. The Consultant bears the risk of loss in providing all Services. The Consultant is responsible for any and all damages to property or persons arising from any Consultant error, omission, or negligent act and for any losses or costs to repair or remedy any work undertaken by the City based on the Services as a result of any such error, omission, or negligent act. Notwithstanding any other provision of this Contract, the Consultant's obligations under this Section 3.3 exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of the City or the Consultant, to indemnify, hold harmless, or reimburse the Consultant for damages, losses, or costs. 3.4 Opinions of Probable Cost. The Parties recognize that neither the Consultant nor the City has control over the costs of labor, materials, equipment, or services furnished by others or over competitive bidding, market or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, any opinions of probable costs provided under this Contract are considered to be estimates only, made on the basis of the Consultant's experience and qualifications, and those opinions represent the Consultant's best judgment as an experienced and qualified professional, familiar with the industry. The Consultant does not guaranty that proposals, bids, or actual costs will not vary from the opinions prepared by the Consultant. 3S City Responsibilities. The City, at its sole cost and expense, will have the following responsibilities: (a) To designate in writing a person with authority to act as the City's representative with respect to the Services. In the absence of a written designation, the City's representative will be the City Administrator. The City's representative will have the authority to act on behalf of the City except on matters that require approval of the City Council. (b) To provide to the Consultant all criteria and information about the requirements for the Services, including, as relevant, the City's objectives and constraints, schedule, space, capacity and performance requirements, and budgetary limitations. (c) To provide to the Consultant existing studies, reports, and other available data relevant to the Services. (d) To arrange for access to, and make provisions for the Consultant to enter on, public and private property as reasonably required for the Services. (e) To provide, as relevant, surveys describing physical characteristics, legal limitations, and utility locations for the Services and the services of other consultants when the services of other consultants are requested by the Consultant and are necessary for the performance of the Services. (t} To provide structural, mechanical, chemical, air and water tests, tests for hazardous materials, and other laboratory and environmental tests, inspections, and reports required by law to be provided by the City in connection with the Services, except the extent such tests, inspections, or reports are part of the Services. -4- City of McHenry Professional Services Contract (g) To review reports, documents, data, and all other information presented by the Consultant as appropriate. (h) To provide approvals from all governmental authorities having jurisdiction over the Services when requested by the Consultant, except the extent such approvals are part of the Services. Di To provide, except as provided under Article 5 and Article 6 of this Contract, all accounting, insurance, and legal services as may be necessary from time to time in the judgment of the City to protect the City's interests with respect to the Services. � To attend meetings related to the Services. (k) To give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of any development that affects the scope or timing of Services, except that the inability or failure of the City to give any such a notice will not relieve the Consultant of any of its responsibilities under this Contract. 3.6 Time of the Essence. Time is of the essence for the Services and all activities with regard to the performance of the Services. 3.7 Suspension of Services. The City; at any time and for any reason, may suspend work on any or all Services by issuing a written work suspension notice to the Consultant. The Consultant must stop the performance of all Services within the scope of the suspension notice until the City directs the Consultant in writing to resume performance. ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS 4.1 Services Change Orders. The City, from time to time, may issue a written order modifying or otherwise changing the scope of the Services included in a Services Change Order (a "Services Change Order"). Any Services Change Order in an amount exceeding $10,000 must be approved by the City Council. The Services Change Order will be generally in the form attached to and by this reference incorporated into this Contract as Attachment A. The Consultant may request a Services Change Order based on a claimed material change to any Services performed under this Contract. A Services Change Order may include additions to and deletions from the Services and All include requested equitable increases or decreases to the Compensation. 4.2 Revision Notices. Within three (3) days after the date of a Services Change Order, and in any event before the Consultant begins work on any changed Services, the Consultant must notify the City in writing if the Consultant desires a revision to the Services Change Order (a "Revision Notice"). The Revision Notice must clearly state the Consultant's requested revisions and the reasons for the revisions. If the City agrees to any revision, then the City will issue a revised Services Change Order in a form acceptable to the Parties. If the Consultant does not submit a Revision Notice within the (3) -day period, then the Consultant will be deemed to have accepted the Services Change Order and the Services Change Order will be final. 43 No Change in Absence of Services Change Order. No claim for an adjustment in Compensation or Project Schedule will be made or allowed unless it is embodiedServices Change Order signed by the City and the Consultant. If the Consultant believes it is entitled to an adjustment in the Compensation or Project Schedule terms that has not been included, or fully included, in a Services Change Order, then the Consultant may submit to the City a written request -5- City of McHenry Professional Services Contract for the issuance of, or revision of, a Services Change Order including the desired adjustment. The Consultant's request must be submitted before the Consultant proceeds with any Services for which an adjustment is desired. 44 Delays. If a delay in providing Services results from one or more causes that could not be avoided or controlled by the Consultant, then the Consultant may be entitled to an extension of the Project Schedule for a period of time equal to that delay, or an adjustment in Compensation for extra costs related to the delay, or both. The Consultant must notify the City in writing within 3 days after the start of the delay and again in writing within 3 days after the delay has ended (the 'Delay Period'). The first notice must state the cause or causes of the delay and the impact of the delay on providing Services. The second notice must state the cause or causes of the delay, the length of the day, the reasons why the delay disrupted performance of the Services and the Consultant's request, if any, for a change in Compensation or Project Schedule. If the Consultant fails to submit notices as provided in this Section 4.5, then the Consultant will be deemed to have waived any right to an adjustment in Compensation for the Services. ARTICLE 5. INSURANCE 5.1 Insurance. The Consultant must procure and maintain, for the duration of this Contract, insurance as provided in this Article 5. 5.2 Scope of Coverage; Minimum Limits of Coverage. (a) Commercial General Liability. Insurance Services Office ("ISO"), or reasonable equivalent, Commercial General Liability occurrence form CG 0001, with the City and its officials, officers, employees, and agents named as additional insured on Insurance Service Office (ISO) Additional Insured Endorsement CG 2010 (Exhibit A) or CG 2026 (Exhibit B). Coverage must beat least $1,000,000 combined single limit per occurrence for bodily injury and for property damage and $1,000,000 per occurrence for personal injury. The general aggregate must be twice the required occurrence limit. Minimum General Aggregate must be no less than $2,000,000 or a project- contract specific aggregate of $1,000,000. (b) Automobile Liability. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol O1 "Any Auto." Coverage must be at least $1,000,000 combined single limit per accident for bodily injury and property damage. (c) Professional Liability. Indemnification and for injury or damage arising out of negligent acts, errors, or omissions in providing professional services, including without limitation: (i) preparing, approving, or failure to prepare or approve maps, drawings, opinions, report, surveys, designs or specifications and (ii) providing direction, instruction, supervision, inspection, or engineering services or failing to provide them, if that is the primary cause of injury or damage. Coverage must be at least $1,000,000 each claim with respect to negligent acts, errors, and omissions in connection with all professional services to be provided under this Contract. (d) Workers' Compensation and Employers' Liability. Workers' Compensation as required by the Workers' Compensation Act of the State of Illinois and Employers' Liability insurance. Coverage must be at least Workers' Compensation Coverage with statutory limits and Employers' Liability limits of $500,000 per accident. 53 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either the insurer must reduce or eliminate such deductibles or self -insured retentions with respect to the City and its officials, -6- City of McHenry Professional Services Contract officers, employees, and agents or the Consultant must procure a bond guaranteeing payment of losses and related investigation, claim administration, and Consultant defense expenses. DA Additional Requirements. The insurance policies must contain, or be endorsed to contain, the following provisions: (a) Commercial General Liability and Automobile Liability Coverage. The City and its officials, officers, employees must be covered as additional insured as respects: liability arising out of the Consultant's work, including without limitation activities performed by or on behalf of the Consultant and automobiles owned, leased, hired, or borrowed by the Consultant. Coverage must contain no special limitations on the scope of protection afforded to the City or its officials, officers, employees, and agents. (b) Primary Coverage. The insurance coverage must be primary with respect to the City and its officials, officers and employees. Any insurance or self-insurance maintained by the City and its officials, officers, employees, and agents will be excess of the Consultant's insurance and will not contribute with it. (c) Severability of Interests/Cross Liability. The insurance must contain a Severability of Interests/Cross Liability clause or language stating that the insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ability. (d) Umbrella Policies. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Consultant must name the City and its officials, officers and employees, as additional insured under the umbrella policy. (e) Occurrence Form. All general liability coverage must be provided on an occurrence policy form. Claims -made general liability policies are not acceptable. (t} Workers' Compensation and Employers' Liability Coverage. The insurer must agree to waive all rights of subrogation against the City and its officials, officers, employees, and agents for losses arising from work performed by the Consultant. (g) Professional Liability. If the policy is written on a claims -made form, the retroactive date must be equal to or preceding the effective date of this Contract. If the policy is cancelled, non - renewed, or switched to an occurrence form, then the Consultant must purchase supplemental extending reporting period coverage for a period of not less than three years after the date of substantial completion. (h) All Coverage. Each insurance policy required must have the City expressly endorsed onto the policy as a Cancellation Notice Recipient. If a policy is canceled before the expiration date of that policy, then notice must be delivered to the City in accordance with the policy provisions prior to the expiration date. (17 Acceptability of Insurers. Insurance must be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. � Waiver of Limitation. The Consultant hereby agrees to waive any limitation as to the amount of contribution recoverable against it by the City. This specifically includes any limitation -7- City of McHenry Professional Services Contract imposed by any state statute, regulation, or case law including any Workers' Compensation Act provision that applies a limitation to the amount recoverable in contribution, such as Kotecki v. Cyclops Welding. Each sub -consultant also must agree to this waiver. 55 Verification of Coverage. The Consultant must furnish the City with certificates of insurance naming the City and its officials, officers, employees, and agents as additional insured and with original endorsements affecting coverage required by this Article 5. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the City or may be ISO Additional Insured Endorsements CG 2010 or CG 2026, or reasonable equivalent, and in any event must be received and approved by the City before any work commences. The City reserves the right to request a full certified copy of each insurance policy and endorsement. 5.6 Sub -Consultants and Suppliers. The Consultant must include all sub -consultants as insured under its policies or must furnish separate certificates and endorsements for each sub - consultant. All coverage for sub -consultants are subject to all of the requirements stated in this Article 5. ARTICLE 6. INDEMNIFICATION 6.1 A�;reement to Indemnify. To the fullest extent permitted by law, the Consultant hereby agrees to indemnify and, at the City's request, defend the City and its officials, employees, agents, and representatives (collectively the "Indemnified Parties") against all injuries, deaths, loss, damages, claims, patent claims, lawsuits, liabilities, judgments, costs, and expenses, including attorney fees incurred by the City (collectively "Claims"), that may in any way accrue against the Indemnified Parties or any one of them arising in whole, or in part, or in consequence of the negligent or intentionally tortious performance of any services by the Consultant or its employees or sub - consultants or that may in any way result therefrom, except only Claims arising out of the sole legal cause of the City. In addition, Consultant hereby agrees to indemnify the City with regard to any damages, costs and expenses, including attorney fees incurred by the City for any failure by the Consultant to comply with insurance reporting provisions of any Consultant insurance policy adversely affecting coverage provided to the indemnified parties. 62 No Limit Based on Insurance. The Consultant expressly acknowledges and agrees that any performance bond or insurance policy required by this Contract, or otherwise provided by the Consultant, will in no way limit the responsibility to indemnify and defend the Indemnified Parties or any one of them. 63 Withholding Payment. To the extent that any payment is due to the Consultant under this Contract, the City may withhold that payment to protect itself against any Indemnified Claims until all claims, suits, or judgments have been settled or discharged and evidence to that effect has been furnished to the satisfaction of the City. 64 Limit on Duty to Indemnify. The Consultant is not required to indemnify an Indemnified Party to the extent a Claim resulted solely from the negligence or willful misconduct of the Indemnified Party. -8- City of McHenry Professional Services Contract ARTICLE 7. ARBITRATION 7.1 Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, as determined in the exclusive discretion of the City, at 333 N. Green St. McHenry, Illinois, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree that an arbitration award by default may be entered upon the party failing to appear or defend itself in any arbitration proceeding. In the event of any arbitration or litigation of this Contract, the non -prevailing parry, as determined by the arbiter or court, shall pay all expenses incurred by the prevailing party, including, but not limited to (a) attorney's fees, (b) filing costs, (c) witness fees, and (d) other general expenses of arbitration or litigation. ARTICLE S. TERMINATION 8.1 Contract is At -Will. This Contract is at -will and may be terminated by the City at any time at the City's convenience, without reason or cause. If the City terminates this Contract without reason or cause, then the Consultant will be entitled to Compensation for all Service performed by the Consultant up to the date of termination. The Consultant is not entitled to any consequential damages, including without limitation for lost profit, for any Services not performed by the Consultant. 82 Termination by City for Breach. The City at any time, by written notice providing Consultant with 10 days' to cure any alleged breach hereof, may terminate this Contract of breach by the Consultant and of one or more terms of this agreement. "Breach" by the Consultant includes (a) failure of the Consultant to adhere to any terms or conditions of this Contract, (b) failure of the Consultant to properly perform Services, (c) or failure of the Consultant to maintain progress in the performance of Services so as to endanger proper performance of the Services within the Project Schedule, (d) failure of the Consultant to have or maintain adequate resources to complete any Services. 83 City Remedies. If the City terminates this Contract for Breach by the Consultant, then the City will have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: (a) The City may recover from the Consultant any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. (b) The City may withhold any or all outstanding Compensation to reimburse itself or pay for any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. In that event, the City will pay any excess funds to the Consultant, if any, after all of the City's costs are reimbursed or paid. If the Compensation withheld by the City is insufficient to reimburse the City for, or pay, all costs, then the City will has the right to recover directly from the Consultant a sum of money sufficient to reimburse itself, or pay, all remaining costs. -9- City of McHenry Professional Services Contract 8.4 Termination by Consultant for Breach. The Consultant at any time, by written notice, terminate this Contract on account of failure by the City to properly pay the Consultant and failure of the City to cure the breach within 10 days after that written notice or such further time as the Consultant may agree, in the Consultant's sole discretion, in response to a written notice from the City seeking additional time to cure. ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS 9.1 Consultant as Independent Consultant. For purposes of this Contract, the Consultant is an independent consultant and is not, and may not be construed or deemed to be an employee, agent, or joint venturer of the City. 9.2 Communications with Regulators. Any written communication by Consultant directly with applicable governmental regulatory agencies with regard to Services shall be copied to the City. 9.3 Permits and Licenses. The Consultant must obtain and pay for all permits and licenses, registrations, qualifications, and other governmental authorizations required by law that are associated with the Consultant's performance of Services. 9.4 Safety; Hazardous Materials. (a) Protection of Health Environment. The Consultant's personnel must be experienced and properly trained to perform the Services and must take adequate precautions to protect human health and the environment in the performance of Services. (b) Notice of Hazardous Conditions. If the Consultant observes a potentially hazardous condition relating to the Services, then the Consultant must bring that condition to the attention of the City. (c) Hazardous Materials. The Consultant acknowledges that there may be hazardous substances, wastes, or materials as defined by applicable Law ("Hazardous Materials") at a project site or otherwise associated with Services, and the Consultant under those circumstances must take appropriate precautions to protect its employees, sub -consultants, and suppliers. 9.5 Ownership of Data and Documents. All data and information, regardless of its format, developed or obtained under this Contract (collectively "Data"), other than the Consultant's confidential information, will be and remain the sole property of the City. The Consultant must promptly deliver all Data to the City at the City's request. The Consultant is responsible for the care and protection of the Data until that delivery. The Consultant may retain one copy of the Data for the Consultant's records subject to the Consultant's continued compliance with the provisions of this Article. The City hereby indemnifies the Consultant for damages caused by the City's misuse or reuse of Data not originally intended. 9.6 Notices. Any notice or communication required by this Contract will be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail, postage prepaid, with the U.S. Postal Service and addressed as follows: -10- City of McHenry If to the City: City Administrator City of McHenry 333 S. Green Street McHenry, Illinois 60050 If to the Consultant: Professional Services Contract with a copy to: Public Works Director Public Works Department 1415 Industrial Drive McHenry, Illinois 60050 with a copy to or to such other address as the party to whom notice is to be given has furnished in writing. 9.7 No Waiver by City. No act, order, approval, acceptance, or payment by the City, nor any delay by the City in exercising any right under this Contract, will constitute or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming, or incomplete Services or operate to waive any requirement or provision of this Contract or any remedy, power, or right of the City. 9.8 No Third -Party Beneficiaries. This Contract is for the benefit of the City and the Consultant only and there can be no valid claim made or held against the City or the Consultant by any third party to be a beneficiary under this Contract. 9.9 Survival of Terms. The following sections will survive the termination of this Contract: 2.7, 3.2, 6.1, 8.4, 9.7, 9.8, and 9.9. 9.10 Assi ng menu. The Consultant may not assign or transfer any term, obligation, right, or other aspect of this Contract without the prior express written consent of the City. If any aspect of this Contract is assigned or transferred, then the Consultant will remain responsible to the City for the proper performance of the Consultant's obligations under this Contract. The terms and conditions A any agreement by the Consultant to assign or transfer this Contract must include terms requiring the assignee or transferee to fully comply with this Contract unless otherwise authorized in writing by the City. 9.11 Amendments. This Contract may be amended only in writing executed by the City and the Consultant. 9.12 Governing Law. The validity, construction, and performance of this Contract and all disputes between the parties arising out of or related to this Contract will be governed by the laws of the State of Illinois without regard to choice or conflict of law rules or regulations. 9.13 Compliance with Laws, Grant Regulations. All Services must be provided, performed, and completed in accordance with all applicable governmental permits, licenses, or other approvals and authorizations, and with applicable statutes, ordinances, rules, and regulations. The Consultant also must comply with applicable conditions of any federal, state, or local grant received by the City with respect to this Contract. The Consultant will be solely responsible for any fines or penalties that may be imposed or incurred by a governmental agency with jurisdiction over the Services as a result of the Consultant's improper performance of, or failure to properly perform, any Services. -11- City of McHenry Professional Services Contract 9.14 Representation of No Conflicts. The Consultant represents that, to the best of its knowledge, (1) no City employee or agent is financially interested, directly or indirectly, in the business of the Consultant or this Contract, (2) as of the Effective Date neither the Consultant nor any person employed by the Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this Contract, and (3) neither the Consultant nor any person employed by or associated with the Consultant may at any time during the Term obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Contract. 9.15 No Collusion. The Consultant represents that the Consultant is not barred from contracting with a unit of state or local government as a result of (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Consultant is properly contesting its liability for the tax or the amount of the tax or (2) a violation of either Section 33&3 or Section 33E-4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E4 et seq. The Consultant represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Contract and that this Contract is made without collusion with any other person, firm, or corporation. WHEREFORE, the City and the Consultant have caused this Contract to be executed by their duly authorized representatives as of the Effective Date, CITY OF MCHENRY By: Name: Jon M. Schmitt Title: Public Works Director Date: HAMPTON, LENZINI AND RENWICK, INC. By: Name: Title: Date: -12- City of McHenry ATTACHMENT A SERVICES CHANGE ORDER NO. Professional Services Contract In accordance with Section 4.1 of the Contract dated , 20 between the City and the Consultant, the Parties agree to the following Services Change Order: 1. Change in Services: 2. Change in Project Schedule (attach schedule ifappropriate): 3. Change in Completion Date: All Services must be completed on or before: , 20 4. Change in Compensation: ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED. CITY [City's project representative] Date CONSULTANT Signature Name (Printed or Typed) Date If compensation change greater than $3 500, then City Administrator signature required. City Administrator Date If compensation change greater than $10 000 then City Council approval and Mayor signature required. Mayor Date 20 -1- cHen r Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: March 19, 2018 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: 2018 Municipal Mowing Program AGENDA ITEM SUMMARY: Staff requests City Council to consider rejecting all bids received for the 2018 Municipal Mowing Program; waive advertising for bids; and award a three year contract for the 2018 Municipal Mowing Program with an option to renew for an additional two years to Clearview Landscape Construction of Harvard, Illinois. BACKGROUND: At the February 19, 2018 City Council Meeting, the City Council awarded a three year contract for the 2018 Municipal Mowing Program with an option to renew for an additional two years to Clearview Landscape Construction of Harvard, Illinois for an amount of $3,545.00/week. ANALYSIS: During execution of the contract documents with Clearview Landscape Construction, Clearview Landscape Construction notified the City in writing their desire to withdraw the bid due to the requirement of a 100% performance bond in the amount of $106,350.00 per year (30 mowings/year at $3,545.00/week). Staff contacted City Attorney McArdle to discuss options with the Municipal Mowing Contract; Attorney McArdle recommended to lower the usual 100% performance bond requirement to 20% due to the contract is for service only and not the typical goods and services common in a Public Works contract. Clearview Landscape Construction is agreeable to the 20% performance bond in the amount of $21,270.00/year. RECOMMENDATION: Therefore, if Council concurs, it is recommended to reject all bids received for the 2018 Municipal Mowing Program; waive advertising for bids; and award a three year contract for the 2018 Municipal Mowing Program with a 20% performance bond including an option to renew for an additional two years to Clearview Landscape Construction of Harvard, Illinois for an amount of $3,545.00/week. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. MCHenryj� Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park_recreation CONSENT AGENDA DATE: March 19, 2018 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: Miller Riverfront Park Boat Launch Paving and Lighting ATT: (3) Paving Quotes (3) Lighting Quotes Proposed Resolution Authorizing a Budget Amendment AGENDA ITEM SUMMARY: Construction of the Miller Riverfront Boat Launch has been successfully completed and a final pay for the launch portion of project was approved at the January 15, City Council meeting. There are two final elements that need to be installed, paving and lighting. Staff solicited multiple quotes for each portion of the project and recommends approval of a paving quote from Peter Baker and Son for $10,856.40, and the lighting quotes from Associated Electrical Contractors for a project price of $75,700. BACKGROUND: After nearly 30 years since the initial design and preliminary construction of Miller Riverfront Park with a primary purpose of having a motorized boat launch, in 2017 the city received United States Army Corp of Engineers approval to install the launch as originally designed. The installation of the launch and access road to the launch were complete late in 2017. Two key elements of the project that were not include in the original bid were paving the access road from the launch to the parking lot and lighting for the launch and the parking lot. Staff solicited multiple quotes from contractors for each portion of the work. The quotes are attached. ANALYSIS. The installation of the actual boat launch and access road to the project went smoothly. To ensure that the functional operation of project goes just as smoothly, staff felt the necessity to add two elements to the project. The first element is paving the nearly 200' long access drive from the parking lot to the boat launch. The paving will serve as a spot from boat to de -water as they are removed from the river. Without the pavement, the current aggregate base road would erode much more quickly as each boat was removed and water poured onto the gravel. This would also create an unsightly situation on the road with mud and ruts. Lastly, the aggregate would eventually work its way onto the ramp making traction for vehicles removing boats a bit more difficult. Peter Baker and Son provided an excellent price of $10,856.40, much lower than the other provided quotes. They are also a local company. The second necessary improvement is the addition of lighting to the project access drive, parking lot and driveway from Charles Miller Road. Safety was the primary concern with installation of lights. Often boats are launched early in the morning and conversely removed at or around dusk. For boaters to have the safest possible situation as they either launch their boat or return from a day of boating on the river, lighting for all three aspects of the park was deemed necessary and not simply a luxury. Three firms responded with bids; one firm contacted refused to submit a bid. Associated Electrical Contractors was the lowest bid with a project price of $75,700. If approved, the two elements would be installed as soon as possible and ideally before the tentative season opening date of May 1. The total cost of $86,556.40 exceeds the total amount budgeted for the project in the 2017/18 CIP program and would require a budget amendment. Funds would be allocated to complete the project from the Parks Developer Donations Fund. These elements would put the finishing touches on a project that was begun nearly 30 years ago and one that will be a shining example of partnership and perseverance for the City of McHenry, its residents and the surrounding partnering communities. RECOMMENDATION: If Council concurs, it is recommended a motion is made to adopt a Resolution authorizing a budget amendment in the Developer Donations Fund for $86,556.40 and award contract to Peter Baker and Son for paving the boat launch access road in the amount of $10,856.40; and award contract to Associated Electrical Contractors for lighting of the boat access road, parking lot and driveway at Charles Miller Riverfront Park for $75,700. 1349 Rockland Road P.O. Box 187 Established 1915 Lake Blvff, IL 60044-0187 Lake Bluff Lakemoor • Marengo North Chicago Phone: (847j 362-3663 Fax: (847) 362=0707 To: City Of Mchenry Contact: Pat Gorniak Address: 333 S. Green St. Phone: (815) 363-2100 Mchenry , IL 60050 Fax: Project Name: CITY OF MCHENRY - BOAT LAUNCH PAVING Bid Number: 18150 Project Location: 2900 Charles Miller Road, McHenry Bid Date: 3/1/2018 We are pleased to submit these prices for your consideration. Item # Item Description Estimated Ouantitv Unit Unit Price Total Price 1 3" HMA PAVING, N50 BINDER &SURFACE 654.00 SY $16.60 $10,856.40 Total Bid Price: $10,856.40 Notes: • Pollution Liability Insurance is not included with proposal. If required the additional premium would need extra to our quotes prices. • Final payment is to be made by applying the above unit prices to the actual quantities as measured in place. Sawcutting is not included in any of the above prices. • Subgrade to be on grade and ready for paving. No Fine Grading is included. Taxes are not included. • Prices good for work completed by November 1, 2018. For any work completed after this date, we reserve the right to renegotiate the above prices. • Price includes rolling stone base prior to paving. Payment Terms: Final Payment shall be made within (30) days after completion of the job. (1 1/2% Interest Per Month thereafter) ACCEPTED: CONFIRMED: The above prices, specifications and conditions are satisfactory Peter Baker And Son Co. and hereby accepted. Buyer$ Signature: Authorized Signature: Date of Acceptance: Estimator: John Brunner 3/1/2018 2:55:47 PM Page 1 of i KAPL Ilk • Kaplan Paving, LLC 31523 N Wilson Rd Ingleside IL 60041 847-949=1500 Proposal Submitted To: City of McHenry Pat Gorniak Address: 2900 Charles Miller Rd City: State: IL Phone: (816) 363=2282 60050 Date: 2/26/2018 Date of Appointment: 2/22/2018 Items and Descri tion: Description Price 3" PAVE ONLY 5880 sf * All preparation work to be done by others, area to be paved to be 100% ready for paving when paving crew arrives. * Pave (first layer) with an average depth of 2.0 inches of Illinois class I bituminous concrete binder (asphalt) and roll to an approximate compacted depth of 1.5 inches. * Pave (second layer) with an average depth of 2.0 inches of Illinois class I bituminous concrete surface (asphalt) and roll to an approximate compacted depth of 1.5 inches. * Clean up any/all excess debris from work site and stake off ends to protect from traffic. Subject to verification of actual square footage $19,404000 PREVAILING WAGE TOTAL: $19,404400 Prepared by: DATC: Accepted by: DATC: PERMITS BY OWNERS (For permit Information please visit our web site at Kaplanpaving.com). 504'o Oeposil requited upon acceptance of contract. If this meets with your approval and you desiro to onlor Into a contract on the terms and conditions set forth herein, please so indicate by signing and reluming to us the odglnal copy of this quotation which shall become a contract upon, but not before. acceplance by Kaplan Paving LLC (Kaplan). The quantities, if any, listed above are estimates. Payment will be based on actual quantities completed at the unit price or lump sum quoted for such item or items. Payment is due In full upon completion of work covered herein. Credit cards will be processed for final payment upon completion unless other arrangements have been approved in advance. Should any repair work be required, the work will not commence until Kaplan has received 90% of the funds due. Any additional work shall be billed accordingly. All materials supplied by Kaplan shall remain the property of Kaplan until payment In full is received by Kaplan. Kaplan shall retain the right to remove any materials for which payment is at feast 30 days overdue. Any accounts past due shall Incur a 2 % per month Interest charge on the outstanding balance. Kaplan will not warranty any material that we did not originally install i.e. base or subbase. Kaplan is NOT responsible for underground utilities, sprinkler headsAmes and invisible fences. Customer agrees to pay all reasonable costs, expenses and allomey fees incurred to collect surns past due. We are protected by Liability. Automobile and Workrnan's Compensation Insurance. Cenllicales will be forwarded on request. EST. 1984 PETERSEN FULLY INSURED OATING & PAVING & BONDED 362 INDUSTRIAL AVE. CRYSTAL LAKE I„60012 (815) ($15} 455-2004 455-3035--Fax Name City of McHenry Date 3-8-2018 Address 2900 Charles Miller Rd Contact Patrick Gornjak City McHenry Fax Phone 815403=8028 ,Ksclriss ' ,�ls�►haeJl� Asphalt pavin_q estimate Grade and compact the existing base gravel. Compact by vibratory roller. Pave 1" of surface asphalt and compact by rolling. Pave 2" of binder asphalt and compact by rolling. Tamp all exposed edges at a 45 degree angle. TOTAL $18,246.00 All of the above work to be completed in a substantial and workmanlike manner according to standard practices. The contractor does not contemplate the encountering of underlying concrete, wood, paving fabric, or other unsuitable materials or unusual conditions during excavation. Should these conditions be enwunterd and not noted on the contract, the owner will be charged for the extra work incurred. Prior to Petersen Sealcoating & Paving Inc. beginning work under this agreement, owner/contractor shall provide evidence to Petersen Sealcoating & Paving Inc. that the owner/contractor has made financial arrangements acceptable to Petersen Sealcoating & Paving Inc. to fulfill its' obligations under this agreement. Petersen Sealcoating & Paving Inc, cannot be responsible for damage done to existing asphalt or concrete if job requires equipment to travel over these areas. A finance charge of 1.5% will be added to invoices that are 30 days past due if customer hasn? paid bill within 60 days of invoice, a lien will be applied to property where the work was performed. The customer and or owner of the property are r9*onsible for All legal fees and court costs. Respectfully Submitted By: Alex Petersen -Manager By: Date: ELECTRICAL CONTRACTORS, LLC. November 21, 2017 City of McHenry E-mail: pgorniak@ci.mchenry.il.us RE: new dock and parking lot lights AEC Quote #Q111517-7 (rev-1) Please review the following budget for the above referenced project. Our proposal is based on a site visit and conversation. Clarifications to our scope of work are as follows: Service • Tax is NOT included • Install 100 amp meter with main breaker • Install 100 amp 18 circuit panel outdoor e Install aluminum underground wire from new meter to new panel • All work to be done during normal working hours • Cost of Permits, Inspection Fees and Utility Charges are not included For the sum of: $16,700.00 Dock lights • Tax is NOT included • Install (4) concrete bases 24" AFG • Install (4) 50 LED pole lights • Install (4) 12'steel poles • Install pipe and wire to each pole from new panel • All work to be done during normal working hours • Cost of Permits, Inspection Fees and Utility Charges are not included For the sum of: $18,000.00 Parking lot lights • Tax is NOT included • Install (7) concrete bases 30" AFG • Install (7) 125 LED pole lights • Install (7) 20' steel poles • Install pipe and wire to each pole from new panel • All work to be done during normal working hours • Cost of Permits, Inspection Fees and Utility Charges are not included For the sum of: $41,000.00 P.O. Box 39 •Woodstock, IL 60098 • 815 ! 337-6600 •Fax 815 ! 337-6560 ELECTR/CAL CONTRACTORS, LLC. Thank you for the opportunity to assist you with your electrical needs. If you have any questions or require any additional information please feel free to call at your convenience. Sincerely, Associated Electrical Contractors, LLC. Jeffrey Schnulle Project Manager P.O. Box 39 •Woodstock, IL 60098 • 815 / 337-6600 •Fax 815 / 337-6560 UKM 7Z CONSTRUCTION INC P.O. BOX 734 LAKE ZURICH, IL 60047 Voice: 847-343-3109 Email: darlene.grant@grantzci.com Quoted To: MCHENRY RECREATION CENTER 333 GREEEN STREET MCHENRY, IL 60050 Quote Number: 18-8152 Quote Date: Mar 12, 2018 Page: 1 WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING SCOPE OF WORK FOR BUDGET QUOTE FOR NEW DOCK AND PARKING LOT LIGHTS - 333 GREEN STREET MCHENRY, IL 60050 @ MILLER PARK PER WALK-THRU ATTN: BILL HOBSON INSTALL EIGHT (8) NEW CONCRETE POLE BASES 5' TALL X 1' OUT OF THE GROUND INSTALL THREE (3) NEW CONCRETE POLE BASES 8' TALL X 3' OUT OF THE GROUND ONLY IF SOIL IS STRUCTURALLY ABLE TO SUPPORT IT TOTAL ***** FIVE (5) XTRALIGHT VNT 200 T3 **3840 2 MODULE; TYPE 3, MULTI VOLT 120/277V 5000K, 10KV, NONE (STD), NONE (STD), BRONZE, HIGH OUTPUT. SIX (6) XTRALIGHT VNT 200 T5 **3840 2 MODULE; TYPE 5, MULTI VOLT 120/277V; 5000K; 10KV; NONE (STD). TWO (2) EXTRLIGHT VNT T2 **3840 2 MODULE; TYPE 2. MULTI VOLT 120/277V; 5000K, 10KV; NONE (STD). EIGHT (8) SNS 20 *3840 SQUARE STRAIGHT STEEL 20' POLE, 4" BASE, 11GA WALL, ANCHOR BOLTS, DARK BRONZE, DRILL ONE @ 90 DEGREES, BASE COVER (PLASTIC) THREE (3) SNS-20 *3840 SQUARE STRAIGHT STEEL 20' POLE, 4" BASE, 11GA WALL, ANCHOR BOLTS, DARK BRONZE, DRILL TWO @ 180 DEGREES, BASE COVER (PLASTIC). TOTAL FOR LIGHTS ***** TRENCH APPROXIMATELY 650' FROM EXISTING COMED POLE AT END OF MULCH PATH (COMED TO TERMINATE AT POLE). INSTALL UNDERGROUND METER PEDESTAL AT NORTHWEST CORNER OF PARKING LOT AND TERMINATE FEEDERS. INSTALL 100 AMP OUTDOOR RATED 20 SPACE ELECTRICAL PANEL. - (1) INTERMATIC OUTDOOR TIMER - (1) PHOTO CELL Any questions contact Wayne Grant @ 847-343-1224 or wayne.grantz@yahoo.com. Please sign &return to grantzci@yahoo.com if accepted: TOTAL 13,200.00 20,459.00 Continued All material and/or workmanship furnished by Grant'z Construction Inc is guaranteed for a period of one year. This quote is good for 14 days. Inducted is a C01 any additional requirements will be at an additional cost. Our terms of payment is 30 days: monthly invoices will be submitted for progress payments. All balances due will be paid on completion of above work All outstanding balances will be charged a 1.5%per month service charge. All taxes are included in this quote. Labor costs are at regular Omer during normal hours. Premium time labor costs not included. Thank you for the opportunity to quote on this work and we look forward to being of service to you! GRANT? CONSTRUCTION INC P.O. BOX 734 LAKE ZURICH, IL 60047 Voice: 847-343-3109 Email: darlene.grant@grantzci.com Quoted To: MCHENRY RECREATION CENTER 333 GREEEN STREET MCHENRY, IL 60050 Quote Number: 18-8152 Quote Date: Mar 12, 2018 Page: 2 WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING SCOPE OF WORK FOR - (1) CONTACTOR RELAY TO CONTROL LIGHTING - (1) 20 AMP GFCI SERVICE RECEPTACLE WITH IN USE COVER BOAT LAUNCH RAMP: TRENCH AND INSTALL PVC PIPING AND WIRING FOR FIVE (5) POLE LIGHT LOCATIONS. PROVIDE THREE (3) 20 AMP CIRCUITS FOR (3) POLE MOUNTED GFCI RECEPTACLES AND IN USE COVERS (1) ON EACH OF (3) POLES CLOSET TO CONCRETE LAUNCH AREA. PAID LAUNCH TICKET BOOTH: TRENCH AND INSTALL PVC PIPING AND WIRING TO PROVIDE 20AMP CIRCUIT TO PROVIDED EQUIPMENT -TRENCHING WIRING. PARKING LOT AREA: TRENCH AND INSTALL PVC PIPE AND WIRING TO (3) POLE LOCATIONS IN CENTER OF LOT (2 HEADS EACH POLE). ACCESS DRIVEWAY: - TRENCH AND INSTALL PVC PIPE AND WIRING TO (3) DRIVEWAY POLE LOCATIONS. TOTAL ELECTRICAL COST 10 YEAR WARRANTY ON LIGHTS ONLY 1 YEAR WARRANTY ON LABOR NO PERMITS OR FEES IN THIS BUDGET QUOTE NO ARCHITECT OR STRUCTURAL PLANS IN THIS BUDGET QUOTE TAX IS NOT INCLUDED Any questions contact Wayne Grant @ 847-343-1224 or wayne.grantz@yahoo.com. 51, 813.00 Please sign & return to grantzci@yahoo.com if accepted: TOTAL 85,472.00 All material and/or workmanship famished by Grant'z Construction Inc is guaranteed for a period of one year. This quote is good for 14 days. Induded is a C01 any additional requirements will be at an additional cost. Our terms of payment is 30 days: monthly invoices will be submitted for progress payments. All balances due will be paid on completion of above work. All outstanding balances will be charged a 1.5% per month service charge. All taxes are included in this quote. Labor costs are at regular time rate during normal hours. Premium time labor costs not included. Thank you for the opportunity to quote on this work and we look forward to being of service to you! 3309 WEST WAUKEGAN ROAD McHENRY, ILLINOIS 60050 TELEPHONE 815 / 385-3600 FAX NO. 815 / 385-3671 CARE ELECTRIC CONTRACTING INC. October 10, 2017 City of McHenry 333 Green Street Mcl-lenry, IL 60050 P (815) 363-2282 E Imorniacl: c ci.mchenryj1.us Attn: Pat Gorniack Dear Pat, We are pleased to provide this proposal to you for the budgetary costs to furnish and install new exterior site lighting at the new boat ramp located in Miller Park McHenry. This proposal is based on our walk-thru of the site and scope of work on October 51", 2017. New Electrical Service: $30,000 Furnish and install new underground electrical service approximately 650 feet, from the existing ComEd power pole near Country Club Rd, to a new electrical meter and panel in the boat ramp parking lot. New Electrical Meter and Panel: in an Furnish and install new 100 amp. 120/240 volt electrical meter pedestal and panelboard. New Light Poles and Bases: - Furnish and install (9) new concrete pole bases and all associated underground electrical conduit and wiring. Fwnish and install (9) new light poles: a. (3) 20' square aluminum light poles with (2) LED heads. $21,000 b. (3) 14' square aluminum light poles with (2) LED heads. $259500 c. (3) 14' square aluminum light poles with (1) LED head. $28,500 - Provide integrated GFI duplex receptacle on (2) light poles. $2,000 Total Budgetary Costs: $117,000.00 If you have any questions or require any further information, please do not hesitate to contact our office. Sincerely, Carey Electric Cont., Inc. Chris Baker Electrical Contracting Since 1923 RESOLUTION R-18-008 RESOLUTION AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2017/18 ANNUAL BUDGET WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Resolution constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City of McHenry adopted a balanced Fiscal Year 2017/18 budget on April 24, 2017; and WHEREAS, at the regular meeting of the McHenry City Council, authorization was granted for the Miller Riverfront Park Boat Launch Paving and Lighting project; and WHEREAS, completion of the aforementioned project necessitates an amendment to the adopted Fiscal Year 2017/18 Developer Donations Fund Budget in the amount of $86,556.40; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of McHenry, McHenry County, Illinois to authorize this amendment to the FY 2017/18 Developer Donations Fund Budget in the amount of $86,556.40, for completion of the Miller Riverfront Park Boat Launch Paving and Lighting project. Passed and Adopted this 19th day of March 2018. Voting Aye: Voting Nay: Absent: Mayor Wayne Jett ATTEST: Deputy City Clerk Marci Geraghty Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 dmorefield@ci.mchenry.il.us CONSENT AGENDA DATE: March 19, 2018 TO: Mayor and City Council FROM: Derik Morefield, City Administrator David W. McArdle, City Attorney RE: Tenant Farm Lease Agreement for 32.7 acres located at the southwest corner of Curran Road and Route 120. ATT: Proposed Lease AGENDA ITEM SUMMARY: Tenant Farm Lease for recently acquired property located at the southwest corner of Curran Road and Route 120. BACKGROUND: The city closed on the Route 120/Curran Road property and we now need to formalize an informal agreement to permit the farmer who has been farming the land in the past to do so again in 2018. ANALYSIS: Permitting this use for one year will not interfere with the scheduled plan to develop the property as a regional detention area. The attached lease agreement is placed on the agenda for Council consideration and approval. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve the attached lease agreement as presented. Tlae City gfMcHenr�j is dedicated to providing the citizens, businesses raid visitors ofMcHenr�t� tivit/z the 1rigliest qualify ofprogrmtzs and ser•��ices in a customer -oriented, efficient und•fiscally responsible manner. LEASE This Lcase is entered into on March 7, 2018, between the City of McHenry, an Illinois municipal corporation (the "City"), and Charles Schaefer ("'Tenant"), pursuant to 65 1LCS 5/11-76-1. IZECTTALS WHEREAS, concurrently with the exeeutiou of this Lease, the City is purchasing certain vacant real estate from Richard Tannebaum ("Seller") commonly known as approximately 32.7 acres located at the southwest corner of Curran Road and IL St. Rt. 120 in McHenry, McHenry County, Illinois, and depicted on Exhibit A, attached (the "Property"). WHEREAS, prior to the date ]tereof, Tenant and Seller had a verbal lease to farm approximately 9 acres of the Property, as depicted on Exhibit B, attached (the "Farm") at the rate of $500,00 per season. WHEREAS, the City agrees to continue to lease the Farm to Tenant upon the same terms as Seller previously had with Tenant, but now committed to writing in this Lease. NOW THEREFORE, in consideration of this Agreement, the City and Tenant agree as follows: 1. TERM OF LEASE. The term of this Lease will be for the planting and harvest season of calendar year 2018. Tenant shall have possession of the Farm for the sole purpose of planting and harvesting crops beginning on the execution of the Lease and shall surrender possession and occupancy of the Farm peaceably at the end of the 2018 harvest season, but not later than December 1, 2018. 2. PAYMENT OF RENT. Tenant shall pay the City $500.00 per year for rent. 3. LIABILITY INSURANCE. Tenant shall, at Tenant's sole cost, during the entire term hereof, keep in full force and effect a policy of premises %Y or an umbrella policy, and property damage insurance with respect to the Farm any other occupant of the Farm, in which the limits of liability shall not be less than $1 million per occurrence. The policy shall name the City and its officers, employees, attorneys, legal representatives, and agents as additional insureds and shall contain a clause that the insurer will not cancel or• change the insurance without first giving the City thirty (30) days' prior written notice thereof. 4. FIOLD HARMLESS. Tenant hereby expressly releases the City from any and all liability for any damages or injury to Tenant, or to any property, occurring on the Farm unless such damage is the direct result of the negligence or unlawful act of the City or City's agent. Except only to the extent otherwise prohibited by law, Tenant covenants and agrees to indemnify and hold harmless the City and its officers, employees, attorneys, legal representatives, and agents from any and all losses, claims, damages, costs, or expenses, including attorneys' fees, the Landlord may be required to pay as a result of acts and/or omissions of the Tenant or any agent, employee or• subcontractor of the Tenant, and for any operations or obligations contemplated by this Agreement, breach of this Agreement, or any other negligence or wrongful conduct. 5. PROPERTY RIGHTS. S.I Right to Entry. The City reserve the right by and through its employees, agents, or assigns, to enter the farm at any reasonable time for purposes of (a) consulting with 'Tenant; (b) making repairs, improvements, and inspections; (c) developing mineral resources; or (d) after notice of termination of file lease is given, plowing, seeding, fertilizing and other customary seasonal work, none of which is to interfere with the tenant in carrying out regular farm operations. S.2 Transfer of Farm. If the City sells or otherwise transfers title to the Farm, the City will do so subject to the provisions of this Lease. 5.3 Heirs and Successors. The terms of this Lease will be binding on the heirs, executors, administrators and successors of the City and Tenant in the same manner as on the original parties: However, in the event the Lease is for more than one year, the heirs or successors will have the option to give written notice of termination effective at the end of the lease year in which the death occurs. S.4 Right to Lease. The City warrants that it has the right to lease the Farm, and will defend the Tenant's possession against any and all persons whomsoever. 6. CITY PROJECTS. Tenant agrees that it will reasonably accommodate the City while the City undergoes projects adjacent and abutting the Farm, including, but not limited to reasonable temporary storage of vehicles and materials. 7. IMPROVING, CONSERVING, AND MAINTAINING THE FARM. 7.1 General Maintenance. Tenant will maintain the Farm during the tenancy in as good condition as at the beginning, normal wear and depreciation and damage from causes beyond the tenant's control expected. 7.2 Good Husbandry. Tenant will operate the Farm with reasonable care, and will do the plowing, seeding, cultivating, and harvesting in a manner that will conserve the City's property. 7.3 Cropping Practices. Tenant will not, without written consent of the City, (a) plow permanent pasture or meadowland, (b) cut live trees for sale or personal uses, or (c) burn crop residues on the Farm. 7.4 Manure and Crop Residue. Tenant will spread the manure, straw, or other crop residues on the Farm as soon as practicable. 7.5 Waste. Tenant will not commit waste on, or damage to, the farm and will use due care to prevent others from doing so. 7.6 Noxious Weeds. Tenant will use diligence to prevent noxious weeds from going to seed on the Farm and will destroy the same, and will keep the weeds and grass cut a• destroyed on the fields, farmstead, roadside, and fence rows. Treatment and cost of treating weed infestation shall be handled by Tenant. 7.7 Improvements. Tenant will not, without written consent of the City, (a) erect or permit to be erected on the Farm any non -removable structure or building, or (b) add electrical wiring, plumbing, or heating. 2 8. RELEASE OF FORMER OWNER.1'enant agrees to release Seller, and any of his successors or assigns, from any further responsibility or liability resulting from any past written or verbal lease agreements concerning the Farm. 9. MISCELLANEOUS PROVISIONS. 9.1 No Partnership Created. This Lease will not be deemed to give rise to a partnership. 9.2 Entire Agreement. This document constih�tes the entire Lease agreement between the City and Tenant. 9.3 Disputes. City and Tenant hereby submit to the jurisdiction of McHcmy County, Illinois and the Federal Circuit Courts of the Northern District of Illinois, as applicable. City and Tenant have executed this Agreement effective as of the date first written above. CITY: City of McHenry >3y: Wayne Jett, Mayor Z:IA/1�ticllemyCityojlCtrrrnnRdPt�rchnselLense and Re%ase.daar TENANT: By: Charles Schaefer Ij EXHIBIT A Vanderstappen Land Surveying, Inc. www.vandersinc.com 1316 N. Madison St. Woodstock, Illinois 60098 ph. 815-337-8310 fax 815-337-8314 'Always faithful to the property fine" \\ \� I I \ �Q DETAIL r I o SCALE - 1 "=20' �° rJ VNE 7�2W�2t7a�ti1EN7- oRAKZV 9 f�f0 7/12/1g7NO . CONCRETE N �s�N 1. � � 102.49'64) 1Og P,73 50. 72, I � I I SEE DETAILS I I I 40.00'---I-------- I v I � CV 00 3 h'0 I Z J' I 1 3`3 00: l i N8813'05"E 124.61'(W N8811'56"E 124.36'(D) L=52.29'(M) 52.92'(D) R=345.00' CH=N53'57'51"E 52.24' /O of \01 / l ' spj / / is Q 71) ALTA/NSPS LAND TITLE SURVEY �w 3 0" o- ' E SO'2' �8 O�� G r -- iM� �S2099'(M)�O JCIP ` U� lMEN1�7,D y ` l e 0.59E & 0 01 7S S7g09' �. 0 -� 25f3��. � !� 76 \ �1628N3iM8 48.'WiD) P.O.B. ) 162787' W LEGAL DESCRIPTION That part of the Northeast, Southeast, and Southwest Quarter of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian, described as: Beginning at a point on the Centerline of Illinois State Route No. 120 that is 1627.87 feet North 76 degrees 08 minutes 48 seconds West (Deed North 74 degrees 48 minutes West) of the East line of said Southeast Quarter; thence South 4 degrees 48 minutes 12 seconds West (Deed South 6 degrees 09 minutes West), a distance of 559.00 feet; thence South 00 degrees 01 minutes 03 seconds East (Deed South 1 degree 20 minutes 32 seconds West), parallel with the East line of said Southeast Quarter, a distance of 350.50 feet; thence South 88 degrees 19 minutes 29 seconds West, parallel with the South line of said Southeast Quarter, a distance of 2009.36 feet to a point on the Centerline of Draper Road, as occupied; thence North 58 degrees 20 minutes 25 seconds East along the Centerline of Draper Road, as occupied, a distance of 931.40 feet; thence Northeasterly on a curve tangent to the last described course concave Northwesterly with a radius of 345.00 feet, an arc distance of 52.92 feet, more or less, to the North line of said Southwest Quarter; thence North 88 degrees 11 minutes 56 seconds East, along the North line of said Southwest Quarter, a distance of 124.36 feet (135.57 feet Deed) to the Northeast corner of said Southwest Quarter; thence North 00 degrees 41 minutes 05 seconds West along the West line of said Northeast Quarter, a distance of 812.48 feet (812.76 feet Deed) to the Centerline of Illinois State Route No. 120; thence Southeasterly along the Centerline of Illinois State Route No. 120 on a curve whose tangent bears South 63 degrees 21 minutes 52 seconds East, concave Northeasterly with a radius of 3819.80 feet, an arc distance of 852.17 feet; thence South 76 degrees 08 minutes 48 seconds East, continuing along the Centerline of Illinois State Route No. 120, a distance of 316.43 feet to the Place of Beginning, in McHenry County, Illinois. SURVEYOR'S NOTES 1. The legal description and utility easements shown hereon have been provided by Commonwealth Land Title --- Insurance Company, Commitment policy #1853497MC dated February 13, 2018. The title information shown hereon is exclusively that provided to the Surveyor by the Title Insurer or the client. The Surveyor does not warrant the exact location of the Utility Easements shown hereon, but does state that they are located as accurately as possible from the information provided. ` 2. Based on Flood Insurance Rate Map, Panel No. 17111CO206J, dated November 16, 2006, the subject property lies within Zone "X", areas determined to be outside the 0.2% annual chance floodplain and Areas of 0.2% annual chance flood. (Each zone is depicted on survey). 3. Distances are marked in feet and decimal places thereof, no dimension shall be assumed by scale measurement hereon. Distances and/or bearings shown with a "D" in parenthesis (D) are record or deed values, not field measured. 4. Compare this plat, legal description and all survey monuments before building, and immediately report any discrepancies to the surveyor. 5. The location of the property lines shown on the face of this plat are based on the legal description contained in the title commitment and shown hereon. This information has been furnished by the client and compared to record deeds to check for gaps and /or overlaps. However, this survey may not reflect historical matters of title and ownership that have not been disclosed by the title commitment. 6. Only the improvements which were visible from above ground at time of survey and through a normal search and walk through of the site are shown on the face of this plat. Lawn sprinkler systems, if any, are not shown on this survey. 7. Manholes, inlets and other utility rims or grates shown hereon are from field location of such, and only represent such utility improvements which are visible from above ground survey at the time of survey, through a normal search and walk through of the site. The labeling of these manholes (sanitary, water, etc) are based solely on the "stamped" markings on the rim. No underground observations have been made to verify the actual use or existence of underground utilities. 8. Surface indications of utilities on the surveyed parcel have been shown. Underground and offsite observations have not been made to determine the extent of utilities serving or existing on the property, public and/or private records have not been searched to provide additional information. Overhead wires and poles (if any) have been shown, however their function and dimensions have not been shown. 9. This survey may not reflect all utilities or improvements, if such items are hidden by landscaping, or are covered by such items as dumpsters or trailers or when the site was covered with snow. At the time of survey, the site was not covered by snow. 10. Restrictions that may be found in local buildings and/or zoning codes have not been shown. Height and bulk restrictions (if any) have not been shown. Only those setback restrictions shown on the recorded subdivision plat or in the title commitment have been shown. 11. There is a total of 0 striped parking spaces. (Pertains to Table A, item 9). 12. The title commitment referenced in note #1 does indicate a dedicated right-of-way width of 50' for Draper Road (Curran Road, Ringwood Road) based on Document #1978RO733903. The location of the center of the road is only an opinion and is based on the centerline as traveled. Net areas were calculated using this information and removing any area located within the dedicated right-of-ways. 13. The title commitment referenced in note #1 does indicate a dedicated right-of-way width of 120' for State Route 120 based on Final Judgment Order No. 42-2779, Filed 7/12/1973. The location of the center of the road is only an opinion and is based on the centerline as traveled. Net areas were calculated using this information and removing any area located within the dedicated right-of-ways. / 14. Exception 12 - Illinois Bell Telephone Company Permit, Doc. No. 1928R0082477. Not plottable per document. / 100' 0' 100' 200' SCALE: 1" = 100' CLIENT: ZUKOWSKI, ROGERS, FLOOD & MCARDLE DRAWN BY: DAM CHECKED BY: APG SCALE: 1 "=100' SEC. 28 T. 45 R. 08 E. BASIS OF BEARING: ASSUMED P.I.N.: 09-28-400-010; 09-28-300-011 JOB NO.: 180073 I.D. ALT LEGEND WN CURB INLET o DOWN GUY D) FLARED END SECTION • FOUND IRON BAR O FOUND IRON PIPE 0 FOUND MONUMENT O FOUND ROW MARKER 0 MANHOLE OO SET IRON BAR SIGN O TELEPHONE RISER IN TRAFFIC CONTROL BOX 0 TRAFFIC SIGNAL POLE � UTILITY POLE 0 VALVE VAULT oa WATER VALVE (D) DEED (M) MEASURED R RECORD STATE OF ILLINOIS ) ) S.S. COUNTY OF McHENRY) Certified to: 1) Commonwealth Land Title Insurance Company 2) City of McHenry, an IL Municipal Corporation This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 3, 4, 7a, 8, 9 & 20 of Table A thereof. The field work was completed on February 20th, 2018. Dated this 23th day of February, A.D., 2018. VANDERSTAPPEN LAND SURVEYING INC. Design Firm No. 184-002792 (seal) FIELDWORK COMP.: 2 20 18 BK.-PG. ALL DISTANCES SHOWN IN FEET AND DECIMAL REF 130696 PARTS THEREOF CORRECTED TO 68' F. ARTHUR P. GRITMACKER, 035-003857 PROFESSIONAL LAND SURVEYOR EXHIBIT B _ i " rw ♦FRS �,.� -, � - ' ] � ♦.� �• _ t � � ;C: , #; � . '� - � � �[. �J IF tj V�t IL if -* . - f L.. " i NA r. .�� 'T �' {! r � .■ ? M _ r s f r t f&►' _ • � , •y rY, .• � -, �� r,�`�- ems, J°� rf • ,4 , Aw" Ar r• ~� r, 4 tips e IF Ir • • A— 4W*40LOak u , i� HEART OF THE FOX RIVER 1. r"11 r 4441 i 90 o-� QY1b 0 0 PIN. 09-28-300-011 , 1 � Lakeland Park Upstream Detention Facility Property Exhibit 0 r- OF' 414,J O < z r 1 + + + + + + + + + + + + + + + +'. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +f Is + + + + + + + + + +�,- TILLABLE AREA1 + + + + + + + + +Y, +: r I + + + + + + + + + + 1),5 ACRES + + + + 1 1 1 1 1 1 1 1 + + + + + + - M 1 y 1 it + + + + + + + + + + + + + + + + + R 1 + + + + + + + + + + + + + + + + + + • 1 P I N 09-28-400-010,"''10 � 4 %W r , , I S* 11ww A D I D �j WETLANDS Iw Property PIN: 09-28-400-010 09-28-300-011 20.1 Acres 4.66 Acres � (9.5 Tillable) (0 Tillable) G7 I Jji� 7T Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park recreation CONSENT AGENDA T0: Mayor and City Council FROM: Bill Hobson, Deputy City Administrator FOR: March 19, 2018 Regular City Council Meeting RE: Farm Lease Agreements ATT: Lease Agreement w/James Finch (former Levy Property) Lease Agreement w/ Kevin Bauer (Petersen Farm) AGENDA ITEM SUMMARY: Following are recommendations to renew two of the tenant farm lease agreements for properties owned by the City of McHenry. BACKGROUND: Finch Lease. The city has leased the former Levy property located off Curran Road to James Finch since 2003. Attached is a lease agreement with Mr. Finch to farm approximately 24.5 acres. Staff proposes a price per acre of $123, for a total of $3,014 for the term of the lease. Bauer Family Lease. Attached is a lease agreement to farm approximately 50-acres with Kevin Bauer. The city first leased this property to the Bauer Family in 2015. Staff proposes a price per acre of $182, for an annual payment of $9,100. ANALYSIS: The term for each lease is one-year commencing on March 1, 2018, to February 28, 2019. Staff proposes to freeze the rent for the upcoming year. Despite the average land lease rate of $212 per acre for McHenry County, the corn yield prices from the acreage has decreased dramatically over the past couple of years. This has resulted in the city losing leases on the Riverside Hollow and Petersen Ballfield Annex property. An RFP has been developed in an effort to fill the vacant leases. RECOMMENDATION: If Council concurs, it is recommended to consider a motion to enter into the attached lease agreements as presented. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. FINCH LEASE AGREEMENT This Lease Agreement, made and entered into this 19day of March 2018, by and between the City of McHenry, 333 S. Green Street, McHenry, Illinois hereinafter referred to as "Lessor," and James P. Finch, 4818 himans Way, Ringwood, Illinois hereinafter referred to as "Lessee." RECITALS WI�REAS, Lessor is the legal owner of the following described real estate: approximately 24.5 acres located in the NE 1/ of the NW 1/ of Section 33, McHenry Township (T.45N.-R.8E.), (PIN 09-33- 100-003) located in the County of McHenry, State of Illinois, and more fully described in the attached Exhibit A (the "Premises"). WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the Premises. Now, therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. Term. This Lease Agreement shall commence on the ls1 day of March 2018, and end on the 281' day of February 2019. Lessee covenants with Lessor, that at the expiration of the term of this Lease Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted. II. Rent. Lessee agrees to pay Lessor rent in the amount of $123 per acre for a total of $3,014, payable on November 1, 2018. In the event any payment of Rent is received by Lessor more than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an amount equal to five percent (5%) of the Rent due each day thereafter that such payment is delinquent. III. Use of the Premises. Lessee may use the Premises for farming purposes only. IV. Obligations of Lessee. It is further expressly understood and agreed between the parties hereto, as follows: 1. Lessee shall not to burn anything on said Premises. 2. Lessee shall use the premises solely for agricultural purposes. Animals and livestock will not be permitted on said premises. 3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. 4. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the right to take possession of said Premises, using such force as may be necessary, with or without process of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement shall be added to and become a part of the rent, recoverable as rent. 5. Lessor reserves the right for itself, its employees, and its officers assigns or respective buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or improvements thereon. 6. Lessor reserves the right to terminate this lease without notice to Lessee relative to all or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo, Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party will secure a representative who will be designated to resolve any disputes. The decision of the representatives will be final and binding on both parties. Failure of the representatives to agree shall qualify either party to file suit to resolve the issues. 7. Lessee agrees to follow present soil conservation practices as required for by the Soil Conservation Service for McHenry County to control soil loss. 8. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use any hazardous materials, the cost of cleanup will be paid by the Lessee. Lessor may initially pay, at its discretion for any cleanup however Lessee shall reimburse Lessor for any costs incurred in the cleanup process. Any damage stemming from use of hazardous materials shall be construed as a material breach of this lease and shall be added to and become part of the rent, recoverable as rent. V. Entire Agreement. This Lease Agreement contains the entire understanding between the parties and supersedes any prior understandings or agreements between them respecting the subject matter. No representations, arrangements, or understandings except those fully expressed herein are, or shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to the terms of this lease shall be made or be binding unless made in writing and signed by each of the parties. VI. Attorneys Fees. The prevailing party in any action or proceeding to enforce the terms of this Lease Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non -prevailing party. VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses (including court costs, attorney fees, and costs of investigation) resulting from a breach by Lessee of any provision contained in this Lease Agreement, resulting in any way from Lessee's occupancy of the Premises, or arising from any personal injury occurring on the Premises during the term of this Lease Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the termination of this Lease Agreement. VIII. Notices. All notices, requests and other writings required under this Lease Agreement (including any notices of renewal, or termination rights) must be in writing and shall be deemed validly given upon the earlier of (i) actual receipt or (ii) the second business day after the date posted if sent by certified mail, return receipt requested, addressed to the other party as follows: 2 If to Lessor: Attn: Bill Hobson The City of McHenry 333 South Green Street McHenry, IL 60050 If to Lessee: James P. Finch 4818 Inmans Way Ringwood, IL, 60072 IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year first above written. Lessor THE CITY OF MCHENRY By Wayne Jett Jr, Mayor Lessee DAMES P. FINCH By: James P. Finch 3 g p�sl� p5 q• p ;, .r� :L/-:4 i E/'L1 III 1 A. :.i•: SO OO1 oob �`�' Arii/i Lczind` 1 �rKH a b �,i l Ugjd it L fd . 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'fir •: ac sis ¢ zBz e6 h m h ;Gunk Tusf /Vo,4991 (c F $'` c59ta to ,ti 1s>thf/'dweslE7/u 033 02� S r• O / �5 D3PP N /4 �TTS D cr n1°OL a a� FRS 9 rR q �S¢38 2 a s z FY a� oos �¢ (mac 8 3 3 Rp - l . 9g O l0 �_, 1- �S. B L.CT " C P tea l: C` R 1 Q� S z r t Y W. 3 L zo Ass :: 3� 1-iViISOn DDy oOQ• n •••. ::•• , TEENS ��. vst Xfn� en CN. 6 00� �� ice`woo �� EFIFL BAUER LEASE AGREEMENT This Lease Agreement made and entered into this 19day of March 2018, by and between the City of McHenry, 333 S. Green Street, McHenry, Illinois ("Lessor"), and Kevin E. Bauer, 4803 Barnard Mill Road ("Lessee"). RECITALS WI�REAS, Lessor is the legal owner of the land, being a portion of the Petersen Farm in McHenry, Illinois, for farming purposes only containing approximately 50 acres as described in the attached site plan, Exhibit A (the "Premises"). WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the Premises. Now, therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows. I. Term. This Lease Agreement shall commence on March 1, 2018 and end on February 28, 2019. Lessee covenants with Lessor, that at the expiration of the term of this Lease Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted. II. Rent. Lessee agrees to pay Lessor Rent in the amount of $182 per acre for a total of $9,100, payable on November 1, 2018. In the event any payment of Rent is received by Lessor more than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an amount equal to five percent (5%) of the Rent due each day thereafter that such payment is delinquent. III. Use of the Premises. Lessee may use the Premises for farming purposes only. IV. Obligations of Lessee. It is further expressly understood and agreed between the parties hereto, as follows: 1. Lessee shall not to burn anything on said Premises. 2. Lessee shall use the premises solely for agricultural purposes. Animals and livestock will not be permitted on said premises. 3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. 4. Lessee shall keep said Premises, including the hedges and fences, in proper and necessary repair. If Lessee fails to do so, Lessor may enter upon the Premises and make all proper and necessary repairs, and the cost thereof shall be additional rent, due and owing from Lessee to Lessor immediately. 5. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the right to take possession of said Premises, using such force as may be necessary, with or without process of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement shall be added to and become a part of the rent, recoverable as rent. 6. Lessor reserves the right for itself, its employees, and its officers assigns or respective buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or improvements thereon. 7. Lessor reserves the right to terminate this lease without notice to Lessee relative to all or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo, Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party will secure a representative who will be designated to resolve any disputes. The decision of the representatives will be final and binding on both parties. Failure of the representatives to agree shall qualify either party to file suit to resolve the issues. 8. Lessee agrees to follow present soil conservation practices as required for by the Soil Conservation Service for McHenry County to control soil loss. 9. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use any hazardous materials, the cost of clean up will be paid by the Lessee. Lessor may initially pay, at its discretion for any clean up; however; Lessee shall reimburse Lessor for any costs incurred in the clean up process. Any damage stemming from use of hazardous materials shall be construed as a material breach of this lease and shall be added to and become part of the rent, recoverable as rent. V. Entire Agreement. This Lease Agreement contains the entire understanding between the parties and supercedes any prior understandings or agreements between them respecting the subject matter. No representations, arrangements, or understandings except those fully expressed herein, are, or shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to the terms of this lease shall be made or be binding unless made in writing and signed by each of the parties. VI. Attorneys Fees. The prevailing party in any action or proceeding to enforce the terms of this Lease Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non -prevailing party. VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses (including court costs, attorneys fees, and costs of investigation) resulting from a breach by Lessee of any provision contained in this Lease Agreement, resulting in any way from Lessee's occupancy of the 2 Premises, or arising from any personal injury occurring on the Premises during the term of this Lease Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the termination of this Lease Agreement. VIII. Notices. All notices, requests and other writings required under this Lease Agreement (including any notices of renewal, or termination rights) must be in writing and shall be deemed validly given upon the earlier of (i) actual receipt or (ii) the second business day after the date posted if sent by certified mail, return receipt requested, addressed to the other party as follows: If to Lessor: Attn: Bill Hobson The City of McHenry 333 South Green Street McHenry, IL 60050 If to Lessee: Kevin E. Bauer 4803 Barnard Mill Road Ringwood, Illinois 60072 IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year first above written. Lessor: THE CITY OF MCHENRY IC Wayne Jett Jr, Mayor Lessee: By: Kevin E. Bauer 3 50 Farmable acres r�. Google IIIIILIIII L " C � 1� '- Imaaery (D2018 Gooale. Map data Community and Economic Development Department 333 S Green Street McHenry Municipal Center McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 ced@ci.mchenry.il.us www.ci.mchenry.il.us CONSENT AGENDA DATE: March 19, 2018 TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development RE: 2018 Annual Zoning Map Update and Notice Publication 1. Resolution authorizing the City engineer to update the official zoning map and City Clerk to publish a notice of the zoning map update 2. 2018 Zoning Map Update w/revisions Illinois State Statutes require the City's zoning map be published no later than March 315t of each year to accurately reflect all annexations, zoning changes and subdivisions approved by the City during the previous calendar year. To comply with the statutes, a resolution has been prepared which authorizes the City engineer to make any necessary changes and authorizes the City Clerk to publish a notice that the map has been updated. If the City Council concurs it is recommended to approve the attached Resolution Authorizing the City Engineer to Update the Official Zoning Map and the City Clerk to Publish a Notice of the Zoning Map Update. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. L?(' `roa om mm� ®mom ®mom mm� RESOLUTION R-18-009 A RESOLUTION AUTHORIZING CITY ENGINEER TO UPDATE OFFICIAL ZONING MAP AND CITY CLERK TO PUBLISH A PUBLIC NOTICE WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Resolution constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, 65 ILCS 5/11-13-19 requires the Corporate Authorities to cause to be published, no later than March 3Pt of each year, a map clearly showing the existing zoning uses, divisions, restrictions, regulations and classifications of the municipality for the preceding calendar year; and WHEREAS, said map shall be the Official Zoning Map of the City. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Aldermen of the City of McHenry, McHenry County, Illinois, as follows: 1. The City Engineer is hereby authorized to update the Official Zoning Map of the City to show all existing zoning uses, divisions, restrictions, regulations and classifications in effect as of December 31, 2017; and 2. Upon receipt of said Official Zoning Map the City Clerk is directed to publish said map in the manner Ordinances of the City are published; and 3. The City Clerk is further directed to publish a Public Notice in the Northwest Herald announcing the Official Zoning Map has been updated as required by the Illinois Municipal Code and said Notice shall read as follows: Notice is hereby given that the Official Zoning Map of the City of McHenry, as required by 65 ILCS 5/11-13-19, has been updated by the City Engineer and said map has been published, in the manner Ordinances of the City are published. Said Official Zoning Map is available for public inspection in the City of McHenry Municipal Center, 333 S. Green St., McHenry, IL 60050 during regular business hours. 4. The City Clerk is further directed to spread the above Resolution upon the minutes of the meeting in which said Resolution was passed by the Mayor and Aldermen. Passed and Adopted this 19th day of March 2018. Voting Aye: Voting Nay: Absent: ATTEST: Mayor Wayne Jett Jr. Deputy Clerk Marci Geraghty McHenryj� Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park recreation CONSENT AGENDA SUPPLEMENT DATE: March 19, 2018 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: McHenry Parks & Recreation Facilities Alcohol & Special Use Permit Requests ATT: Permit List and Applications All fees and documentation have been satisfactorily submitted for the attached McHenry Parks & Recreation Facilities Alcohol & Special Use permit requests. If Council concurs with the requests as presented, then it is recommended a motion is considered to approve the attached McHenry Parks & Recreation Facilities Alcohol & Special Use permit requests. The Ciry of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in acustomer-oriented, efficient, and fiscally responsible manner. FOR COUNCIL MEETING ON MARCH 1992018 Shelter Rental Alcohol Permits These are alcohol permit requests associated with shelter rentals Date Applicant Address Purpose None Special Use Permits These are special use permit requests associated with shelter rentals Date Applicant Address Special Use 03/24/18 McHenry Area Jaycees 1404 Sunnyside Drive Easter Egg Hunt 05/23/18 Montini Catholic School 3504 Washington Street Color Run 06/08/18 Lemonade Brigade 3518 Larkin Lane Fundraiser Recreation Center Room Rental Alcohol Permits These are alcohol permit requests associated with Recreation Center room rentals or programs. Date Applicant Address Purpose 0 f/14/18 Jessica Scholl 1615 N. Donovan Court Bridal Shower Compan Contact Address: Home Phone: Park: ❑ Knox Park Area: ❑Shelter A Arrival Time: an'1 Date of Picnic PICNIC PERMIT APPLICATION City/State/Zip:-yYL),)M,rQ g J=La (g 00�1. Work Phone: �(1 Petersen Park ❑Veteran's Memorial Park rb tr& Lv�' Shelter B ❑ Shelter C Departure Time: F Total Number Attending: Fak ing attendance numbers will result in loss of deposit 1S54kA"-% '( 4 a i 4 s Will beer/wine be present: ❑ Yes (complete beer/wine application) Ano No 12 — p - 1; y e y > Will there be any special uses: ❑ Yes (complete special use application) ;Vi No 12" e s IZ=�IQ-4?-iryz�rs I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the use of picnic areas and will assume responsibility for any loss, damage or liability arising from the use of the park property. signature Date Beer/Wine Permit: ❑ Yes l No Date in computer: V3 t cop Initials ej Special Use Permit: Yes ❑ No Reservation Fee Deposit Fee: Total Fee: Deposit Returned: Clean-up: Explain: ❑ N ❑ Yes o f._l Excellent C7 Good ❑ Paor Date copy given to maintenance Date Paid: Payment: n Charge Confirmation Sent: Initials: Deposit Returned: initials: ���f�,,.__.- �--�•�° Region 'I Jaycees ��'� Empowering Yeun�`reople•to Create Positive Change r Tr � Region One Junior Chamber p:\forms\picnic forms\picnic permit Andrew i•lifeman Region Director {815)894-5397 an drew.hileman@iljaycees.org Last Updated 2/23/2018 Renta] Date:�I�� Name of Applicant:, Lt t 2 GroupjOrganization (if applicable):__._ [''\tJ[�"� Address:al-OL '__ 2 ton Home Phone _CJ�5'___�?5' Personal Event TitleJActivity List all activities to BEERJWINE: (at least q. weeks notice needed} 1VicHenry Parks &Recreation Alcohol & Special Use Permit Application Application Date: entaI Time: � ► Type of Alcohol to be Served: ine ❑Beer AOTHER ALCOHOL ALLOWED A10 mount of Alcohol: Wit ties # "�e� Beer Kegs # SPECIAL USE: (at least 4 weeks notice needed) —Equipment provided by renter ❑ Tent :o Bounce House Location: Applicant to calf JULIE {1-800-8 0123}for staking of Tents �1ad-Bounce Houses ❑ Tables # ❑ Chairs # Benches # o Wedding Arch ❑ Performer ❑ Music: o D,J Band rnival Rides ❑ Animals a Catered Pig Roast a Other. Approval will be based on the items listed above. Any other requests are subject to further approval. If applicable, health permits are required by law for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 815-334-4585 I agree that all the alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit. I agree that none of the alcohol allowed in City of McHenry property, pursuant to this application will be sold, it being understood that the sale of alcohol under this permit issued pursuant to this application Is expressly prohibited. I have read and will comply with the Shelter Rental Guidelines. !have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Alcohol 8c Special Use Permit Application and will assume responsibility for any loss, damage or [lability arising from the use of City of McHenry understand that not complying with the rules will result in loss of deposit. ;�1/ 1 it fi' 1 Y u"e Contact City/State/Zip: MCnV NRY PARK. FACILITIES SPECIAL USE AND/OR BEERWINE APPLICATION a _Date of Picnic: �TO.. n A z rr E F Work/Cell Plione: Park: ❑Knox Park (A only) ❑Petersen Park �I Veteran's Memorial Park ❑ Rivez•walk Bridge Area: ❑ Shelter A ❑ Shelter B ❑ Shelter C ❑ Other. Arrival Time: { e i�U Departure Time: a Total Number Attending: Falszfyir�g attendatace numbers will result in toss of deposit. Groups over 500 must obtain additional: ❑ dumpsters ❑ portable toilets Water, electxiciiy and restroozns are available at all sites. Knox Park A ha.s a portable restroom. Please explain additional needs from the Parks Dept: Brief description of event {company picnic, car show, craft show, wedding, etc.): List all activities to be held: items brought into park site:ya Tables ❑Chairs ❑Benches ❑Carnival Rides Music ❑Animals ❑Catered Pig Roast ❑ Other ❑ Tent: Location Izr Park: Size: Tent Slaked: ❑yes ❑ no ELECTRICAL . FOR TENTS ❑ APPLICANT TO CALL JULIE (1400492-0123) TO BE LOCATED ❑ NO ELECTRIC: Shamrock �.e*titd.'dr'X�'��e9:�&9: kkkd:Y.'1L•*d:�:�.",8�:9:'R�d::Nof>:�*d: kr:*d:'kkdC'kYdt�:6r.�eYetkd:*:Fa't*akd:dC4:td:9ea�]:�:'%'&h�*aY}ti"iGi:�'skd:de:Pof�:%�k:4T''Y'.d:'�]8&*xird:�e�e'k#:F'kh'4:�:� Will beer/wine be present; ❑ Yes'�Na II+" YOU CHECKED YES, PLEASE ANSWER QUESTIONS BELOW: Indicate the number of beer/wine permits denied . Indicate amount of beer/wine to be brought into the City Park under this permit on above date (number of wine bottles, beer cases, beer kegs, etc.) I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in. the City of McHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited.. I have read and will comply with the City of McHenry'Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, damage or liability arising from the use of the pqk property. I also understand that not pozxzplying with the Park Permit rules will result in loss of deposit. ill n� �,�.►1.� Health permits are required by law for concessions and catering. Please make arrangements fo obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further appxoval. Restrictions. t :FOR OFFICE [JSE ONLY*****x****:e****x*��+:r Reservation Fee: $ { Date Paid: Initials: Deposit Fee: $ Ile if, I!& Payment: ❑ Cash Q Check ❑ Charge Total Fee: $ l Submitted to City Councils Confirmation Sent: Initials: City Council Approval: M31enry Recrealtion Alcohol ocSpecial Use Permit Application - Application Date: 2-18`18 Ret7tal`Dafe: b7 f `%"l ]tentat Ttme 123fl-33pprri Name ofApplicarit Jessica J. Scholl ()ate of girth: 08; (if 1615 N Donovan.tt Address: Cltyj5tatejZlp; MoHariry, li 60050 Home phone; NA .Cell phone. 25348&2320 Personal Ema Event Shower ALC(3HOl. FEE �z5.00 (at least 4 weeks notice needed) Type of Alcohol to be Served: Wine ©beer Amount of Alcohol: Wine Bottles # 10 SPEGA[, USE ND EEE (at least � weeks rlotiCe needed) a Tent ct Bounce House Applicant to tail JULiE q Tables # o Wedding Arch ❑ Ice Sculpture ❑ Chairs# a Music: o DJ ❑ E J Beer Cases # Bounce Houses i3eer Kegs # o Helium Tank (waiverregnired) a Cotton CandylPopcorn Machine ❑ Phofio 800th!'�„_ o Portable Electronics Approval wilt be based on the items listed above. Any atherrequests are subject to further approval If applicable, health permits are required by law far concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 815-334-4585 1 agree that all the alcohol containers willbe removed by applicant or placed in proper containers on site on the rental date and that no underage or intoxicated person will be allowed to consume any alcohol brought into the McHenry Recreation Center underthis permit. I agree that none of the alcohol allowed in the McHenry Recreation Center, pursuant to this application will be sold, it being understood that the sale of alcohol under this pen -nit Issued pursuant to this application is expressly prohibited. I have read and will comply with the Recreation Center Rental Guidelines.. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the McHenry Recreation Center Alcohol &Special Use Permit Application and will assume responsibility for any loss, damage or liability arising from the use of city property. I also understand that not complying with the rules will result In loss of deposit. MEETING OF THE COMMITTEE OF THE WHOLE January 29, 2018 Mayor Wayne Jett called the regularly scheduled January 29, 2018 meeting of the Committee of the Whole to order at 7:00 pm in the McHenry City Council Chambers, 333 S. Green Street, McHenry, IL. In attendance were the following Councilmembers: Mihevc, Glab, Schaefer, Condon, Devine, Curry, and Santi. Also in attendance: City Administrator Morefield, Director of Parks and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk, Director of Public Works Schmitt, Director of Community Development Polerecky, Director of Finance Lynch, Deputy Chief of Police Walsh, Project Engineer Strange, Streets Superintendent Schweda, and Deputy Clerk Geraghty. PUBLIC COMMENT 10 rem CONSENT AGENDA A. Issuance of Checks in the amount of $1,769,970.11, and B. Payment of Bills in the amount of $81,196.92. Motion by Alderwoman Condon, second by Alderman Schaefer, approving the Consent Agenda as presented. Voting Aye: Condon, Schaefer, Devine, Mihevc, Curry, Santi, Glab Voting Nay: None Absent: None Motion Carried. DISCUSSION ONLY ITEM: A. FY 18/19 — FY 22/23 General Fund Capital Improvement Program. City Administrator Morefield announced Council was asked to review, discuss and prioritize the General Fund capital improvement and capital equipment projects prior to the completion of the CIP document. In addition, projects for inclusion in the FY 18/19 budget could be identified prior to the start of the budgeting process. City Administrator Morefield provided the Council with an overview of the proposed projects submitted for consideration. The projects were prioritized as Priority A Urgent, Priority B Necessary, Priority C Desirable, and Priority D Deferrable. Committee of the Whole Page 2 January 29, 2018 There were 29 projects identified for FY $15,654,414. While the street program is spreadsheet for an estimated $8,493,314, included in the totals. 18/19 with a total estimated cost of in on Line 86 of the FY 18/19 no funding was currently identified or Alderman Curry stated he would prefer that project priorities were included in each of the project description sheets. City Administrator Morefield said projects ranked urgent were listed first in the sheets and the priorities would be reassigned after meeting with each department head. Alderwoman Condon stated she would prefer that Council was aware of Department Head recommendations and asked that all five years of the CIP be included in future spreadsheets. Mayor Jett called on city property owner Mr. Ned Neumann who address the Council regarding his desire for the city to dredge the Boone Lagoon from Green Street to Freund Field. Facilities Projects: Alderwoman Condon asked if there was a specific reason why carpeting was not scheduled for replacement in the Council Chambers. Alderman Glab asked if the carpeting is cleaned regularly and Director Hobson said it is steam cleaned annually. Alderman Schaefer inquired about the proposed Municipal Center boiler replacement and suggested it might be less expensive to replace the boilers at the same time. Director Polerecky stated the boilers have been re -tubed once and are growing increasingly inefficient. During times of extreme cold, it is difficult for the boilers to heat all areas of the building. Alderman Curry stated he would prefer replacing the boiler instead of the carpeting. Public Works Facility Improvements: Alderman Schaefer asked if the proposed fuel station at the Public Works facility would be used for all city vehicles. Director Schmitt answered yes; in addition, he will propose a possible partnership or use agreement with the school districts. Alderman Schaefer asked if the tanks would be underground and Director Schmitt said no, they would be installed aboveground. Alderman Glab asked if there would be enough of a savings from the fueling station to Committee of the Whole Page 3 January 29, 2018 oMet the initial expense to construct and maintain the site. Director Schmitt answered purchasing bulk fuel is cheaper and noted the cost of fuel fluctuates with the market. Alderman Sant, asked if the storage of fuel was regulated and Director Schmitt answered the fueling station would require a State Fire Marshal permit. Alderman Devine asked when the fueling station on Main Street was out of service, where did the fire district obtained fuel and Director Schmitt said from a private station. Chief Birk said the police had an agreement with the Shell station in town. Director Schmitt noted that during a citywide power outage, an emergency generator would power the proposed fuel station. Alderman Curry said the fueling station could be a considerable savings for the city and suggested it remain in the CIP until the cost had been determined. Public Safety Projects: Alderman Schaefer inquired about the proposed police speed trailer replacement for $20,000 and noted the new speed signs seem to be effective. A discussion ensued on the effectiveness and placement of the speed signs. Chief Birk noted the signs are rotated every 30-60 days. Alderman Glab suggested permanent locations be determined for the signs. Regarding requested replacement police vehicles, Alderman Curry asked if staff had performed a survey for mileage, maintenance costs, etc. Chief Birk answered yes; when the vehicles cost more to maintain than they are worth, staff looks to replace them. Older squads are decommissioned and used by other department staff, or sold at auction and added equipment costs were included in the replacement estimate. Alderman Santi asked if there were restrictions on how seizure dollars could be used and Chief Birk stated the funds could not be used to replace or supplement funds normally provided by the city; only in addition to what the city provides and by law must directly benefit the police department. In the CIP, police are requesting the purchase of four new vehicles from which one would be purchased with seizure fund dollars. Motor Pool: Regarding the request for a new public works dump truck, Alderman Santi stated the mileage on the truck seemed low. Director Schmitt stated the condition of dump trucks is based more on snow plowing hours rather than miles. The truck is rusty, leaking oil, the transmission is slipping and the dump box has holes in it. Alderwoman Condon asked for the priority ranking for the six vehicles requested and Committee of the Whole Page 4 January 29, 2018 Streets Superintendent Schweda answered four of the replacements were ranked as urgent. Alderman Santi asked if the parks vehicle request included a plow and Director Hobson answered yes, it would be used to clear snow from parking lots and cul-de-sacs. Parks Projects: Referring to the removal of Line 46, Veterans Memorial Park Shelter Expansion, Alderman Schaefer asked if bathroom renovations at the park where also removed. City Administrator Morefield answered the bathroom project would be funded by the Developer Donation Fund. Alderman Glab said he would not like to see other services diminished by park projects. Alderman Curry noted he would not support expansion of the shelter at Veterans Park but would support renovating the restrooms adding this should be a priority. Alderman Glab inquired about the allocation of Park Developer Donations for the recreation center and park projects stating he did not recall the Council agreeing to stop the transfer of 50% of developer donations in parks revenue to the recreation center fund. Director Lynch stated the transfers were stopped in 2011 however this could change at Council's discretion. Alderman Devine asked if the Knox Park pool heater would last another season and Director Hobson answered the heater and pool liner should last one more year. Streets/Sidewalks/Signals: Alderman Glab stated he would prefer $50,000 for the sidewalk program instead of continuing with the tree replacement program and asked if the tree replacement program was part of the grant funding received for trees. City Administrator answered no, the grant money was expended. Alderwoman Condon agreed with the importance of funding the sidewalk replacement program and said the project should be funded at a minimum of $50,000. Alderman Santi said he was opposed to any reduction for sidewalk replacement. Alderman Schaefer said he agreed with Alderwoman Condon about funding sidewalk replacement and asked about the cost -share tree program. Director Schmitt stated the city did not have a cost -share for trees; the city plants trees in parkways at no cost to residents. Committee of the Whole Page 5 January 29, 2018 Alderman Curry said currently, the CIP is proposing $500,000 for Streets however with the exception of Timothy and Clover, the city still does not have local street money assigned. Alderwoman Condon stated her support for including the road program as a separate line item in the CIP and encouraged a flat amount be allocated annually. Alderman Schaefer asked that major projects such as Timothy and Clover also be presented in the CIP as separate line items. Alderman Glab remarked other than earmarking $500,000 for the road program this year, he would rather it be carried over to the next year because there would be a cost savings if more streets were included in the bid. Alderwoman Condon stated she would like staff's opinion about the possibility of a cost savings if the road program were postponed to next year. Director Schmitt recommended seeking bids this year to test the market. Alderman Curry asked if the Green Street Bridge Rehabilitation project was needed this year. Director Schmitt answered the sidewalk is a hazard and is part of the bridge. Stormwater/Drainage: Alderman Santi asked if staff had received any news about the Lakeland Park drainage grant request. Director Schmitt said the city would know this spring if the application was approved. City Administrator Morefield noted staff is planning for its approval and if denied, the city's share in the cost of the project will increase from $1.5M to $2.3M, adding in either case, staff will go before the Council for approval prior to moving forward with the project. ADJOURNMENT Mayor Jett thanked Staff and the Council for their input and called for a motion to adjourn the meeting. Alderman Schaefer requested that the police parking analysis be presented to the Council at a future meeting. Alderman Glab suggested the analysis be conducted again during the summer months. Alderman Curry thanked staff for putting the CIP together and stated this year's process was well developed and organized. City Administrator Morefield announced the next time the CIP is presented to the Council, all other funds will be included and any changes made to the 100 100-01-6110 ACE HARDWARE, MCHENRY 7,20 02/02/2018 100 100-33-5115 NORTHFIELD 720,97 02/02/2018 100 100-33-5370 ACE HARDWARE, MCHENRY 105.64 02/02/2018 100 100-33-5370 ACE HARDWARE, MCHENRY 25.55 02/02/2018 100 1 00-33-61 10 ACE HARDWARE, MCHENRY 213.31 02/02/2018 100 100-33-6115 ACE HARDWARE, MCHENRY 40,48 02/02/2018 100 10045-6110 ACE HARDWARE, MCHENRY 527,38 02/02/2018 200 200-00-5110 ILLINOIS LIQUOR CONTROL COMMISSION 25,00 02/02/2018 510 510-31-6110 ACE HARDWARE, MCHENRY 324,27 02/02/2018 510 510-32-6110 ACE HARDWARE, MCHENRY 383008 02/02/2018 510 510-35-6110 ACE HARDWARE, MCHENRY 68,57 02/02/2018 100 100-01-6210 STAPLES BUSINESS CREDIT 772,49 02/08/2018 100 100-01-6940 SECRETARY OF STATE / POLICE DEPT 20,00 02/08/2018 100 1 00-03-621 0 STAPLES BUSINESS CREDIT 8,99 02/08/2018 100 1 00-22-51 10 DREISILKER ELECTRIC MOTORS INC 68,98 02/08/2018 100 1 00-22-541 0 BANKCARD PROCESSING CENTER 360,00 02/08/2018 100 1 00-22-541 0 BANKCARD PROCESSING CENTER 245,00 02/08/2018 100 100-22-5430 TRITON 300.00 02/08/2018 100 1 00-22-621 0 BANKCARD PROCESSING CENTER 49,61 02/08/2018 100 1 00-22-621 0 BANKCARD PROCESSING CENTER 54,95 02/08/2018 100 1 00-22-621 0 STAPLES BUSINESS CREDIT 85,74 02/08/2018 100 1 00-30-541 0 BANKCARD PROCESSING CENTER 70,00 02/08/2018 100 1 00-30-621 0 BANKCARD PROCESSING CENTER 323,00 02/08/2018 100 1 00-30-621 0 STAPLES BUSINESS CREDIT 8,29 02/08/2018 100 100-33-5320 NETWORKFLEET INC 291,30 02/08/2018 100 100-33-5430 BANKCARD PROCESSING CENTER 550,00 02/08/2018 400 400-00-6110 CUTTING EDGE COMMUNICATIONS INC 1526,00 02/08/2018 400 400-40-5110 LES MILLS UNITED STATES TRADING INC 410,00 02/08/2018 400 400-40-5110 LES MILLS UNITED STATES TRADING INC 310,00 02/08/2018 510 510-31-6110 BANKCARD PROCESSING CENTER 289,08 02/08/2018 510 510-32-6110 BANKCARD PROCESSING CENTER 93,00 02/08/2018 510 510-32-8500 WILLIAMS BROTHERS CONSTRUCTION INC 781618,32 02/08/2018 510 510-32-8500 WILLIAMS BROTHERS CONSTRUCTION INC 253190,06 02/08/2018 620 620-00-5110 AT&T 2159,40 02/08/2018 620 620-00-5110 STANS LPS MIDWEST 1672,00 02/08/2018 620 620-00-6270 BANKCARD PROCESSING CENTER 17,88 02/08/2018 100 100-01-5110 US BANK EQUIPMENT FINANCE 342,10 02/16/2018 100 100-01-5320 VERIZON WIRELESS 160,56 02/16/2018 100 100-01-6110 SAM'S CLUB 45,00 02/16/2018 100 100-01-6210 SYNCB/AMAZON 3,45 02/16/2018 100 100-03-5320 VERIZON WIRELESS 108,37 02/16/2018 100 1 00-22-51 10 U.S. BANK 225,00 02/16/2018 100 100-22-5320 VERIZON WIRELESS 1447,28 02/16/2018 100 100-30-5320 VERIZON WIRELESS 61,19 02/16/2018 100 1 00-33-451 0 BIG R STORE 57,99 02/16/2018 100 1 00-33-51 10 US BANK 73,00 02/16/2018 100 100-33-5320 VERIZON WIRELESS 123084 02/16/2018 100 100-33-5370 BIG R STORE 183,98 02/16/2018 100 100-33-5370 ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP 161639 02/16/2018 100 100-33-5520 DIRECT ENERGY BUSINESS 11719,05 02/16/2018 100 100-33-6110 BIG R STORE 337.44 02/16/2018 100 100-41-5320 VERIZON WIRELESS 3,21 02/16/2018 100 10041-6110 SYNCB/AMAZON 114,36 02/16/2018 100 10042-6110 SYNCB/AMAZON 51,26 02/16/2018 100 10044-6110 SAM'S CLUB 45,00 02/16/2018 100 10045-5320 VERIZON WIRELESS 36,21 02/16/2018 100 10046-5320 VERIZON WIRELESS 2,11 02/16/2018 100 10046-6110 SAM'S CLUB 45,00 02/16/2018 100 100-46-6920 SAM'S CLUB 115,72 02/16/2018 200 200-00-5110 INDESTRUCTO RENTAL COMPANY 2800000 02/16/2018 510 510-314510 BIG R STORE 219,96 02/16/2018 510 510-31-5110 US BANK 73,00 02/16/2018 510 510-31-5320 VERIZON WIRELESS 185,11 02/16/2018 510 510-31-5510 DIRECT ENERGY BUSINESS 2322,83 02/16/2018 510 510-32-5110 US BANK 73,00 02/16/2018 510 510-32-5320 VERIZON WIRELESS 49,57 02/16/2018 510 510-32-5510 DIRECT ENERGY BUSINESS 9236,98 02/16/2018 510 510-32-5580 WINNEBAGO LANDFILL CO 12097,44 02/16/2018 510 510-35-5110 US BANK 73,00 02/16/2018 510 510-35-5320 VERIZON WIRELESS 76,02 02/16/2018 510 510-35-5370 ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP 43,00 02/16/2018 620 620-00-5320 VERIZON WIRELESS 79,56 02/16/2018 100 100-22-5430 MCHENRY COUNTY CHIEFS OF POLICE 30,00 02/20/2018 100 100-01-5110 ASSOCIATED ELECTRICAL CONTRACTORS 896,74 02/23/2018 100 100-01-5310 PITNEY BOWES INC 14,58 02/23/2018 100 100-01-5310 UPS 4,18 02/23/2018 100 100-01-5410 BANKCARD PROCESSING CENTER 191,50 02/23/2018 100 100-01-5430 BANKCARD PROCESSING CENTER 387,00 02/23/2018 100 100-01-6210 SYNCB/AMAZON 59,63 02/23/2018 100 100-01-6940 BANKCARD PROCESSING CENTER 50,00 02/23/2018 100 1 00-03-531 0 PITNEY BOWES INC 68,89 02/23/2018 100 1 00-03-531 0 UPS 4,18 02/23/2018 100 100-03-5370 NAPA AUTO PARTS MPEC 106,19 02/23/2018 100 100-03-5430 BANKCARD PROCESSING CENTER 35,00 02/23/2018 100 1 00-03-621 0 SYNCB/AMAZON 24442 02/23/2018 100 1 00-04-51 10 BANKCARD PROCESSING CENTER 165,94 02/23/2018 100 1 00-04-531 0 PITNEY BOWES INC 320,22 02/23/2018 100 1 00-22-51 10 CELLEBRITE INC 3980,00 02/23/2018 100 1 00-22-51 10 JPMORGAN CHASE BANK NA 15,19 02/23/2018 100 1 00-22-531 0 UPS 8,47 02/23/2018 100 100-22-5320 AT&T 151,67 02/23/2018 100 100-22-5320 AT&T 1836,89 02/23/2018 100 100-22-5370 NAPA AUTO PARTS MPEC 771,82 02/23/2018 MCHENRY COUNTY JUVENILE OFFICERS 100 1 00-22-541 0 ASSOC 30,00 02/23/2018 100 1 00-22-61 10 NAPA AUTO PARTS MPEC 127,64 02/23/2018 100 1 00-22-621 0 SYNCB/AMAZON 35,68 02/23/2018 100 1 00-30-51 10 RVG COMMERCIAL 1200,00 02/23/2018 100 1 00-30-531 0 UPS 10,60 02/23/2018 100 100-33-5370 NAPA AUTO PARTS MPEC 2410,91 02/23/2018 100 100-33-5515 AT&T 61,21 02/23/2018 100 100-33-5520 CONSTELLATION NEWENERGY INC 24076,01 02/23/2018 100 100-33-5520 CONSTELLATION NEWENERGY INC 3753,84 02/23/2018 100 1 00-33-61 10 ELAN CITY 2715,00 02/23/2018 100 10041-5430 BANKCARD PROCESSING CENTER 265.00 02/23/2018 100 1 00-41 -5430 CARRICO AQUATIC RESOURCES INC 300.00 02/23/2018 100 100-43-5320 AT&T 118.34 02/23/2018 100 10044-5510 CONSTELLATION NEWENERGY INC 66.62 02/23/2018 100 10045-5320 AT&T 801.30 02/23/2018 100 10045-5320 AT&T LONG DISTANCE 0.41 02/23/2018 100 100-45-5370 NAPA AUTO PARTS MPEC 234.53 02/23/2018 100 1 00-45-551 0 CONSTELLATION NEWENERGY INC 959.04 02/23/2018 100 10045-6110 NAPA AUTO PARTS MPEC 24.00 02/23/2018 100 10045-6110 SYNCB/AMAZON 49.27 02/23/2018 100 100-46-5320 AT&T 30.07 02/23/2018 100 1 00-46-551 0 CONSTELLATION NEWENERGY INC 33.34 02/23/2018 100 10046-6110 BANKCARD PROCESSING CENTER 21.50 02/23/2018 100 10046-6110 BANKCARD PROCESSING CENTER 4588A4 02/23/2018 100 100-46-6110 SYNCB/AMAZON 148.60 02/23/2018 100 10046-6920 SYNCB/AMAZON 186.00 02/23/2018 400 400-00-6130 CINTAS CORPORATION LOC 355 38.22 02/23/2018 400 40040-3650 BANKCARD PROCESSING CENTER 101.75 02/23/2018 510 510-31-5370 NAPA AUTO PARTS MPEC 126.03 02/23/2018 510 510-31-5510 DIRECT ENERGY BUSINESS 4716,76 02/23/2018 510 510-32-5370 NAPA AUTO PARTS MPEC 231.90 02/23/2018 510 510-32-5510 CONSTELLATION NEWENERGY INC 35.25 02/23/2018 510 510-32-5510 DIRECT ENERGY BUSINESS 655.81 02/23/2018 510 510-32-6110 NAPA AUTO PARTS MPEC 48.15 02/23/2018 510 510-35-5370 NAPA AUTO PARTS MPEC 159.46 02/23/2018 620 620-00-5110 AVENET LLC 2600,00 02/23/2018 620 620-00-5110 COMCAST CABLE 133.90 02/23/2018 620 620-00-5110 COMCAST CABLE 164.85 02/23/2018 620 620-00-5110 COMCAST CABLE 41.21 02/23/2018 620 620-00-5110 COMCAST CABLE 138.45 02/23/2018 620 620-00-5110 COMCAST CABLE 143.85 02/23/2018 760 760-00-5110 BANKCARD PROCESSING CENTER 175.00 02/23/2018 100 1 00-02-531 0 POSTMASTER MCHENRY IL 2322,34 02/28/2018 100 100-03-5430 PIERI COMPANIES 190.00 02/28/2018 620 620-00-5110 AT&T 2216,23 02/28/2018 TOTAL 1155336.54 FUND TOTALS: FUND 100 74193.59 FUND 200 2825,00 FUND 400 2385,97 FUND 510 1066389,65 FUND 620 9367,33 FUND 760 175.00 TOTAL 1155336, 54 Vendor Name McHenry, IL Payable Number Vendor: ALLEN, GWENDOLYN ALLEN, GWENDOLYN INV0005466 Vendor: ALPHA BUILDING MAINTENANCE SERVICE INC ALPHA BUILDING 18629CM Vendor: AMERICAN RED CROSS AMERICAN RED CROSS 22082180 Vendor: BANK OF NEW YORK MELLON, THE BANK OF NEW YORK MELLON, 252-2087067 Vendor: BANK OF NEW YORK MELLON, THE BANK OF NEW YORK MELLON, MCHENRY GO REF 13 BANK OF NEW YORK MELLON, MCHENRY GO REF 13 Vendor:BARNETT,LAURA BARNETT,LAURA INV0005467 Vendor: BARRINGTON PARK DISTRICT BARRINGTON PARK DISTRICT 042018 Vendor: BIEDERER, NICHOLAS BIEDERER, NICHOLAS INV0005482 Vendor: CABAY &COMPANY INC CABAY &COMPANY INC 58834 Vendor: CADRY, MICHAEL CADRY, MICHAEL P105091 Vendor: CALABRESE, ANOTNIO CALABRESE, ANOTNIO 2/24-3/4 Vendor: CAPITAL GAINS INCORPORATED CAPITAL GAINS 2435 Vendor: CENTEGRA OCCUPATIONAL HEALTH CENTEGRA OCCUPATIONAL 205355,205456 CENTEGRA OCCUPATIONAL 205355,205456 CENTEGRA OCCUPATIONAL 2055171205580 CENTEGRA OCCUPATIONAL 205517,205580 CENTEGRA OCCUPATIONAL 205895,206241 CENTEGRA OCCUPATIONAL 205895,206241 Vendor: CHAPEL HILL FLORIST INC CHAPEL HILL FLORIST INC 006017 Expense Approval Register List of Bills Council Meeting 3-19-18 Post Date Description (Item) Account Number Amount 03/19/2018 MEAL REIMB 100-23-5420 70.99 Vendor ALLEN, GWENDOLYN Total: 70.99 03/19/2018 MARCH SVS 400-00-5200 2,080.00 Vendor ALPHA BUILDING MAINTENANCE SERVICE INC Total: 2,080.00 03/19/2018 STAFF CERTS REC CTR-ICAREN, 400-00-5430 112.00 Vendor AMERICAN RED CROSS Total: 112.00 03/13/2018 FEES 300-00-7300 1,302.50 Vendor BANK OF NEW YORK MELLON, THE Total: 1,302.50 03/19/2018 BONDS 300-00-7100 565,000.00 03/19/2018 BONDS 300-00-7200 %780.00 Vendor BANK OF NEW YORK MELLON, THE Total: 574,780.00 03/19/2018 MEAL REIMB 100-23-5420 31.83 Vendor BARNETT, LAURA Total: 31.83 03/19/2018 DRURYLANETRIP 100-46-5110 713.31 Vendor BARRINGTON PARK DISTRICT Total: 713.31 03/19/2018 TCI<T REF 100-2200 25.00 Vendor BIEDERER, NICHOLAS Total: 25.00 03/19/2018 SUPP 400-00-6111 893.35 Vendor CABAY &COMPANY INC Total: 893.35 03/19/2018 TKT OVERP 100-2200 25.00 Vendor CADRY, MICHAEL Total: 25.00 03/19/2018 BBALL 100-47-5110 100.00 Vendor CALABRESE, ANOTNIO Total: 100.00 03/19/2018 SVS 760-00-5110 5,002.00 Vendor CAPITAL GAINS INCORPORATED Total: 5,002.00 03/19/2018 KOSTELNIK, CROWDER, 100-01-5110 35.00 03/19/2018 KOSTELNIK, CROWDER, 100-01-5110 130.00 03/19/2018 BANWART, PREVES, BENCE, DU A 100-01-5110 85.00 03/19/2018 BANWART,PREVES,BENCE,DUFI 100-01-5110 105.00 03/19/2018 S. BOELKENS, A. POWELL 100-01-5110 35.00 03/19/2018 S. BOELKENS, A. POWELL 100-01-5110 35.00 Vendor CENTEGRA OCCUPATIONAL HEALTH Total: 425.00 03/19/2018 GREGORIO 100-01-6940 59.95 Vendor CHAPEL HILL FLORIST INC Total: 59.95 3/14/2018 11;34:42 AM Expense Approval Register Packet: APPKTO1097 - 349-18 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: CINTAS CINTAS 5009990897 03/19/2018 F/A MTHLY 400-00-6130 39,53 Vendor CINTAS Total: 39.53 Vendor: CONSTELLATION NEWENERGY INC CONSTELLATION NEWENERGY INV0005468 03/19/2018 UTLILTIES 100-33-5520 297,18 CONSTELLATION NEWENERGY INV0005468 03/19/2018 UTLILTIES 100-33-5520 22,375,51 CONSTELLATION NEWENERGY INV0005468 03/19/2018 UTLILTIES 100-42-5510 94,95 CONSTELLATION NEWENERGY INV0005468 03/19/2018 UTLILTIES 100-45-5510 351,77 CONSTELLATION NEWENERGY INV0005469 03/19/2018 UTIL 510-32-5510 32,79 Vendor CONSTELLATION NEWENERGY INC Total: 23,152.20 Vendor: CORKSCREW GYMNASTICS & SPORTS ACADEMY CORKSCREW GYMNASTICS & 499 03/19/2018 PGM INST 100-47-5110 11536,00 Vendor CORKSCREW GYMNASTICS & SPORTS ACADEMY Total: 1,536.00 Vendor: CRYSTAL LAKE PARK DISTRICT CRYSTAL LAKE PARK DISTRICT 123456 03/19/2018 MILW FIELD TRIP 100-46-5110 542,05 Vendor CRYSTAL LAKE PARK DISTRICT Total: 542.05 Vendor: DIRECT ENERGY BUSINESS DIRECT ENERGY BUSINESS INV0005494 03/19/2018 UTIL 510-31-5510 41821,05 DIRECT ENERGY BUSINESS INV0005494 03/19/2018 UTIL 510-32-5510 14,777,77 Vendor DIRECT ENERGY BUSINESS Total: 190598.82 Vendor: DURBAND, KAITLIN DURBAND, KAITLIN INV0005470 03/19/2018 MEAL REIMB 100-23-5420 32,00 Vendor DURBAND, KAITLIN Total: 32.00 Vendor: EDESIGN CHICAGO EDESIGN CHICAGO 2015925 03/19/2018 SPRING NWSL 100-01-5110 735,00 Vendor EDESIGN CHICAGO Total: 735.00 Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY IN00154919 03/19/2018 MTHLY HAD MAINT 225-00-5110 1,306.50 Vendor FOX VALLEY FIRE & SAFETY Total: 1,306.50 Vendor: FUN EXPRESS LLC FUN EXPRESS LLC 688759042-01 03/19/2018 SUPP 100-47-6110 254,81 FUN EXPRESS LLC 688760990-01 03/19/2018 EASTER EGGS 100-47-6110 264A8 Vendor FUN EXPRESS LLC Total: 519929 Vendor: GARRETT, PATRICIA GARRETT, PATRICIA INV0005471 03/19/2018 MEAL REIMB 100-23-5420 42,49 Vendor GARRETT, PATRICIA Total: 42.49 Vendor: GENDE, ROBERT GENDE, ROBERT 2/24-3/4/18 03/19/2018 BBALL 100-47-5110 100600 Vendor GENDE, ROBERT Total: 100000 Vendor: GESSERT, SCOTT GESSERT, SCOTT INV0005472 03/19/2018 BBALL 100-47-5110 200.00 Vendor GESSERT, SCOTT Total: 200.00 Vendor: HAUSER, LINDA HAUSER, LINDA P105035 03/19/2018 TKTOVEPY 100-2200 25.00 Vendor HAUSER, LINDA Total: 25.00 Vendor: HELLER & HELLER CONSULTING INC HELLER & HELLER CONSULTING 511 03/19/2018 CONSULT 400-00-8200 51000,00 HELLER & HELLER CONSULTING 505 03/26/2018 SVS 400-00-8200 31800,00 Vendor HELLER & HELLER CONSULTING INC Total: %800.00 Vendor: HRGREEN HRGREEN 10-117310 03/19/2018 SVS-BV/CURRAN 440-00-8600 1,017.07 HRGREEN 117080 03/19/2018 DD REC DRAW REV 740-00-5220 288,00 HRGREEN 117084 03/19/2018 PEARLSTCOMM 740-00-5220 144,00 HRGREEN 18-117297 03/19/2018 SVS MCCULL LK RD 270-00-8600 3,903.58 Vendor HRGREEN Total: 5,352.65 3/14/2018 11:34:42 AM Expense Approval Register Packet: APPKT01097 - 3-1948 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor:ICSC ICSC INV0005473 03/19/2018 MAYOR JETTMSHIP 100-02-5410 135.00 Vendor ICSC Total: 135.00 Vendor: KINNEY, BRETT KINNEY, BRETT INV0005474 03/19/2018 MEAL REIMB 100-22-5420 24.00 Vendor KINNEY, BRETT Total: 24.00 Vendor: LARSON, ED LARSON, ED INVOOOS475 03/19/2018 MILEAGE REIMB 620-00-5420 84.70 Vendor LARSON, ED Total: 84.70 Vendor: LEIBACH, JUSTIN LEIBACH, JUSTIN INV0005476 03/19/2018 MEAL RIEMB 100-23-5420 32.00 Vendor LEIBACH, JUSTIN Total: 32.00 Vendor: LEISTEN, RICK LEISTEN, RICK INV0005477 03/19/2018 UNIFORM REIMB 100-33-4510 29.95 Vendor LEISTEN, RICK Total: 29.95 Vendor: LES MILLS UNITED STATES TRADING INC LES MILLS UNITED STATES SIV566812 03/19/2018 MARCH LIC FEES 400-40-5110 410.00 Vendor LES MILLS UNITED STATES TRADING INCTotal: 410.00 Vendor: LESNIAK, JOHN LESNIAK, JOHN INV0005478 03/19/2018 PARKING REIMB 100-41-5420 20,00 Vendor LESNIAK, JOHN Total: 20.00 Vendor: LEXISNEXIS LEXISNEXIS 1236684-20180228 03/19/2018 MTHLY 100-22-5110 125.50 Vendor LEXISNEXIS Total: 125.50 Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK MCANDREWS PC, THE LAW 2/22/18 03/19/2018 LEGALSVS 100-01-5230 5,175.00 Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total: 5,175.00 Vendor: MCHENRY AREA CHAMBER OF COMMERCE MCHENRY AREA CHAMBER OF 61478 03/19/2018 CHAMBER D/D 100-01-6940 95.00 MCHENRY AREA CHAMBER OF 61478 03/19/2018 CHAMBERD/D 100-02-6940 760.00 MCHENRY AREA CHAMBER OF 61809 03/19/2018 STATE OF MCH LUNCHEON (3) 100-01-6940 570,00 Vendor MCHENRY AREA CHAMBER OF COMMERCE Total: 1,425.00 Vendor: MCHENRY COUNTY DIV OF TRANSPORTATION MCHENRY COUNTY DIV OF 2-36 03/19/2018 MCRIDE 2-18 100-01-5110 2,699.17 Vendor MCHENRY COUNTY DIV OF TRANSPORTATION Total: 2,699.17 Vendor: MCHENRY COUNTY RECORDER OF DEEDS MCHENRY COUNTY RECORDER INV0005479 03/19/2018 FEB REC FEES 100-01-6940 55.00 MCHENRY COUNTY RECORDER INV0005480 03/19/2018 FEB REC 510-31-6940 42.00 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total: 97.00 Vendor: MCHENRY PRINTING MCHENRY PRINTING 41366 03/19/2018 MCHENRY SHAMROCKS THE 200-00-5110 952.00 Vendor MCHENRY PRINTING Total: 952.00 Vendor: MCKENDRY, AMY MCKENDRY, AMY INV0005481 03/19/2018 MEAL REIMB 100-23-5420 57.92 Vendor MCKENDRY, AMY Total: 57,92 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 90107 03/19/2018 SPR FLYERS 100-47-5330 632.14 Vendor MINUTEMAN PRESS OF MCH Total: 632.14 Vendor: MUNICIPAL COLLECTION SERVICES INC MUNICIPAL COLLECTION 011717 03/19/2018 COLL FEES 400-00-5110 210.04 Vendor MUNICIPAL COLLECTION SERVICES INC Total: 210.04 Vendor: NAPA AUTO PARTS MPEC NAPA AUTO PARTS MPEC INV0005483 03/19/2018 MAT/SUPP 100-01-6110 312.19 NAPA AUTO PARTS MPEC INV0005483 03/19/2018 MAT/SUPP 100-03-5370 292,38 NAPA AUTO PARTS MPEC INV0005483 03/19/2018 MAT/SUPP 100-22-5370 296,63 3/14/2018 11:34:42 AM Expense Approval Register Packet: APPKT01097 - 349-18 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount NAPA AUTO PARTS MPEC INV0005483 03/19/2018 MAT/SUPP 100-33-5370 21002,16 NAPA AUTO PARTS MPEC INV0005483 03/19/2018 MAT/SUPP 100-45-6110 7,21 NAPA AUTO PARTS MPEC INV0005484 03/19/2018 MAT/SUPP 510-31-5370 381,60 NAPA AUTO PARTS MPEC INV0005484 03/19/2018 MAT/SUPP 510-32-5370 198.67 NAPA AUTO PARTS MPEC INV0005484 03/19/2018 MAT/SUPP 510-35-5370 480.85 Vendor NAPA AUTO PARTS MPEC Total: 3,971.69 Vendor: NICOR GAS NICOR GAS INV0005495 03/19/2018 UTIL 100-43-5510 209.61 NICOR GAS INV0005495 03/19/2018 UTIL 100-45-5510 11034,93 NICOR GAS INV0005495 03/19/2018 UTIL 100-46-5510 61,53 NICOR GAS INV0005495 03/19/2018 UTIL 400-00-5510 754,00 NICOR GAS INV0005496 03/19/2018 UTIL 510-31-5510 1,597.48 NICOR GAS INV0005496 03/19/2018 UTIL 510-32-5510 6,002.99 Vendor NICOR GAS Total: 9,660.54 Vendor: OTTOSEN BRITZ KELLY COOPER & GILBERT LTD OTTOSEN BRITZ KELLY COOPER 105207 03/19/2018 SVS 100-01-5230 31135,00 Vendor OTTOSEN BRITZ KELLY COOPER & GILBERT LTD Total: 3/135400 Vendor: PROSHRED SECURITY PROSH RED SECURITY 990028852 03/19/2018 SVS 100-01-5110 80.00 Vendor PROSHRED SECURITY Total: 80.00 Vendor: REINWALL MARINE SERVICE INC REINWALL MARINE SERVICE 2180205 03/19/2018 MAINT/REP 590-00-5110 3,840.00 Vendor REINWALL MARINE SERVICE INC Total: 3/840900 Vendor: SANDOZ, CHRISTOPHER SANDOZ, CHRISTOPHER INV0005485 03/19/2018 CDL REIMB 510-31-5430 60,00 Vendor SANDOZ, CHRISTOPHER Total: 60.00 Vendor: SASAK, TODD SASAK, TODD INV0005486 03/19/2018 UNIFORM REIMB 510-35-4510 89.26 Vendor SASAK, TODD Total: 89.26 Vendor: SCHEEL, BRYAN SCHEEL, BRYAN INV0005487 03/19/2018 UNIFORM REIMB 510-31-4510 12160 Vendor SCHEEL, BRYAN Total: 123.60 Vendor: SCHWALENBERG, RYAN SCHWALENBERG, RYAN INV0005488 03/19/2018 BOOT REIMBURSEMENT 100-03-4510 128.99 Vendor SCHWALENBERG, RYAN Total: 128.99 Vendor: SEMROW JR, HARRY H SEMROW JR, HARRY H INV0005489 03/19/2018 LGLSVS 100-03-5110 52.50 SEMROW JR, HARRY H INV0005489 03/19/2018 LGLSVS 100-22-5110 472.50 Vendor SEM ROW JR, HARRY H Total: 525.00 Vendor: SHEPHERD, NANCY SHEPHERD, NANCY INV0005490 03/19/2018 MEAL REIMB 100-23-5420 32,00 Vendor SHEPHERD, NANCY Total: 32.00 Vendor: SKILLS FIRST SOCCER LLC SKILLS FIRST SOCCER LLC 02-035 03/19/2018 1/21-3/6 PGM 100-47-5110 11965,00 Vendor SKILLS FIRST SOCCER LLC Total: 1,965.00 Vendor: WILHELM, NIKKI WILHELM, NIKKI I NV0005491 03/19/2018 MEAL REIMB 100-23-5420 29,40 Vendor WILHELM, NIKKI Total: 29A0 Vendor: WINDY CITY LIGHTS WINDY CITY LIGHTS 3554 03/19/2018 LTS 200-00-5110 826.44 Vendor WINDY CITY LIGHTS Total: 826.44 Vendor: WINNEBAGO LANDFILL CO WINNEBAGO LANDFILL CO 1662 03/19/2018 SLDG 510-32-5580 10,879456 Vendor WINNEBAGO LANDFILL CO Total: 10,879.56 3/14/2018 11:34:42 AM Expense Approval Register Vendor Name Payable Number Post Date Vendor: WITT, CINDY WITT, CINDY INV0005492 03/19/2018 Vendor: WORKPLACE SOLUTIONS WORKPLACE SOLUTIONS INV14132 03/19/2018 Packet: APPKT01097 - 34948 AP CKS Description (Item) Account Number Amount SUPP REIMB 100-46-6110 10.54 Vendor WITT, CINDY Total: 10.54 EAP SVS 03/18 100-01-5110 450.42 Vendor WORKPLACE SOLUTIONS Total: 450.42 Grand Total: 695,519.32 3/14/2018 11:34:42 AM Expense Approval Register Packet: APPKT01097 - 34948 AP CKS Fund Summary Fund 100-GENERAL FUND 200-TOURISM FUND 225-ALARM BOARD FUND 270- MOTOR FUELTAX FUND 300 - DEBT SERVICE-1997A FUND 400 - RECREATION CENTER FUND 440 -CAPITAL IMPROVEMENTS FUND 510 - WATER/SEWER FUND 590 - MARINA OPERATIONS FUND 620- INFORMATION TECHNOLOGY FUND 740 -RETAINED PERSONNEL ESCROW 760- POLICE PENSION FUND Grand Total: Expense Amount 4%285.99 1,778.44 1,306.50 3,903.58 576,082,50 13,298.92 1,017.07 3%487.62 3,840.00 84.70 432.00 5,002.00 695,519.32 3/14/2018 11:34:42 AM Expense Approval Register McHenry, IL #2 List of Bills Council Meeting 3-19-18 to an Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ACE TOWING & RECOVERY ACE TOWING & RECOVERY FMMO1223 03/19/2018 tow 100-33-5370 40.00 ACE TOWING & RECOVERY FMMO1224 03/19/2018 tow405 100-33-5370 45.00 Vendor ACE TOWING & RECOVERY Total: 85.00 Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, RA 818071 03/19/2018 404 100-33-5370 98.39 ADAMS ENTERPRISES INC, RA 818178 03/19/2018 161 100-45-5370 219.22 Vendor ADAMS ENTERPRISES INC, R A Total: 317.61 Vendor: ADAMS STEEL SERVICE INC ADAMS STEEL SERVICE INC 347031 03/19/2018 streets 100-33-5370 107.08 ADAMS STEEL SERVICE INC 347113 03/19/2018 streets 100-33-5370 30.95 ADAMS STEEL SERVICE INC 347192 03/19/2018 steel for 1415 100-33-6115 42,50 Vendor ADAMS STEEL SERVICE INC Total: 180.53 Vendor: ADVANCED AUTOMATION AND CONTROLS INC ADVANCED AUTOMATION AND 18-2811 03/19/2018 Lift station repairs Parts and 510-32-6110 1,110.00 Vendor ADVANCED AUTOMATION AND CONTROLS INC Total: 1,110.00 Vendor: ADVANCED COMMUNICATIONS INC ADVANCED 15527 03/19/2018 CRESTRON MATRIX INPUT 100-23-6270 11000.00 ADVANCED 15527A 03/19/2018 CONNECT & PROGRAMMING 100-23-6110 1,000.00 Vendor ADVANCED COMMUNICATIONS INC Total: 21000.00 Vendor: ARAMARK ARAMARK 20633042 03/19/2018 Uniforms Paul Clement 100-33-4510 104.99 Vendor ARAMARK Total: 104.99 Vendor: BIG R STORE BIG R STORE 11502 2/28 ST 03/19/2018 red bucket 100-33-6115 5.98 Vendor BIG R STORE Total: 5.98 Vendor: BUSS FORD SALES BUSS FORD SALES 5029362 03/19/2018 light 318 100-22-5370 271.62 BUSS FORD SALES 5029370 03/19/2018 light 318 100-22-5370 271.62 Vendor BUSS FORD SALES Total: 543.24 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 58782 03/19/2018 M-Fold Towels/City Hal 100-01-6110 29.35 CABAY & COMPANY INC 58816 03/19/2018 floor scrubber 100-33-6115 16,318,50 CABAY & COMPANY INC 58827 03/19/2018 City wide paper supplies 100-01-6110 353.88 Vendor CABAY & COMPANY INCTotal: 161701.73 Vendor: CDW GOVERNMENT INC CDW GOVERNMENT INC LVW1308 03/19/2018 Quote JPTV817 Sergeant 620-00-6270 239.07 Vendor CDW GOVERNMENT INC Total: 239.07 Vendor: CENTURY SPRINGS CENTURY SPRINGS 2/28/2018034419 03/19/2018 Lab Water 510-32-6110 17.00 CENTURY SPRINGS INV0005493 03/19/2018 Lab water 510-32-6110 9.00 Vendor CENTURY SPRINGS Total: 2&00 Vendor: CINTAS CINTAS 5009990898 03/19/2018 Safety Cabinet re -fill 100-45-5110 35.43 Vendor CINTAS Total: 35.43 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 5504335517.001 03/19/2018 electrical supplies 100-45-6110 12.20 CRESCENT ELECTRIC SUPPLY CO 5504606453.001 03/19/2018 contactor+relay coil. vendor 100-33-6110 231.22 CRESCENT ELECTRIC SUPPLY CO 5504768466.001 03/19/2018 ELECTRIC FUSES 100-01-6110 60.02 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 303.44 3/14/2018 11:31:27 AM Expense Approval Register Packet: APPKT01098 - 34948 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: CUMMINS INC CUMMINS INC F2-4138,711-43028 03/19/2018 Preventative Main. Parts for 510-32-5375 663.69 Vendor CUMMINS INC Total: 663.69 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 13875 03/19/2018 UPM cold patch. vendor ticket 100-33-6110 844.80 Vendor CURRAN CONTRACTING COMPANY Total: 844.80 Vendor: DOCUMENT IMAGING DIMENSIONS INC DOCUMENT IMAGING 330678 03/19/2018 Order330678 620-00-6210 864.00 Vendor DOCUMENT IMAGING DIMENSIONS INC Total: 864.00 Vendor: FASTENAL FASTENAL ILMCH25393 03/19/2018 Hardware for Dryer Strainers 510-32-6110 336.05 Vendor FASTENAL Total: 336.05 Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 9593 03/19/2018 READY MIX 103129 100-33-6110 171.88 Vendor FISCHER BROS FRESH Total: 171.88 Vendor: GALLS LLC GALLS LLC 9360165 03/19/2018 UNIFORM ORDER- VARVIL 100-22-4510 124.98 GALLS LLC 9360995 03/19/2018 UNIFORMORDER- VARVIL 100-22-4510 115.98 GALLS LLC 9393090 03/19/2018 UNIFORM ORDER -J. BIRK 100-22-4510 72.59 Vendor GALLS LLC Total: 313.55 Vendor: GESKE AND SONS INC GESKE AND SONS INC 200836 03/19/2018 reg. cold patch. vendorticket 100-33-6110 1,297.75 Vendor GESKE AND SONS INC Total: 11297.75 Vendor: GRAINGER GRAINGER 9660323586 03/19/2018 Window Kit 100-45-6110 49.22 Vendor GRAINGER Total: 49.22 Vendor: HAWKINS INC HAWKINS INC 4233566 03/19/2018 Polymer 1 drum and 1 tote 510-32-6110 41518,60 Vendor HAWKINS INC Total: 41518.60 Vendor: HRGREEN HRGREEN 117080 PROJ 170011 03/19/2018 Lakeland Pk Drn soil borings 100-33-6110 81203,50 Vendor HRGREEN Total: 8,203.50 Vendor: IN -PIPE TECHNOLOGY COMPANY INC IN -PIPE TECHNOLOGY 1208 03/19/2018 Monthly service fee 510-32-5110 71750,00 Vendor IN -PIPE TECHNOLOGY COMPANY INC Total: 7,750.00 Vendor: INTERNATIONAL ASSOC OF ARSON INVESTIGATORS INTERNATIONAL ASSOC OF 118527 03/19/2018 FIRE/ARSON INVEST.- ROSKE 100-22-5410 100.00 Vendor INTERNATIONAL ASSOC OF ARSON INVESTIGATORS Total: 100.00 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 6181112 03/19/2018 stock 100-33-5370 192.05 Vendor KIMBALL MIDWEST Total: 192.05 Vendor: LAFARGE NORTH AMERICA LAFARGE NORTH AMERICA 708207763 03/19/2018 G9 Marina 590-00-6940 104.39 LAFARGE NORTH AMERICA 708433818 03/19/2018 FM2 sand 101782080 510-35-6110 104.08 Vendor LAFARGE NORTH AMERICA Total: 208.47 Vendor: MARATHON TOWING MARATHON TOWING 40006 03/19/2018 DETECTIVE CAR ACCIDENT 100-22-5110 40.00 Vendor MARATHON TOWING Total: 40.00 Vendor: MCMASTER-CARR SUPPLY CO MCMASTER-CARR SUPPLY CO 56783998 03/19/2018 Aerator Drive Belts 510-32-5375 352.44 MCMASTER-CARR SUPPLY CO 56847356 03/19/2018 SBR-Decanter#2 Keyway stock 510-32-5375 99.14 Vendor MCMASTER-CARR SUPPLY CO Total: 451.58 Vendor: MEADE INC MEADE INC 680187 03/19/2018 TL repair BV/Curran680187 100-33-6110 169.83 Vendor MEADE INC Total: 169.83 3/14/2018 11:31:Z7 AM Expense Approval Register Packet: APPKTO1098 - 34948 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 195014W 03/19/2018 Repair Clamps 510-35-6110 11190= Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 1,190.00 Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS M21918 03/19/2018 Yard Hydrant Fitting 510-32-6110 29.94 MIDWEST HOSE AND FITTINGS M21974 03/19/2018 pressure washer parts 100-33-5115 15.62 Vendor MIDWEST HOSE AND FITTINGS INCTotal: 45.56 Vendor: MIDWEST METER INC MIDWEST METER INC 98420-IN 03/19/2018 Inv#0098420 - 3" Comp series 510-31-5110 406.75 Vendor MIDWEST METER INC Total: 406.75 Vendor: MNJ TECHNOLOGIES DIRECT INC MNJ TECHNOLOGIES DIRECT 3590244 03/19/2018 Quote 1083602 Inkjet for CED 620-00-6210 255.62 Vendor MNJ TECHNOLOGIES DIRECT INC Total: 255.62 Vendor: MOTOROLA SOLUTIONS - STARCOM21 NETWORK MOTOROLA SOLUTIONS - 8280419609 03/19/2018 EMERGENCY BUTTON 100-22-6210 85,92 Vendor MOTOROLA SOLUTIONS - STARCOM21 NETWORK Total: 85.92 Vendor: MS FOSTER MS FOSTER 8004 03/19/2018 sensor431 100-33-5370 301.84 MS FOSTER 8004A 03/19/2018 shipping for part 100-33-5370 11.67 Vendor MS FOSTER Total: 313.51 Vendor: NETWORKFLEET INC NETWORKFLEETINC OSV000001342626 03/19/2018 GPS 100-33-5320 294.68 Vendor NETWORKFLEET INC Total: 294.68 Vendor: NORTH EAST MULTI-REGIONALTRAINING INC NORTHEAST MULTI -REGIONAL 232159 03/19/2018 TRAINING-SHAFER 100-22-5430 255,00 Vendor NORTH EAST MULTI -REGIONAL TRAINING INC Total: 255.00 Vendor: NORTHERN TOOL & EQUIPMENT NORTHERN TOOL& WWKB7656 03/19/2018 Pressure Washer Nozzles 510-32-6110 69.11 Vendor NORTHERN TOOL & EQUIPMENTTotal: 69.11 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC NORTHWEST ELECTRICAL 17362001 03/19/2018 Hi Bay Demo Lighting 510-35-6110 300,00 NORTHWEST ELECTRICAL 17367506 03/19/2018 2 port tap connectors/wire nut 100-45-6110 91.56 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total: 391.56 Vendor: ONE IDENTITY ONE IDENTITY 1500001062 03/19/2018 Defender FOBS Support 620-00-5110 416.00 Vendor ONE IDENTITY Total: 416.00 Vendor: PDC LABORATORIES INC PDC LABORATORIES INC 0290336 03/19/2018 Sample - Inv#890240 510-31-5110 220.00 PDC LABORATORIES INC 890178 03/19/2018 Total Nitrogen Test 510-32-6110 60.00 PDC LABORATORIES INC 891410 03/19/2018 Total Nitrogen Test 510-32-6110 60,00 PDC LABORATORIES INC 891412 03/19/2018 Stormwater samples 510-32-6110 695,85 Vendor PDC LABORATORIES INC Total: 11035.85 Vendor: PETROCHOICE LLC PETROCHOICE LLC 10030621 03/19/2018 SQUAD CAR FUEL 100-22-6250 9.90 PETROCHOICE LLC 10446283 03/19/2018 Fuel 100-45-6250 788.89 PETROCHOICE LLC 10452597 03/19/2018 Fuel 100-45-6250 53.67 PETROCHOICE LLC 10460586,10465311 03/19/2018 Fuel 10465311 510-35-6250 36.66 PETROCHOICE LLC 10460586,10465311 03/19/2018 Fuel 10460586 510-35-6250 411.10 PETROCHOICE LLC 10460607 03/19/2018 Fuel Bill 100-03-6250 79.49 PETROCHOICE LLC 10460611,10464813,10465327 03/19/2018 Fuel 10464813 100-33-6250 27.17 PETROCHOICE LLC 10460611,10464813,10465327 03/19/2018 Fuel 10465327 100-33-6250 194.38 PETROCHOICE LLC 10460611,10464813,10465327 03/19/2018 Fuel 10460611 100-33-6250 669.06 PETROCHOICE LLC 10460612 03/19/2018 SQUAD CAR FUEL 100-22-6250 11636,50 PETROCHOICE LLC 10461784 03/19/2018 deisel oil 100-33-5370 21661,53 PETROCHOICE LLC 10464811 03/19/2018 Fuel Bill 100-03-6250 12.78 PETROCHOICE LLC 10464814 03/19/2018 SQUAD CAR FUEL 100-22-6250 142.37 3/14/2018 11:31:27 AM Expense Approval Register Packet: APPKT01098 - 34948 RE CT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount PETROCHOICE LLC 10465325,10460608 03/19/2018 Fuel 10465325 510-32-6250 313.65 PETROCHOICE LLC 10465325,10460608 03/19/2018 Fuel 10460608 510-32-6250 526,62 PETROCHOICE LLC 10465326, 10460610 03/19/2018 Fuel 100-45-6250 350,30 PETROCHOICE LLC 10465328 03/19/2018 SQUAD CAR FUEL 100-22-6250 321,12 Vendor PETROCHOICE LLC Total: 8,235.19 Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 173565 03/19/2018 UNIFORM ORDER- PARDUE 100-22-4510 63,95 PETTIBONE & CO, P F 173967 03/19/2018 BADGE #1121 100-22-6110 285,00 Vendor PETTIBONE & CO, P F Total: 348.95 Vendor: PLATINUM HEATING & COOLING INC PLATINUM HEATING & 5611 03/19/2018 Furnace repair at SWWTP 510-32-5370 2,718.50 PLATINUM HEATING & 5614 03/20/2018 New heater forCWWTP 510-32-5370 21475,00 Vendor PLATINUM HEATING & COOLING INC Total: 5,193.50 Vendor: RADAR MAN INC RADAR MAN INC 3698 03/26/2018 RADAR CERTIFICATIONS 100-22-5110 760,00 Vendor RADAR MAN INC Total: 760.00 Vendor: REINDERS INC REINDERS INC 4050300-00 03/19/2018 Vicon Spreader attatchment 100-45-6270 57893493 Vendor REINDERS INC Total: 5,893.93 Vendor: REX 24/7 TOWING REX 24/7 TOWING 3925 03/19/2018 tow 100-33-5370 40.00 Vendor REX 24/7 TOWING Total: 40.00 Vendor: SCHOPEN PEST SOLUTIONS INC SCHOPEN PEST SOLUTIONS INC 77052 03/19/2018 Pest control: Petersen 100-45-5110 90.00 Vendor SCHOPEN PEST SOLUTIONS INC Total: 90.00 Vendor: SERVICEMASTER CLEAN SERVICEMASTER CLEAN 890315 03/19/2018 Janitorial services 100-01-5110 342.00 Vendor SERVICEMASTER CLEAN Total: 342.00 Vendor: TONYAN BROS INC TONYAN BROS INC 335581 03/19/2018 emergancy snow hauling 100-33-5110 5,171.25 Vendor TONYAN BROS INC Total: 5,171.25 Vendor: TRAFFIC CONTROL & PROTECTION INC TRAFFIC CONTROL & 91824 03/19/2018 sign hardware 100-45-6110 453.10 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 453.10 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 073622 03/19/2018 CAMERA#325 100-22-5370 75,00 Vendor ULTRA STROBE COMMUNICATIONS INCTotal: 75.00 Vendor: USA BLUEBOOK USA BLUEBOOK 501013 03/19/2018 Pad Locks 510-32-6110 135.36 USA BLUEBOOK 501044 03/19/2018 Dryer Strainer Parts 510-32-6110 2,645.77 USA BLUEBOOK 502601 03/19/2018 1" Ball Valves 510-32-6110 232.34 Vendor USA BLUEBOOK Total: 3,013.47 Vendor: WHOLESALE DIRECT INC WHOLESALE DIRECT INC 231841 03/19/2018 lights 407 100-33-5370 147.60 Vendor WHOLESALE DIRECT INC Total: 147.60 Vendor: ZERO WASTE USA ZERO WASTE USA 189802 03/19/2018 dog waste bag 100-45-6110 756.90 Vendor ZERO WASTE USA Total: 756.90 Grand Total: 83,108.44 3/14/2018 11;31:27 AM Expense Approval Register Packet: APPKT01098 - 3-1948 RE CT INVOICE Fund Summary Fund 100-GENERAL FUND 510- WATER/SEWER FUND 590 - MARINA OPERATIONS FUND 620-INFORMATION TECHNOLOGY FUND 3/14/2018 11:31:27 AM Grand Total: Expense Amount 53,742,71 27,486,65 104.39 1,774.69 83,108A4 Committee of the Whole Page 6 January 29, 2018 General Fund projects will be noted. Motion by Alderwoman Condon, second by Alderman Curry to adjourn the meeting. Voting Aye: Condon, Curry, Santi, Devine, GlCI Mihevc, Schaefer. Voting Nay: None Absent: None. Motion Carried. The meeting adjourned at 9:40 PM. Mayor Deputy City Clerk Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FOR: March 19, 2018 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Annexation of Property located at 2907 W Illinois Route 120 ATT: 1. Location Map 2. Ordinance annexing property located at 2907 W Illinois Route 120 3. Application Packet AGENDA ITEM SUMMARY: The owner of the property located at 2907 W Illinois Route 120 is requesting annexation to the City of McHenry and would like to connect to the City's sewer system. BACKGROUND: The property located at 2907 W Illinois Route 120 is currently unincorporated, and the owner would like to connect to the City's sewer system. Currently it's not feasible to connect to the City's water system due to the distance from the subject property. The subject property is contiguous to the City to the east, north and west. It has been the policy of the City Council to require annexation to the City to connect to the City's water and/or sanitary sewer system. ANALYSIS: Pursuant to Article III of the City's zoning ordinance, upon annexation to the City of McHenry, the subject property will be automatically classified to RS4, High Density Single -Family Residential due to its size, approximately 6,098 square feet. RECOMMENDATION: Therefore, if the City Council concurs, it is recommended that a motion be made to approve the attached ordinance annexing the property at 2907 W Illinois Route 120. (Mayor and City Council vote -simple majority required). Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us LOCATION MAP: 2907 W Illinois Route 120 _•. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. 18- AN ORDINANCE ANNEXING PROPERTY COMMONLY KNOWN AS 2907 W ILLINOIS ROUTE 120 IN MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a written petition has been filed with the City Clerk requesting annexation of said real estate to the City legally described on "Exhibit A", attached hereto and incorporated herein, the "SUBJECT PROPERTY", along with a complete and accurate plat of said real estate incorporated herein and attached hereto on "Exhibit B", and which petition has been filed in accordance with 65 ILCS 5/74-8; and WHEREAS, said real estate is not located within any other municipality or subject to an annexation agreement with any other municipality, and said real estate is presently contiguous to and may be annexed to the City in accordance with 65 ILCS 5/7-14, et seq.; and WHEREAS, the City of McHenry does not provide library or fire protection services to said real estate, so notice to the Fire Protection District or Public Library District of the annexation of said real estate is not required; and WHEREAS, the City has determined that the annexation of said real estate is in the best interest of the City, will promote sound planning and growth of the City, and otherwise enhance and promote the general welfare of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY be and the same is hereby annexed to and made a part of the corporate limits of the City of McHenry, including any and all portions of adjacent street, roads or highways as provided by law. SECTION 2: Pursuant to Article II -General District Regulations, Section D of the City's Zoning Ordinance, immediately upon annexation, the Subject Property being approximately 6,098 square feet in size, is hereby classified RS4 -High Density Single -Family Residential District. 0 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 3: The City Clerk is hereby directed to cause a certified copy of this ordinance, together with said plat, to be recorded in the Office of the Recorder of Deeds of McHenry County, Illinois. Following the recordation of this ordinance and plat, a copy thereof shall be filed in the Office of the Clerk of McHenry County, Illinois. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2018 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF ATTEST: CITY CLERK 5 MAYOR 2018 LA NC�RT Or TNC PDX RIVCR 74 Department of Community & Economic Development McHenry Municipal Center EXHIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY L 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us HEART or TNC ►ox RIVED Department of Community & Economic Development McHenry Municipal Center EXHIBIT B PLAT OF ANNEXATION OF SUBJECT PROPERTY (ON FILE WITH THE OFFICE OF THE CITY CLERK) 7 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us PETITION FOR ANNEXATION The undersigned Petitioners, hereinafter collectively referred to as "PETITIONERS", hereby request to annex to the City of McHenry, McHenry county, Illinois, hereinafter referred to as "CITY the real estate legally described on "Exhibit A" attached hereto and made a part of this Petition by reference, hereinafter referred to as the "SUBJECT PROPERTY". The PETITIONERS represent and state under oath as follows: A. The PETITIONERS are the sole owners of record of the SUBJECT PROPERTY. B. There are no electors who reside upon the SUBJECT PROPERTY. C. The SUBJECT PROPERTY consists of one contiguous tract of land, all of which is not within the corporate boundaries of any municipality, and is presently contiguous to the corporate boundaries of the CITY. D. An accurate plat of the SUBJECT PROPERTY has been as presented as "Exhibit B" attached hereto and made a part of this petition by reference. E. This petition is filed pursuant to and in accordance with the provisions of Section 65 ILCS 5/7-1-1, et seq., of the Illinois Municipal Code, and the SUBJECT PROPERTY meets all statutory requirements for annexation to the CITY. 1 The PETITIONERS hereby respectfully request as follows: 1. That the CITY enact an ordinance annexing the SUBJECT PROPERTY, including all roads and highways within or adjoining the SUBJECT PROPERTY as required by law, pursuant to and in accordance with the provisions of Section 65 ILCS 5/7-1- 8 of the Illinois Municipal Code. 2. That this petition and subsequent annexation of the SUBJECT PROPERTY is contingent upon the PETITIONERS and the CITY entering. into a mutually acceptable annexation agreement providing for the rezoning and subdivision of the SUBJECT PROPERTY. The undersigned PETITIONERS, being first duly sworn, on oath depose and state that they have read the foregoing Petition for Annexation subscribed by them; that they know the contents thereof; and that the same are true and correct to the best of their knowledge and belief. PETITIONERS Subscribed and sworn to before me this / D Y�A e y Notary Public �� OFFICIAL SEAL �USAN FEFFERMAN Notary public - State of Illinois My Commission Expires Dec 29, 2017 2 McHenry Township Property Record Card Active PIN 09-36-102-003 Property Address: Property ass: Assessments 2907 NORTHSIDE AVE 0040 Residential Year Unimproved Improved Buildings Other Buildings Total Market Value Tax Code: 2016 31414 15,214 18,628 550884 MCHENRY, IL 60051 09001 Mailing Address: Neighborhood: 2015 3,179 145166 17,345 52,035 SAINSOT DIANE Subdivision: 2014 3,249 14,476 17,725 53,175 1050 DEVONSHIRE CT EDGEWATER 2013 3,362 14,979 18,341 55,023 HIGHLAND PARK, IL 60035 Lot Number: 2012 3,652 16,273 19,925 59,775 11 B7 Lot Type: EF1 by sf Legal Description Sae Information I Permit Information DOC 2011R0051728 LT 11 BLK 7 Date Owner Amount Sale Type Date umber Purpose Occ. Date 12/20/2011 SAINSOTDIANE $55,000 WARRANTY 07125/200311774 SIDING 01/20/2005 EDGEWATER SUB 01/01/1981 MUELLER, WALTER $9,000 CONT SCHVEIGLER, Building Information Plumbing Information Type of Use: Single Family 6 Fixture Bathrooms 0 Model Name: 1 STY FIRM 5 Fixture Bathrooms 0 4 Fixture Bathrooms 0 Classification: 1 STY FIRM 3 Fixture Bathrooms 0 mw Total Rooms: 0 2 Fixture Bathrooms 0 Bedrooms: 0 Single Fixture Bathrooms 5 Total Ground Sq, Ft.: 770 Other Fixtures 0 Total Building Sq, Ft.: 770 Heating/CoolingHeating/Cooling Information Year Built: 1928 Central A/C Heating Gas Exterior Wall Frame / Masonry. Fireplace 100 % Deck Porch Open / Enclosed Garage Frame 0 176 Attached Other Masonry 0 0 User Defined Building Characteristics Basement Description SF/Quantity Full Crawl Facing - Brick - C 600,00 Partial None Lower Level Date Printed: 01/00/2017 Square Feet 6,250.00 Width - 0.00 Depth 0.00 Acres 0,14 Mchenry Township Assessor Mary Mahady Name: Permit: LEGEND 2008 10-Ft Contour Lines 10-ft Contour Line ----• 10-ft Depression Contour Line 2008 2-Ft Contour Lines 2-ft Contour Line ---- 2-ft Depression Contour Line Hydrolic Structures FEMA Flood Hazard (Nov 16, 2006) 0.2%Annual Chance 1%Annual Chance jJ Floodway LOMR Crystal Lake Watershed Flood of Record NOTES V� maN uy. owoawuiun iuowcui° U b 'IU LU 3U Aerial Photo: 2014 '" 1 inch = 17 feet Feet Exhibit B Plat of Survey of the SUBJECT PROPERTY The plat is subject to the following requirements: 1. It must be prepared by a registered land surveyor and bear an original signature and seal. 2. It must be a high quality blue line, or be prepared on mylar or good quality vellum. 3. It must accutately depict the SUBJECT PROPERTY, and include all unincorporated highways within or adjacent to the SUBJECT PROPERT as part of the territory being annexed (where appropriate). LEGAL DESCRIPTION: LOT I I IN BLOCK 7 IN EDGEWATER SUBDIVISION, A SUBDIVISION OF PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 3G, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 28, 1920 AS DOCUMENT NO, 483345 IN BOOK 4 OF PLATS, PAGE 195 IN MCHENRY COUNTY, ILLINOIS. FND I /2" REBAR eeelllllllll, �, ��,•``���pL LAND ��''% `���5 ��,• .... ». `rip,, a AMELSE ; o j 35-2143 _ CARY r' 0 ILLINOIS .,�ql� •»».»..... •gyp \ , O F I Ll ``o\ . /1,iu111001 STATE OF ILLINOIS COUNTY OF MCHENRY -.-GRAVEL %- DRIVE ice. --•�O -� 6' -WOOD FENCE � LOT 10 S I HEREBY CERTIFY THAT THE ABOVE DESCRIBED PROPERTY HAS BEEN SURVEYED, UNDER MY SUPERVISION, ACCORDING TO THE OFFICIAL RECORD AND THAT THIS ABOVE PLAT CORRECTLY REPRESENTS SAID SURVEY. ALL DISTANCES ARE SHOWN IN FEET AND DECIMALS THEREOF. I FURTHER CERTIFY THAT UNLESS OTHERWISE SHOWN, THE BUILDINGS ON THE PARCEL ARE WITHIN PROPERTY LINES AND THE ADJOINING VISIBLE IMPROVEMENTS DO NOT ENCROACH ON THE ABOVE DESCRIBED PROPERTY. I FURTHER CERTIFY THAT THE PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOILS MINIMUM STANDARDS FORA BOUNDARY SURVEY. // • � Y LICENSE EXPIRES: 11-30-2012 C.T. AMELSE, ILLINOIS PROFESSIONAL LAND SURVEYOR NO, 35-2143 COMPARE THE DESCRIPTION OF THE PLAT WITH DEED. REFER TO TITLE POLICY FOR ITEMS OF RECORD NOT SHOWN ABOVE UNLESS OTHERWISE NOTED. NOTED UTILITIES WITHIN EASEMENTS ARE NOT SHOWN HEREON. UNDERGROUND UTILITIES INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES (IF ANY) HAVE NOT BEEN SHOWN HEREON. VOID WITHOUT RAISED SEAL OR RED STAMP. FENCE �LLI N p/S ROUTE � 20 �os LOT 12 s 6' WOOD FENCE FND I " IP 0 0' METAL Shi EDS 4' WIRE FENCE 60' LUCO CONSTRUCTION CO. PROFESSIONAL DESIGN FIRM NO. 184.004829 CLIENT NAME: 88 1 3 5. Route 31 CLARK Cary, IL GOO 13 847.G58.8537 CLIENT REFERENCE: V1LIELLER 847.458.0714 fax FIELD WORK SURVEY DRAWN BY: PROJECT NO. COMPLETED: COMPLETED: -29-1 1 1 1 _30_ 1 1 LAH 1 1- 2 8 5 16 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FOR: March 19, 2108 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Use Variance to allow a tattoo parlor at 3929 W Main Street ATT: 1. Location Map 2. Unapproved Planning and Zoning Commission minutes dated February 14, 2018 3. Ordinance approving a use variance to allow a tattoo parlor at 3929 W Main Street 4. Application Packet AGENDA SUPPLEMENT SUMMARY: The applicant is seeking a use variance to allow a tattoo parlor at 3929 W Elm with the following conditions: • The use variance shall expire and become null and void if the tattoo use ceases for a period of six consecutive months; • There shall be no coverings, other than the exception below, of any kind placed over, on and/or adhered to the windows unless approved by staff; • Any signage/window art shall be consistent with the applicant's proposed business name "Crimson Peak" and/or the artwork, consistent with that submitted as part of the applicant's public hearing application; • The applicant shall not conduct any tattooing without proof of current State of Illinois/McHenry County Health Department of Health Licensure for Tattooing. BACKGROUND: In 2013 an applicant was granted a temporary use permit by the City Council to conduct tattooing and body piercing at 3932 Main Street until December 31, 2013, and subsequently sought a use variance to allow the use permanently. A tattoo parlor and body piercing establishment is not currently a permitted or conditional use in any zoning district so a use variance is required. The 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us business closed and their use variance expired. A tattoo establishment was also approved in 2013 at 1210 N Green Street. ANALYSIS: The applicant for the property at 3929 Main Street is an artist and has included samples of his work. He will also sell paintings, prints and clothing. Main Street is an area of transition and is need of business. The following vacancies exist: the subject property (2-story mixed -use building), 3932 Main, 3925 Main, the unit directly to the east of 3929 Main and the landlords are struggling to rent these spaces out. The only way to improve the location and desirability of this area is to fill these spaces and generate more activity. Staff does not believe a tattoo parlor will have any adverse land use impacts on adjacent properties or require additional City services. A tattoo parlor meets all the criteria outlined in the use variance section of the zoning ordinance. The art studio component of the business does not require a use variance. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously (&0) recommended approval of a use variance to allow a tattoo parlor at 3929 W Main subject to the following conditions. • The use variance shall expire and become null and void if the tattoo use ceases for a period of six consecutive months; • There shall be no coverings, other than the exception below, of any kind placed over, on and/or adhered to the windows unless approved by staff; • Any signage/window art shall be consistent with the applicant's proposed business name "Crimson Peak" and/or the artwork, consistent with that submitted as part of the applicant's public hearing application; • The applicant shall not conduct any tattooing without proof of current State of Illinois/McHenry County Health Department of Health Licensure for Tattooing. The Commission finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. RECOMMENDATION: Therefore, if the City Council concurs with the Planning and Zoning Commission, it is recommended that a motion be made to approve the attached ordinance. WV M MC�RT OII C PDX RIVCR Location Map: 3929 W Main Street Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us I �w4 Department of Community & .i Economic Development vMcHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 McHenr Fax: (815) 363-2173 0 WY www.ci.mchenry.il.us Unapproved City of McHenry Planning and Zoning Commission Minutes February 14, 2018 Public Hearing: Derek Zeunert (Crimson Peak Tattoo) File No. Z-919 3929 Main Street Use Variance to Allow a Tattoo Parlor on the Subject Property. Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z-919, an application for a Use Variance to allow a tattoo parlor at 3929 Main Street as submitted by Derek Zeunert (Crimson Peak Tattoo), 2412 W Fairview Lane, McHenry, IL 60051. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on 01/25/18. Notices were mailed to all abutting property owners of record as required by ordinance. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance were Derek Zeunert and Sky Christensen, both of 2412 W Fairview Lane, McHenry, IL 60050 who were sworn in by Chairman Strach. Mr. Zeunert provided a summary of the request before the Commission at this Hearing stating he has lived in McHenry his whole life, wants to do what he does best and give McHenry a new business filling and remodeling an empty storefront. Director Martin provided the Commission with the Staff Report regarding this matter stating in 2013 Cl" applicant was granted a temporary use permit by the City Council to conduct tattooing and body piercing at 3932 Main Street until December 31, 2013, and subsequently sought a use variance to allow the use permanently. A tattoo parlor and body -piercing establishment is not currently a permitted or conditional use in any zoning district so a use variance is required. The business closed and their use variance expired. A tattoo establishment was also approved in 2013 at 1210 N. Green Street. The applicant for the property at 3929 Main Street is an artist and has included samples of his work. He will also sell paintings, prints and clothing. Main Street is an area of transition and is need of business. Director Martin stated the following vacancies exist and that this is not an exhaustive list: the subject property (2-story mixed -use building), 3932 Main, 3925 Main, the unit directly to the east of 3929 Main and the landlords are struggling to rent these spaces out. The only way to improve the location and desirability of this area is to fill these spaces and generate more activity. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 MCHentFax: (815) 363-2173 www.ci.mchenry.il.us Director Martin stated another tattoo establishment/art studio pursued the bung at 3940 Main Street however; the Use Variance was not approved by the City Council. Concerns expressed at the meeting included: covering windows and being aesthetically -pleasing; signage; preference to be out of the downtown area and number of tattoo parlors already in the City. This establishment was currently approved at 3405 W. Elm. Director Martin stated staff recommends approval of a use variance to allow a tattoo parlor on the subject property subject to the conditions presented and Staff finds all requirements in Table 32(A) of the zoning ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. Commissioner Thacker inquired whether the business would be open 7 days a week since they operate "by appointment only". Mr. Zeunert responded yes he expects to be open 5 days per week at least 11 a.m. — 6 p.m. There will be no street traffic. Tattoos are by appointment only but he will be open to the public. Commissioner Walsh inquired what the timeline might be to start remodeling. Mr. Zeunert responded he would get it moving as fast as possible. He has professionals available to start once he is approved, everything is in line, and he expects to be finished before two months. Commissioner Miller questioned why two workstations are shown on the plan when Mr. Zeunert is the only tattoo artist. Mr. Zuenert stated it is designed for future growth. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:43 p.m. Motion by Sobotta, seconded by Miller, to recommend to the City Council with regard to File No. Z-919, approval of a use variance to allow a tattoo parlor on the property located at 3929 Main Street as presented by applicant Derek Zeunert, with the following conditions: • The use variance shall expire and become null and void if the tattoo use ceases for a period of six consecutive months; • There shall be no coverings, other than the exception below, of any kind placed over, on and/or adhered to the windows unless approved by staff; 5 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Any signage/window art shall be consistent with the applicant's proposed business name "Crimson Peak" and/or the artwork, consistent with that submitted as part of the applicantIs public hearing application; • The applicant shall not conduct any tattooing without proof of current State of Illinois/McHenry County Health Department of Health Licensure for Tattooing. Be granted, and Staff finds all requirements in Table 32(A) of the zoning ordinance have been net. Voting Aye: Doherty, Miller, Sobotta, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Meyer. Motion carried &0. Chairman Strach closed the Public Hearing regarding File No. Z- 919 at 7:44 p.m. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. ORD-18- AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A TATTOO PARLOR AT 3929 W MAIN STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by Crimson Peak Tattoo, 2412 W Fairview Lane, McHenry, IL 60051 requesting a use variance to allow a tattoo parlor at 3929 W Main Street, on the SUBJECT PROPERTY, legally described on Exhibit A, attached hereto and incorporated herein; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on February 14, 2018 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission unanimously recommended approval of the use variance; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested use variance is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The SUBJECT PROPERTY is hereby granted a Use Variance to allow a tattoo parlor on the subject property subject to the following conditions: • The use variance shall expire and become null and void if the tattoo use ceases for a period of six consecutive months; • There shall be no coverings, other than the exception below, of any kind placed over, on and/or adhered to the windows unless approved by staff; 7 Department of Community & ^ Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Mc�-Ienr Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • Any signage/window art shall be consistent with the applicant's proposed business name "Crimson Peak" and/or the artwork, consistent with that submitted as part of the applicant's public hearing application; • The applicant shall not conduct any tattooing without proof of current State of Illinois/McHenry County Health Department of Health Licensure for Tattooing. SECTION 2: In granting said Use Variance, the City Council finds that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: 1) For reasons fully set forth in the written findings, the strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 2) The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. 3) Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. 4) The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 5) The granting of a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approvalI and publication in pamphlet form as provided by law. Passed and approved this th day of 0 2018 AYES: NAYS: ABSTAINED: ABSENT: ATTEST: CITY CLERK �7 MAYOR Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us A FA Huwr or Twa Fox wrvaw��9 Exhibit A Legal Description of Subject Property Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 10 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Surrounding Properties: Properties to south of 3929 Main Street Property to west of 3929 Main Street 11 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Surrounding Properties: lf. ,a Property to east of 3929 Main Street 12 12/5/2017 Crimson Peak Tattoo Business Proposal 3929 W. Main St. McHenry IL, 60050 My name is Derek Zeunert, and I have been in the tattoo industry for the past 7 years. was an apprentice for 2 years at a very well-known shop in Chicago, and have been tattooing professionally for 5 years following that. I have a vision that entails a studio that is up to date with all highest safety standards and health regulations, and a welcoming environment for people to receive quality tattoos in Mchenry. I have been working in Lake Villa for the past 2 years and I want to bring all this revenue to the town I grew up in, and to better this city's tattoo scene with one of the most upcoming industries in the world. My studio will be closed to the general public, and will be an appointment only shop. I will have retail items for sale, including paintings, prints, clothing, ect. Before I officially open, my plan is to essentially remodel the entire internal space. This includes laminate flooring, freshly painted walls, new ceiling tiles, a dividing wall (to separate the lobby from tattoo area), and two sinks (one for general use, one for employees). This space isn't in the best condition currently, however, when I am done remodeling it will not only have a much more modern feel, but will be completely sanitary and up to all health codes and standards. My goal is to give the citizens of McHenry the highest tier of body art in the area. Through my journey in the tattoo industry, I have received tattoos from some of the most well renowned artists in the world, and learned many valuable tools and safe practices along the way. I want to inspire people to get beautiful tattoos, rather than receiving mediocre work that they feel need to be removed or covered up. My work is something to be proud of, and I am confident in saying that my clients never leave disappointed. I put my heart and soul into every single piece I create. McHenry will benefit from Crimson Peak because_ my clients sometimes travel hours to get tattooed; and the way I see it, the more people that get to experience our wonderful town, the better! It would be ideal for not only people to support my small business, but maybe while they're in town they support other local small businesses, too. I would love nothing more than the opportunity to show everyone in this community what I am capable of, and I can't wait to build my name and grow as an artist. Thank you for your time and consideration. Attached are some examples of current works of art that I have done. Sincerely, Derek Zeunert �;; FOR=A, PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number 2 i I 333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 1. Name of Appl-i�ctant ' . l Address �Lv 4 lK v Ij City V V 1 G R YZL� State . L 2. Name of (If other Address City 3. Name of Engineer (If represented) Address City, 4. Name of Attorney (If represented) Address 5. C�omnmon Address or Location o{f�'Property 6. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) Conditional Use. Permit _ Zoning Variance _Other Zip ���51 State Zip Fax Zoning Variance —Minor _ Zoning Text Amendment Use Variance *Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. FORM A Page 1 of 3 7. Current Use of Property 8. Current Zoning Classification of Property, Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: �� South: East: `l West: 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. 1. Application Fee (amount) $ 9 5 o 7C 2. Narrative Description of Request �3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application 5. FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application Y7. FORM E — Use Variance Application i` 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit .Y Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice )' 12. Sign (Provided by the City, to be posted by the Applicant) X13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORMA Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner ff the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership ff the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recornrnendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicants) Print Name and Designation of Applicants) FORMA Page 3 of 3 FORM E Planning and Zoning Commission City of McHenry File Number I tI 333 South Green Street � McHenry, IL 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 Table 32(A) of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Flease respond to each of these conditions as it relates to your request. l . Practical Difficulties or Particular Hardship The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. Dt WV\n tjVVkf VAPL VAD Ia ��I 2. Reasonable Return d The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the Zoning Ordinance for the pertinent zoning district. 3. Unique Circumstance Special circumstances exist that are peculiar to the property for which the use variance is sought which do not apply generally to other properties in the same zoning district. FORM E Page 1 of 2 4. Not Alter Local Character The granting of the use variance will not alter the essential character of the locality nor substantially impair enviromnental quality, property values, or public safety or welfare in the vicinity. . 1,�� wi\ 5. Consistent with Comprehensive Plan The granting of the use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. FORM E Page 2 of 2 TK u P.O. Box 454 McHenry, IL 60050 December 12, 2017 City of ?�cNenry 333 S. Green St. McHenry, IL 60050 To Whom It May Concern: SUBJECT; 3929 W. Main Street, ?McHenry, IL 60050 �'AT?IAT`CF I, Stephen Poltera, owner of above re�.� gestate, am giviins; :permission to Dereck Zeunert to apply for a use variance for the cortme.rcial area of building fronting Main Street. Very truly yours, Stephen Poltera Property.Owner r Close fiv f3 x+hrd " hAl� wail E.�iG:6zGUN0 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FOR: March 19, 2018 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Conditional use permit to allow an open sales lot at 4719 W Elm Street ATT: 1. Location Map 2. Unapproved Planning and Zoning Commission Minutes dated February 14, 2018 3. Ordinance approving a conditional use permit to allow an open sales lot at 4719 West Elm Street 4. Photograph of Subject Property 5. Application Packet AGENDA ITEM SUMMARY: Council is being asked to consider a Conditional Use Permit to allow an open sales lot at 4719 W Elm Street, the southwest corner of Elm Street and Meadow Lane. BACKGROUND: The applicant is requesting a conditional use permit to allow a used car lot on the subject property. The property formerly had a building on it, which was razed in 2013. The applicant is proposing to utilize a modular building with plans to construct a permanent building within two years, pending approval. The property is a through lot - with an alley to the south, Elm Street to the north and Meadow Lane to the east- therefore the petitioner will be required to maintain a 30400t building setback from the alley, Meadow Lane and Elm Street. ANALYSIS: Attached is a drawing of the applicant's proposed open sales lot. Cars would be located on the majority of the lot, with customer and employee parking proposed at the southern end of the lot. The applicant will be required to install a 15400t residential screening strip to the south, Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us parking lot lighting Cl"d parking screening strip if customer parking abuts a public right-of-way. Additionally, mechanical equipment will need to be screened. Staff believes the use is appropriate at this location and will not adversely impact the surrounding neighborhood. The property is located within the West Route 120 Corridor Enhancement Initiative and it is vital to get businesses to locate at this end of town. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval (&0) of an application for a Conditional Use Permit to allow an open sales lot on the property located at 4719 Elm Street as presented by applicant Yousef Dabbagh, subject to the following conditions: • All requirements of the zoning ordinance (lighting, landscaping, setbacks, etc.) and building code are met, with respect to the modular building, prior to receipt of full Certificate of Occupancy for a temporary building; • Applicant must file building permit application for a new building and repave entire lot within two years of City Council approval, contemporaneously with the construction of the new building. The Commission finds the criteria in Table 31 of the zoning ordinance have been satisfied. Therefore, if the City Council concurs with the Planning and Zoning Commission it is recommended that a motion be made to approve the attached ordinance. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Subject Property: 4719 W Elm Street 3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Unapproved City of McHenry Planning and Zoning Commission Minutes February 14I 2018 Public Hearing: Yousef Dabbagh File No. Z-920 4719 W. Elm Street Conditional Use Permit to Allow an Open Sales Lot Chairman Strach called the Public Hearing to order at 7:45 p.m. regarding File No Z-920 an application for Conditional Use Permit to allow an open sales lot on the subject property as submitted by Yousef Dabbagh for the property located at 4719 W. Elm St, McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on 01/30/18. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance were Yousef Dabbagh and his wife, Hiba Dabbagh both of 2438 Fen View Circle, Island Lake, IL 60042 who were sworn in by Chairman Strach, Mr. Dabbagh provided a summary of the request before the Commission at this Hearing stating he was applying to open a used vehicle sales lot in the City of McHenry for specialty vehicles, hybrid and special service vehicles, further stating he has been in the business for 20 years. Mr. Dabbagh thinks this would be a good business for McHenry. Director Martin provided the Commission with the Staff Report regarding this matter stating the applicant is requesting a Conditional Use Permit to allow an open sales lot on the subject property. The property formerly had a building, which was razed in 2013. The applicant is proposing to utilize a modular building with plans to construct a permanent building within two years pending approval. The property is a through lot, with an alley to the south, Elm Street to the north and Meadow lane to the east therefore he will be required to maintain a 30400t building setback from the alley, Meadow Lane and Elm Street. Director Martin stated that it is Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us located on West Rt. 120 in the Corridor Enhancement Area, which focuses on redevelopment. Pictures of the modular building were presented. Drawings of the applicant's proposed open sales lot were presented. Cars would be located on the majority of the lot and customer and employee parking is proposed at the southern end of the lot. The applicant will be required to install a 15-foot residential screening strip to the south, parking lot lighting, and a parking screening strip if customer parking abuts a public right- of-way. Additionally, mechanical equipment will need to be screened. Director of Economic Development Martin stated staff recommends approval of a Conditional Use Permit to allow an open sales lot with conditions as presented and Staff finds all requirements in Table 31 of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Walsh inquired what Mr. Dabbagh's definition of special service vehicle was. Mr. Dabbagh stated they are previous police vehicles, which he purchases from the government - sedans and SUVs. Commissioner Walsh asked if he would need charging stations for green cars. Or. Dabbagh replied that the vehicles use gas. Commissioner Thacker asked if it is Mr. Dabbagh's intention to purchase the property. Mr. Dabbagh responded yes and stated that he would be utilizing a temporary modular building in the beginning. Mr. Dabbagh also stated he will work with the City's building department before constructing the temporary modular building and the permanent structure when they are built to be sure he complies with all building codes necessary. Commissioner Miller questioned the sketch of the parking lot. Mr. Dabbagh stated the black lines are for the 12-15 cars, which will be for sale, Cl"d the blue lines are for customer parking. Commissioner Miller asked if there was going to be any service to the cars at the location. Mr. Dabbagh said no but added that in the future he might open a small service department to be able to service the vehicles for sale. Commissioner Sobotta inquired about the signage. Mr. Dabbagh answered he will have a sign. Chairman Strach offered that there is a state code that Mr. Dabbagh will have to work with. Or. Dabbagh stated that he would work with the City and State on signage. Commissioner Doherty inquired about the surface and drainage. Mr. Dabbagh stated that he plans to resurface the lot and markings. Mr. Dabbagh stated the drainage had been done. Commissioner Walsh questioned if he was going to buy large vehicles from the government. 5 Mr. Dabbagh said no. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Commissioner Doherty asked if he would offer any other for sale. Mr. Dabbagh responded that he would not. Commissioner Miller inquired since Mr. Dabbagh has 20 years' experience if he had any other sales lots in operation now. Mr. Dabbagh responded he did not. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:56 p.m. Motion by Walsh, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-920, approval of an application for a Conditional Use Permit to allow an open sales lot on the property located at 4719 Elm Street as presented by applicant Yousef Dabbagh, subject to the following conditions: • All requirements of the zoning ordinance (lighting, landscaping, setbacks, etc.) and building code are met, with respect to the modular building, prior to receipt of full Certificate of Occupancy for a temporary building; • Applicant must file building permit application for a new building and repave entire lot within two years of City Council approval, contemporaneously with the construction of the new building. Be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Ave: Doherty, Miller, Sobotta, Strach, Thacker, and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Meyer. Motion carried 6-0. Chairman Strach closed the Public Hearing regarding File No. Z-920 at 7:58 p.m Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO 18- AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO AN OPEN SALES LOT FOR THE PROPERTY LOCATED AT 4719 W ELM STREET, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed by Yousef Dabbagh, 2438 Fen View Circle, Island Lake, IL 60042 ("Applicant and Contract Purchaser") with the City, Terry and Lancz Wilborn, P.O. Box 7246, Algonquin, IL 60102 ("Property Owners"), requesting a Conditional Use Permit to aHow an open sales lot on the property located at 4719 W Elm Street. The property is legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on February 14, 2018 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a conditional use permit to allow an open sales lot in accordance with the following conditions: • All requirements of the zoning ordinance (lighting, landscaping, setbacks, etc.) and building code are met, with respect to the modular building, prior to receipt of full Certificate of Occupancy for a temporary building, • Applicant must file building permit application for a new building and repave entire lot within two years of City Council approval, contemporaneously with the construction of the new building. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 2: In granting said Cononal Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2018 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF CITY CLERK Department of Community & Economic Development McHenry Municipal Center 2018 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property 10 MART OP TH6 FO% Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Pictures of Subject Property: 4719 W Elm Street Looking west from Subject Property Looking west from Subject Property 12 The Petitioners are proposing to operate a used auto dealership. The property is commonly known as 4719 W ELM ST, MCHENRY, IL 60050-40451 (PIN# 09-27-303-040) petitioner: Yousef Dabbagh (resides in Island Lake) We have over 20 years of experience in used auto remarketing, we will be successful because we will offer something different; a pleasant car buying experience. Our focus will be on hybrid vehicles, since these cars are popular among consumers, energy efficient and beneficial to the environment. We will be unique since there are a few dealerships in McHenry and vicinity that specializes in hybrid vehicles. Our location is excellent, we are conveniently located on high -traffic IL route 120 in McHenry, and buyers will come from in and out of town to buy these specific vehicles. We understand that there is a lot of competition in our industry. Our strength comes from our ties to wholesale buyers. Our goal is to provide the customer with an enjoyable, honest service. We wIII provide a unique car buying experience for customers in McHenry by providing inspected, top quality, used vehicles at a competitive price. We will make sure that our customers are completely satisfied. We will continually maintain a high quality and pre -inspected used vehicles inventory on site. We will establish a company web page that fihe customers can visit and view our current inventory and we will use local advertising newspapers and online classified Ads to reach our customers. Modular Sales Office will be a good choice for this startup business. The office facility will be permanently mounted on a fixed foundation. It will be an office trailer on the lot with tires removed and utilities attached. The anticipated use for the sale office will be about 2 years for this startup business, meanwhile we will work with building department to place a permeant structure. We will work with our building department and adhere fio all building code requirements to ensure the trailer is safely secured to the ground. The modular auto sales office will feature one or two private offices, one ADA accessible restroom, and a sales lobby. Outside skirting (foundation siding) will be installed so that the mobile office finishing will look good. FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number Z-920 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 1. Name of Applicant Yousef Dabba�h Tel 5773) 7153673 Address 2438 Fen View Circle, Island Lake IL 60042 Fax NA 2. Name of Property Owner _Terry and Lancz Wilborn Tel IiS -c 670 '5.5/C) (If other than Applicant) Address P O Box 7246 Algonquin IL 60102 Fax 3. Name of Engineer Tel (If represented) Address Fax 4. Name of Attorney Tel (If represented) Address Fax 5. Common Address or Location of Property 4719 West Elm Street (IL Route 120; 6. Requested Actions) (check all that apply) _Zoning Map Amendment (Rezoning) X Conditional Use Permit _Zoning Variance ,IL 60050 _Zoning Variance -Minor _Zoning Text Amendme nt _Other Provide a brief description of the Requested Action(s). For example, t11e operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: Conditional use to allow open Sale Lot FORMA Page 1 of 3 7. Current Use of Property Vacant Land 8. Current Zoning Classification of Property, Including Variances or Conditional Uses C-5 way Commercial District 9. Current Zoning Classification and Land Use of Adjoining Properties North: C-5 Pizza and Cleaner Strip center South: RS-2 Residential East: C-5 Gas Station West: __ C-5 Office Building 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Require/m� ents Checklist to determine the required attachments. �1. Application Fee (amount) $ _ C�2. Narrative Description of Request 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application _5. FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application T FORM E — Use Variance Application .,)L.8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit �9. Plat of Survey with Legal Description X 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice _X12. Sign (Provided by the City, to be posted by the Applicant) X13. Site Plan 14. Landscape Plan X 15. Architectural Rendering of Building Elevations - 7'AA1 LEoL 5PEIC S 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORMA Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnersh� If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. SignatureofApplicant(s) Print Name and Designation of Applicants) Jim FORMA Page 3 of 3 FORM C CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry File Number Z-920 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your re nest 1.Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. • . Vehicle sale use of will not have any adverse impact to the traffic than any other use typically found on C-5 Zoning. • The surrounding roadways have ample capacity to accommodate the proposed used car lot, since this operation will not have impact on traffic Safety, Volumes and Operations 2.Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. • The Proposed Dealership will be a GREEN dealer since will sell environmental friendly hybrid vehicles. • The projected dealership would not "result in any potentially significant impacts on noise, glare and dust. • There will be no blockage of light and air on the surroundings. • We will comply with all applicable city lighting ordinances, additionally we will use LED lighting with Auto Control. • Waste generated will be disposed properly using an approved recycling and waste disposal company. Nei ghborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. • The proposed use (car dealership) will be located on IL Route 120, where there are already a cluster of dealerships. • The proposed use (car dealership) will be in coherent with the current zoning regulations. • The proposed use will fit with the existing area character and surroundings, and will not have negative effects on the property values, or neighborhood. FORM C Page 1 of 2 .Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. The proposed dealership will continue use the existing public community facilities and services provided by the City of McHenry. 5.Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated neither with the use nor of the general public in the vicinity. • The proposed dealership will be respectful of nearby businesses and residential areas, and will place a high priority on customer, employee and community safety. • We will cooperate and work closely with municipal leaders to ensure public's health, safety and help prevent violence in the community. 6.Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. • The site has been vacant for too long and we are eager to redevelop it for automobile sales. • The petitioner plans to purchase the property (4719 W. Elm St) and move the business to City of McHenry. • City of McHenry will be the point of sale for the business. • The car dealership will specialize in Hybrid vehicles. FORM C Page 2 of 2 ('lease consider this lett� r to be a nonmbinding Letter of Intent slininjarizing Inc basic terms and conditiolis for (PIN 09-i7.303•Qd0) (�{enl �;�infc pnly} f3tiyer intel�ds to purchase tl�e above property in City of A/lci-lenry subject to City permitting aril approving the operation of a used car dealer business. I'urcliaser to be responsible for ally �,'ity pertt�iiting and zoning hearing fees. This intslnt to purchase is contil�geut that the City of McHenry will approve the use as a used car dealer. 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Specifications I I fl l 11-1-1�('I`>7-1.11111III1117►1ii►l�giilliil 12°x44'buildingsize, 12' x 48' with towing hitch (1) 12' x 12' private office I » (1) 12' x 32' main office » 8' ceiling height �aoA� Features » Central HVAC Coffee bar with sink & storage cabinet Upgraded siding with mansard roof Commercial grade carpeting Experienced � Local *Proven World -class service you can count on, with guaranteed on -time delivery, and competitive pricing from 80-plus locations across North America. Northwest Herald NORTHWEST HERALD Publication Name: Northwest Herald Publication URL: www.nwherald.com Publication City and State: Crystal Lake, IL Publication County: McHenry Notice Popular Keyword Category: Notice Keywords: 4719 Notice Authentication Number: 201801300625149505208 1136180017 Notice URL: f.3acic Notice Publish Date: Tuesday, January 30, 2018 Notice Content PUBLIC NOTICE PUBLIC HEARING NOTICE FILE Z-920 Notice is hereby given that the City of McHenry Planning and Zoning Commission will hold a Public Hearing at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, at 7:30 P.M, on February 14, 2018 to consider an application by Yousef Dabbagh, 2438 Fen View Cir, Island Lake, IL 60042 ("APPLICANT") and Terry & Lancz Wilborn, PO Box 7246, Algonquin, IL 60102 ("PROPERTY OWNER"), for the following request in accordance with the City of McHenry Zoning Ordinance: Conditional Use Permit to allow open sales lot and any other Variances required to effectuate the aforementioned request on the SUBJECT PROPERTY The property is located at 4719 Elm St (also known as Illinois Route 120), McHenry, IL 60050, consists of .30 acre more or less and is located south of Illinois Route 120 (also known as Elm St.) on the west side of Meadow Ln. and north of Bonner Dr. ("SUBJECT PROPERTY") PIN (Property Identification Number) of SUBJECT PROPERTY: 09-27-303-040 The SUBJECT PROPERTY is currently zoned C-5 Highway Commercial District A copy of the application is on file and may be examined during regular business hours in the City Clerk's Office, at the McHenry Municipal Center, 333 South Green Street, McHenry, Illinois 60050, (815) 363-2100. Published by order of the Planning and Zoning Commission, City of McHenry, McHenry County, Illinois. All interested parties will be given an opportunity to be heard. /s/ Shawn Strach Chairman, Planning and Zoning Commission (Published in the Northwest Herald January 30, 2018)1501480 Back ivimenr AGENDA SUPPLEMENT TO: Mayor and City Council FOR: March 19, 2018 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us RE: Conditional use permit to allow the outdoor storage of vehicles in conjunction with a towing business at 3014 W Illinois Route 120 ATT: 1. Location Map 2. Unapproved Planning and Zoning Commission Minutes dated February 14, 2018 3. Ordinance approving a conditional use permit to allow the outdoor storage of vehicles in conjunction with a towing business 4. Photographs of Subject Property 5. 0-96-762: An Ordinance Amending the Zoning Ordinance of the City of McHenry, Illinois by Granting Reclassification and Conditional Use Thereon 6. Application Packet AGENDA ITEM SUMMARY: Council is being asked to consider a Conditional Use Permit to allow the outdoor storage of vehicles in conjunction with a towing business at 3014 W Illinois Route 120. BACKGROUND: The subject property was previously approved for outside storage in 1996, ordinance attached, however the conditional use limited the storage of vehicles to the northeast corner of the building; maximum of two vehicles overnight and the duration of the conditional use permit was concurrent with the tenancy with Bull's Eye Windshield Repair. Additionally, in 2005, a conditional use permit was applied for and went to Planning to Zoning, however did not proceed to City Council for final consideration. ANALYSIS: In the City's Zoning Ordinance a conditional use permit is required in the C-5 zoning district for outside storage associated with any permitted or conditional use allowed in the district. As 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us previously stated the cononal use would be speccally for storage of vehicles, either f impounded or retrieved from an accident scene. The proposed location othstorage e outdoor is behind the building to the north and is not likely to visually detract from the surrounding area. The storage area abuts residential to the north and the VFW property. There is an existing fence, however it does need to be repaired and there is a gap in the fence on the north side which needs to the closed. The fence is cyclone and should be solid or opaque with slats or landscaping or a combination thereof. The building is in decent shape. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval of an application for Conditional Use Permit to allow the outdoor storage of vehicles in conjunction with a towing business on the property located at 3014 W Route 120 as presented by applicant Rick Miller, subject to the following conditions. 1. The property shall be cleared of any miscellaneous debris within 30 days of City Council approval and; 2. There shall be no storage of anything other than vehicles which are directly -tied to the business on the property and; 3. The outdoor storage area shall remain inaccessible to the general public and maintained so grass/weeds are not growing and vehicles stored in an orderly manner; 4. All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored inside only; 5. The fence shall be fitted with slats on all sides so the storage yard is not visible to the general public, within 30 days of City Council approval; 6. The fence shall be repaired, so it's completely erect and upright and completely enclosed so there are no gaps, within 30 days of City Council approval. The Commission finds the criteria in Table 31 of the zoning ordinance have been satisfied. RECOMMENDATION: Therefore, if the City Council concurs with the Planning and Zoning Commission, then it is recommended that a motion be made to approve the attached ordinance. 2 LT C Y�P r Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Subject Property: 3014 W Illinois Route 120 3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Unapproved City %0 McHenry Planning and Zoning Commission Minutes February 14, 2018 Public Hearing: Rick Miller (Phoenix Towing) File No. Z-921 3014 W Illinois Route 120 Conditional Use Permit to Allow the Outdoor Storage of Vehicles In Conjunction with a Towing Business Chairman Strach called the Public Hearing to order at 7:59 p.m. regarding File No Z-921 an application for a conditional use permit to allow the outdoor storage of vehicles in conjunction with a towing as submitted by Rick Miller for the property located at 3014 W Illinois Route 120. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on 01/30/18. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Rick Miller, 7603 S Oak Road, Wonder Lake, IL 60097 who was sworn in by Chairman Strach. Mr. Miller provided a summary of the request before the Commission at this Hearing stating he would like to expand his company from Wonder Lake and Woodstock to McHenry and needs the conditional use in order to be on contract with the Police Department. Director Martin provided the Commission with the Staff Report regarding this matter stating a preliminary walk through have been done for life safety requirements. The subject property was previously approved for outside storage in 1996. At that time an ordinance was presented, however the conditional use limited the storage of vehicles to the northeast corner of the building; maximum of two vehicles overnight and the duration of the conditional use permit was concurrent with the tenancy with Bull's Eye Windshield Repair. Additionally, in 2005, a 0 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us conditional use permit was applied for and went to Planning to Zoning, however did not proceed to City Council for final consideration. In the City's Zoning Ordinance, a conditional use permit is required in the C-5 zoning district for outside storage associated with any permitted or conditional use allowed in the district. Director Martin stated the conditional use would be specifically for storage of vehicles, either impounded or retrieved from an accident scene. The proposed location of the outdoor storage is behind the building to the north and is not likely to visually detract from the surrounding area. Director Martin stated that cars should not be seen from the street. The storage area abuts residential to the north and the VFW property. Director Martin further stated there is an existing fence, which needs to be repaired, and there is a gap in the fence on the north side, which needs to the closed. The fence is cyclone and should be solid, opaque, with slats, or landscaping or a combination; otherwise, the building is in decent shape. Director Martin stated staff recommends approval of a Conditional Use Permit to allow the outdoor storage of vehicles in conjunction with a towing business on the subject property subject to the conditions as presented and Staff finds all requirements in Table 31 of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Sobotta inquired about vehicle repairs. Mr. Miller stated there would be none. Commissioner Miller inquired how many vehicles would be housed at the property. Mr. Miller responded no more than 10. Commissioner Miller inquired if Mr. Miller had issue with fixing the fence. Mr. Miller stated no, and offered that he already purchased the materials. Commissioner Miller asked about other security in place and if he had dogs. Mr. Miller said the yard is locked and secured with cameras and there are no guard dogs on the property. Commissioner Thacker inquired about vehicle residency on the property. Mr. Miller responded vehicles typically are housed there for 48 hours. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Strach closed the public comment portion of the hearing at re Motion by Miller, seconded by Thacker, to recommend to the City Council with regard to File No. M21, approval of an application for Conditional Use Permit to allow the outdoor storage of vehicles in conjunction with a towing business on the property located at 3014 W Route 120 as presented by applicant Rick Miller, subject to the follovving conditions: • The property shall be cleared of any miscellaneous debris within 30 days of City Council approval and; • There shall be no storage of anything other than vehicles which are directly -tied to the business on the property and; • The outdoor storage area shall remain inaccessible to the general public and maintained so grass/weeds are not growing and vehicles stored in an orderly manner. • All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored inside only. • The fence shall be fitted with slats on all sides so the storage yard is not visible to the general public, within 30 days of City Council approval. • The fence shall be repaired, so it's completely erect and upright and completely enclosed so there are no gaps, within 30 days of City Council approval. Be granted, and that Table 31, of the Zoning Ordinance, has been met. Voting Aye: Doherty, Miller, Sobotta, Strach, Thacker and Walsh. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Meyer. Motion carried 6-0. Chairman Strach closed the Public Hearing regarding File No. Z-921 at 8:05 p.m. L Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO 18- AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE OF VEHICLES IN CONJUNCTION WITH A TOWING BUSINESS FOR THE PROPERTY LOCATED AT 3014 W ILLINOIS ROUTE 120, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed by Rick Miller, 7603 S Oak Road Wonder Lake, IL 60097 ("Applicant") with the City, Douglas and Peggy Hudson, 820 Belle Meade Island Drive, Miami, Florida 33138 ("Property Owners"), requesting a Conditional Use Permit to allow outdoor storage of vehicles in conjunction with a towing business on the property located at 3014 W Illinois Route 120. The property is legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on February 14, 2018 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a conditional use permit to allow outdoor storage of vehicles in conjunction with a towing business in accordance with the following conditions. • The property shall be cleared of any miscellaneous debris within 30 days of City Council approval and; • There shall be no storage of anything other than vehicles which are directly -tied to the business on the property and; 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us • The outdoor storage area shall remain inaccessible to the general public and maintained so grass/weeds are not growing and vehicles stored in an orderly manner. • All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored inside only. • The fence shall be fitted with slats on all sides so the storage yard is not visible to the general public, within 30 days of City Council approval. • The fence shall be repaired, so it's completely erect and upright and completely enclosed so there are no gaps, within 30 days of City Council approval. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS CITY CLERK DAY OF DAY OF MAYOR 2018 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property 10 11 rsm' oe r11a ra: op rZ ? .. 1 Il:w:. J9 ♦ iti S .r• w AND THE CITY OF MCHENRY ) ORDINANCE NO O - 9 6 - 7 6 2 REGARDING: 3014 W ROUTE 120 ) ZONING FILE r MCHENRY IL 60050 ) AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING. RECLASSIFICATION AND CONDITIONAL USE THEREON. Whereas, a written Petition signed by Fred O'Halleran and the City of McHenry has been filed with the City Clerk of the City of McHenry, Illinois requesting the following zoning change: 1. reclassification from E Estate Zoning District to CS Highway Commercial District: 2. conditional use permit to allow the following uses on the subject premises: a. Outside storage; b. Vehicle repair and service; under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property commonly known as 3014 West Route 120, McHenry Illinois, and legally described on Exhibit A attached hereto: and, Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on November N, 1995, at which time the Zoning Board of Appeals did take evidence and view exhibits presented thereat by the Petitioners; and, Whereas, based on evidence heard, the Zoning Board of Appeals found that there was no overriding reason for not granting the zoning reclassification and conditional use permit as requested; and, Whereas, the Zoning Board of Appeals found, and the City Council concurs in that finding, that it would serve the interests of the City if said reclassification and conditional use permit were granted for the subject property. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, Illinois, as follows: ection l : That the following amendments to the City of McHenry Zoning Ordinance are hereby granted on the property commonly known as 3014 West Route 120, McHenry Illinois b0050, and legally described in Exhibit A: A. reclassification from E Estate Zoning District to CS Highway Commercial District; B. conditional use permit to allow the following uses on the subject premises: 1. Outside storage; 2. Vehicle repair and service. Section 2: That the City Council finds that in granting the reclassification, the following criteria have been proved before this body: A. The proposed uses are compatible with existing uses or existing zoning of property in the environs. page 2 B. The trend of development in the general area since the original zoning of the affected property was established supports the proposed use or zoning classification. C. The proposed use or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. D. The proposed use or zoning classification promotes the public interest and not solely the interest of the applicant. Section 3: That the City Council finds in granting the conditional use permit, the following criteria have been proved before this body: A. Any adverse impact of types of volumes of traffic flow not otherwise typical in the zoning district has been minimized. B. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. C. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. D. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected or permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. E. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. F. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. ection 4: That the Conditional Use be granted subject to the following conditions: A. Outside storage of vehicles shall be restricted to the northeast corner behind the building on the subject premises; B. Overnight outside storage of vehicles shall he restricted to a maximum of two vehicles al any time on the subject premises; C. The duration of the conditional use permit shall be concurrent with the tenancy of Bull's eye Windshield Repair. Section 5: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are hereby repealed to the extent of such conflict. page 3 coon : This ordinance shall be published in pamphlet form by and under the authorityof the corporate authorities of the City of McHenry, Illinois. ' n 7: This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as provided by law. Passed this 31st day of January , 1996. AYES: NAYS: ABSTAINED: ABSENT: NOT V OTiNG: Bolger, Locke, Bates, Lawson, Baird None Non e None Approved this 31 s t day of MAYOR ATTEST: �xHtP5ct" A LEGAL DESCRIPTION (LD: c632): Lot 8 (except that part described as follows: Beginning at the Southwest corner of Lot 8 thence on an assumed bearing of North 14 degrees 09 minutes 07 seconds East along the West line thereof 15.33 feet to a point on a curve having a radius of 2,529.12 feet and being concentric with the centerline of Illinois Route 120, the center of circle of said curve bears South 12 degrees 57 minutes 19 seconds West from said point, thence Southeasterly 66.63 feet along said curve having a central angle of 1 degree 30 minutes 34 seconds to a point on the East line of Lot 8; thence South 14 degrees 09 minutes 07 seconds West along said East line 15.84 feet to the Southeast corner of Lot 8; thence North 75 degrees 50 minutes 53 seconds West along the South line of Lot 8 a distance of 66.62 feet to the point of beginning) in Conway's Subdivision, being a Subdivision of part of the Southwest Quarter of the Southwest Quarter of Section 25,.Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded August 16, 1923 as Document No. 60164, in Book 4 of Plats, page 99, in McHenry County, Illinois. PERMANENT INDEX NO(S): 09-25-353-017 STREET ADDRESS: 3014 Route 120 McHenry, IL 60050 FORM A PUBLIC IIEARING APPLICATION Planning and Zoning Commission City of McHenry File Number Z-921 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 1. Name of Applicant Rick Miller Tel 815-575-4277 Address 7C,(14 C Clap Rrl \A/nnrlar I akP II Rn(�97 Fax 2. Name of Property Owner Douglas and Peggy Hudson Tel 305-757-1877 (If other than Applicant) Address 820 Belle Meade Island Dr Miami FL 33138 Fax L� 4. 5 6. Name of Engineer (If represented) Address Name of Attorney (If represented) Address Common Address or Location of Property 3014 West Rt 120 McHenry IL 60051 Requested Actions) (check all that apply) Zoning Map Amendment (Rezoning) ✓ Conditional Use Permit Zoning Variance Zoning Variance -Minor Zoning Text Amendment Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is requested: I am requesting a Conditional Use Permit for the use of outside secured storage of vehicles towed in per the request of the City of McHenry Police Department FORM A Page I of 3 7. Current Use of Property Dispatch office and Inside Storing of vehicles 8. Current Zoning Classification of Property, Including Variances or Conditional Uses 0-96-762 01/31/96 CUP O/S storage veh repair and service C-5 Highway Commercial CUP Approval for O/S Storage May'05. Did not proceed to city council 9. Current Zoning Classification and Land Use of Adjoining Properties North: VFW (C-5) Residence (o/s city limits) South: Auto Dealer (C-5) East: Retail BLDG (C-5) West: Residential (C-5� 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. i� 1. Application Fee (amount) $ 950.00 X( 2. Narrative Description of Request X 3. FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application )5. FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application 7. FORM E — Use Variance Application X 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit X 9. Plat of Survey with Legal Description X 10. List of Owners of all Adjoining Properties _X Public Hearing Notice 12. Sign (Provided by the City, to be posted by the Applicant) ->(_13. Site Plan 14. Landscape Plan 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicants) Print Name and Designation of Applicants) Rick Miller President FORMA Page 3 of 3 FORM C File Number Z-921 CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. None 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. None. In Fact, we will spend approximately $7,000.00 making repairs and cleaning facility from its current condition 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. Correct. FORM C Page 1 of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. Correct 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. Correct. The property already has a secured fence with gate and lock around the perimeter. Since taking possession of the�orperty we have installed 24 hour security cameras alona with Chain Link Fence Weave. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. The property was last rented to another Towing Company who used it for the exact same operation. FORM C Page 2 of 2 To whom it may concern; I am applying for a conditional use permit for outside storage at 3014 W RT 1200 This is needed for my business, Phoenix 24/7 Towing Inc, to meet the requirements of the McHenry Police Departments towing rotation list. I want nothing more then to bring my business back where I have lived just about my whole life. Thank You, Ricic Miller v � cHen r AGENDA SUPPLEMENT TO: McHenry City Council FROM: Mayor Wayne Jett Jr. FOR: March 19, 2018 Regular City Council Meeting Wayne Jett, Jr., Mayor McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 wjett@ci.mchenry.il.us RE: Consideration of an ordinance amending the City of McHenry Liquor Ordinance and Gaming License Ordinance ATT: Ordinance authorizing amendments to the City of McHenry License Fees relative to Liquor and Gaming Ordinances AGENDA ITEM SUMMARY: The City Council is being asked to consider and take action to amend the City's annual license fees relating to its liquor and gaming ordinances. BACKGROUND: In the past, and more recently, business owners have approached the City staff mid -year to obtain liquor and gaming licenses, however, our annual fee ordinance does not permit proration of the fees, regardless if the application is 1 day into the year or 1 day away from the end of the year. I discussed the issue with the staff and this is a somewhat common occurrence. It seems business unfriendly and a disadvantage to both the owner and the City to permit the practice to continue. ANALYSIS: So, I am suggesting that Council consider adoption of the attached ordinance prorating the fee by 50% to those applications received after January 1 of any year. Businesses cannot control when they are going to open and often, it is closer to when the City's fiscal year ends rather than when it begins. Prorating the licenses is good for business and good for the City. Delaying the purchases until May 1, which the owner may decide to do to save money, does not help the owner or the City. Proration allows the business to open as soon as possible, it allows the City to receive the revenue immediately and it is a gesture of the City being more business -friendly. RECOMMENDATION: Therefore, if Council concurs, it is recommendation a motion be made adopting an Ordinance approving amendments to the City of McHenry Liquor Ordinance and Gaming License Ordinance as presented. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. ORDINANCE NO. MC-18- AN ORDINANCE AMENDING VARIOUS SECTIONS OF MUNICIPAL CODE CHAPTER 4, ALCOHOLIC BEVERAGES, AND CHAPTER 9 DEVICES, COIN -OPERATED WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois as follows: SECTION 1: Sec. 4-8 Disposition of Fees is hereby amended to change the title to read, "Apportionment and Disposition of Fees," and by adding the following sentence to the beginning of Section 4-8: "All license fees paid between January 1 and April 30 shall be reduced by 50%." SECTION 2: Sec. 9-10(C) Annual License Fee is hereby amended by adding the following sentence to the end of Sec. 9-10(C): "All license fees paid between January 1 and April 30 shall be reduced by 50%. SECTION 3: All ordinances or parts of ordinances in conflict with the terms and provisions herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the City of McHenry, McHenry County, Illinois. SECTION 5: Due to its importance and economic significance to the community, this Ordinance shall be in full force and effect immediately after its passage, approval, and publication, as provided by law. PASSED AND ADOPTED THIS 19"' DAY OF MARCH 2O18. Voting Aye: Voting Nay: Absent: Mayor Wayne Jett Jr. Deputy City Clerk v � r 44 .F ,l 10 WIN WIN