HomeMy WebLinkAboutPacket - 06/18/2018 - City Councilv �*
MCHenr
AGENDA
REGULAR CITY COUNCIL MEETING
City Council Chambers, 333 S Green Street
Monday, June 18, 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. Proclamation: Declaring the week of June 21st to 29th as City of McHenry Bicycle Week
6. Consent Agenda:
Motion to Approve the Following Consent Agenda Items:
A. Ordinance adopting Prevailing Wage Rates to be Paid to Laborers, Mechanic and other Workers
Performing Construction of Public Works in the City of McHenry, McHenry County, Illinois;
B. t�Awarding a bid to Maneval Construction Company, Inc. for the Timothy Lane and Clover Avenue Water
Main Replacement Project in the amount of $734,879.89;
C. Awarding a bid to Copenhaver Construction, Inc. for the Green Street Bridge Rehabilitation Project in the
amount of $373,358.50;
D. IV-4warding a Professional Services Contract with Bollinger Lach & Associates, Inc. for Construction
Engineering Services for the Green Street Bridge Rehabilitation Project in an amount not to exceed
$39,983.00;
E. L'Acceptance of a proposal from Xylem Water Solutions USA to replace the raw sewage pumps at the Willow
Avenue Sanitary Sewer Lift Station in an amount not to exceed $44,357.50;
F. Waive the bidding requirements for the purchase of a 2018 Transit Cargo Van from Buss Ford in an amount
not to exceed $29,500, and the purchase of a 2018 44 Super Cab with six (6)-foot bed and snowplow from
Sunnyside Company in an amount not to exceed $38,165;
G. Block Party Request - Temporary Closure of a portion of Shannon Drive and Limerick Lane on July 14th from
2:30-9:00 p.m.;
H. Special Event Liquor License request from Montini Catholic School, 1405 N. Richmond Road, for a
fundraiser on Saturday, September 15th from 4:00-11:00 p.m.;
I. Special Event Liquor License request from the McHenry Area Chamber of Commerce for the McHenry
Downtown Uncorked event on Saturday, September 15th from 1:00-4:00 p.m.;
J. May 7, 2018 Regular City Council meeting minutes
K. June 4, 2018 Regular City Council meeting minutes; and
L. As needed Checks in the amount of $605,375.57
M. Payment of Bills in the amount of $434,333.60.
The City of McHenry is dedicated to providing its citi; eir.c, businesses, and visitors with the highest quality of programs and .cervices ill a
custon►er-oriented, cffccient, and fiscally responsible manner.
M enr
7. Individual Action Items Agenda:
A. Motion to approve a transfer of a Class G1-3 issued to La Hacienda Restaurant, Inc., to El Gordo
Mexican Restaurant Inc. located at 929 N. Front Street.
B. Motion to approve a sign variance to White Oaks at McHenry located at 4605 West Crystal Lake
Road, to allow two feather banners 10in height and 31" wide, to be posted on the property for a
time period not to exceed December 31, 2019.
C. Motion to approve a sign variance request from Jexals Wings-Zeria for the property located at 1260
North Green Street to allow one additional wall sign, for a total of three wall signs, an additional 74.1
sq /ft of additional sign area not to exceed 165.6 sq/ft, and an additional 36 sq/ft of projecting sign
area.
D. Motion to approve a sign variance request from Speedway, LLC for the property located at 1304
South Route 31 for one additional wall sign, for a total of three wall signs with a total combined size
of 144 square feet; and, a 15' sign height variance, for a total freestanding sign height not to exceed
30'.
E. Motion to approve a Professional Services Agreement Contract Change Order to add Phase I
Engineering Services for the intersection street lighting to the Bull Valley Road Multi Use Project with
Hampton Lenzini and Renwick, Inc. in an amount not to exceed $10,556.00.
8. Staff Reports.
9. Mayor and City Council Comments.
10. Executive Session.
A. Motion to enter into Executive Session for the purpose of:
5 ILCS 120/2 (c) (21) for the semi-annual review of Executive Session minutes
5 ILCS 120/2 (c) (11) to discuss probable litigation
11. Individual Action Items Agenda Continued:
A. Anticipated motion to pass a Resolution authorizing the approval and/or release of McHenry City
Council Executive Session minutes and destruction of any Executive Session meeting recordings
that exist more than 18 month after the date the meeting was recorded, 511CS 120/2 (c)(21).
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. I
The City gf'MeHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality ofprograms and services in a
ct[stomer-oriented, efficient, und_fiscully responsible manner.
AGENDA
REGULAR CITY COUNCIL MEETING
City Council Chambers, 333 S Green Street
Monday, June 18, 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.
S. Proclamation: Declaring the week of June 21st to 29th as City of McHenry Bicycle Week
6. Consent Agenda:
Motion to Approve the Following Consent Agenda Items:
A. Ordinance adopting Prevailing Wage Rates to be Paid to Laborers, Mechanic and other Workers
Performing Construction of Public Works in the City of McHenry, McHenry County, Illinois;
B. Awarding a bid to Maneval Construction Company, Inc. for the Timothy Lane and Clover Avenue Water
Main Replacement Project in the amount of $734,879.89;
C. Awarding a bid to Copenhaver Construction, Inc. for the Green Street Bridge Rehabilitation Project in the
amount of $373,358.50;
D. Awarding a Professional Services Contract with Bollinger Lach & Associates, Inc. for Construction
Engineering Services for the Green Street Bridge Rehabilitation Project in an amount not to exceed
$39,983.00;
E. Acceptance of a proposal from Xylem Water Solutions USA to replace the raw sewage pumps at the Willow
Avenue Sanitary Sewer Lift Station in an amount not to exceed $44,357.50;
F. LWaive the bidding requirements for the purchase of a 2018 Transit Cargo Van from Buss Ford in an amount
not to exceed $29,500, and the purchase of a 2018 4x4 Super Cab with -six (6)-foot bed and snowplow from
SuDnyside Company in an amount not to exceed $38,165;
G.LAlock Party Request - Temporary Closure of a portion of Shannon Drive and Limerick Lane on July 14th from
2:30-9:00 p.m.;
H. Special Event Liquor License request from Montini Catholic School, 1405 N. Richmond Road, for a
fundraiser on Saturday, September 15th from 4:00-11:00 p.m.;
I. Special Event Liquor License request from the McHenry Area Chamber of Commerce for the McHenry
Downtown Uncorked event on Saturday, September 15th from 1:00-4:00 p.m.;
J. May 7, 2018 Regular City Council meeting minutes
K. June 4, 2018 Regular City Council meeting minutes; and
L. As needed Checks in the amount of $605,375.57
M. Payment of Bills in the amount of $434,333.60.
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.
7. Individual Action Items Agenda:
A. Motion to approve a transfer of a Class G1-3 issued to La Hacienda Restaurant, Inc., to El Gordo
Mexican Restaurant Inc. located at 929 N. Front Street.
B. Motion to approve a sign variance to White Oaks at McHenry located at 4605 West Crystal Lake
Road, to allow two feather banners 10"in height and 31" wide, to be posted on the property for a
time period not to exceed December 31, 2019.
C. Motion to approve a sign variance request from Jexals Wings-Zeria for the property located at 1260
North Green Street to allow one additional wall sign, for a total of three wall signs, an additional 74.1
sq /ft of additional sign area not to exceed 165.6 sq/ft, and an additional 36 sq/ft of projecting sign
area.
D. Motion to approve a sign variance request from Speedway, LLC for the property located at 1304
South Route 31 for one additional wall sign, for a total of three wall signs with a total combined size
of 144 square feet; and, a 15' sign height variance, for a total freestanding sign height not to exceed
30'.
E. Motion to approve a Professional Services Agreement Contract Change Order to add Phase I
Engineering Services for the intersection street lighting to the Bull Valley Road Multi Use Project with
Hampton Lenzini and Renwick, Inc. in an amount not to exceed $10,556.00.
8. Staff Reports.
9. Mayor and City Council Comments.
10. Executive Session.
A. Motion to enter into Executive Session for the purpose of:
5 ILCS 120/2 (c) (21) for the semi-annual review of Executive Session minutes
5 ILCS 120/2 (c) (11) to discuss probable litigation
11. Individual Action Items Agenda Continued:
A. Anticipated motion to pass a Resolution authorizing the approval and/or release of McHenry City
Council Executive Session minutes and destruction of any Executive Session meeting recordings
that exist more than 18 month after the date the meeting was recorded, 511CS 120/2 (c)(21).
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.
City of McHenry
333 Green Street
McHenry, Illinois 60050
www.ci.mchenry.il.us
PROCLAMATION
DATE: June 18, 2018
FROM: Doug Martin, Director of Economic Development
RE: Bike Week June 21-June 29, 2018
ATT: Proclamation Bike Week June 21-June 29, 2018
June 21-June 29, 2018 is Bike Week in Illinois and the City of McHenry is joining several other
municipalities in McHenry County to recognize Bike Week by promoting Active Communities and
inviting participation in two bike events with the Mayor (sponsored by the two bike shops in
McHenry). Attached is a proclamation entitled Bike Week —June 21-29, 2018.
PROCLAMATION DECLARING JUNE 21 TO JUNE 29, 2018, AS
CITY OF MCHENRY BICYCLE WEEK
WHEREAS, the bicycle is an environmentally -sound, economical, and effective
means of personal transportation, recreation, and exercise; and
WHEREAS, use of the bicycle for personal transportation benefits residents of
the City of McHenry by reducing traffic, reducing carbon emissions, improving air
quality, and decreasing dependence on finite fossil fuel energy sources; and
WHEREAS, use of the bicycle for recreation encourages families and friends to
spend time together outdoors enjoying City of McHenry parks, McHenry County
Conservation District properties, trails, and quiet residential neighborhoods; and
WHEREAS, use of the bicycle for exercise provides adults and children with
positive health benefits including decreasing body fat levels, increasing cardiovascular
fitness, increasing muscle strength, and decreasing stress levels; and
WHEREAS, the City of McHenry, Illinois endeavors to promote safe and
responsible bicycling, inviting all residents and city employees to participate in The Bike
Havens Sunday Morning Monthly Group Ride with the Mayor on June 24, 2018
beginning at 8 am. utilizing safe city streets and the Prairie Trail, AND Epic Cycle's
Family Bike With the Mayor Event Ride to Veterans Park on Thursday June 28, 2018 at
5:30 p.m. beginning at Peterson Park; and
WHEREAS, there is a need for all motor vehicle drivers and bicyclists to be
better educated regarding traffic laws and bicycle safety.
NOW, THEREFORE BE IT PROCLAIMED, by this City of McHenry, Illinois that
the week of June 21 to June 29, 2018, is hereby designated City of McHenry Bicycle
Week and all residents are encouraged to enjoy riding a bicycle in a safe and
responsible manner and;
BE IT FURTHER PROCLAIMED, that all motor vehicle drivers and bicyclists are
encouraged to participate in the Illinois Bicycle Safety Quiz Challenge available at
www.bikesafetyguiz.com.; and
BE IT FURTHER PROCLAIMED, that the City of McHenry is hereby authorized
to spread a copy of this proclamation upon the records of the City of McHenry.
DATED at the McHenry, Illinois, this 18th day of June, A.D., 2018.
ATTEST: Wayne S. Jett, Mayor
Deborah Meadows, Deputy Clerk
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: June 18, 2018
TO: Mayor and City Council
FROM: Derik Morefield, City Administrator
RE: Adoption of the 2018 Prevailing Wage Ordinance
ATT: Prevailing Wage Ordinance
Prevailing Wage Rates
AGENDA ITEM SUMMARY:
The purpose of this agenda item is for the consideration and adoption of the 2018 Prevailing
Wage Ordinance as required by the Prevailing Wage Act. As a reminder, in 2017 Staff
researched the possibility of undertaking an analysis to identify more specific prevailing wage
rates for the municipality. It was identified that: 1) the results of such a study would most likely
not have legal basis if challenged; and, 2) the results of such a study would most likely not
produce significantly different results than those provided by the Illinois Department of Labor
specific to McHenry County (attached).
BACKGROUND:
The Prevailing Wage Act governs the wages that a contractor or subcontractor is required to
pay to all laborers, workers and mechanics who perform work on public works projects. The Act
also sets forth the recordkeeping requirements for a contractor or subcontractor and sets forth
the obligations of municipalities and other public bodies to establish the prevailing wage as well
as, to notify in writing all contractors and subcontractors regarding the Prevailing Wage Act
when bidding and awarding contracts, as well as on work orders.
Pursuant to Illinois statute, annually in June an ordinance establishing the prevailing wage
within McHenry County for letting public works projects is presented to the City Council for
adoption.
The C'it►' of Mellemy is dedicated to providing its citizens, businesses. and visitors with the highest yualitp of'program.s and
services in a customer -oriented, efficient, and fiscaky responsible manner.
Derik Morefield, City Administrator
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2100
fc,Nenr r Fax: (815) 363-2119
dmorefield@ci.mchenry.il.us
RECOMMENDATION:
Based on the information identified above, it is recommended that a motion be made to
authorize the adoption of the attached Ordinance Ascertaining Prevailing Wages in the City of
McHenry to ensure compliance with the Illinois Prevailing Wage Act (820 ILCS 130).
The deadline for filing the ordinance with the Illinois Department of Labor is July 15, 2018.
Following approval of the ordinance, the City Clerk's Office is required to publish a notice in the
local newspaper identifying adoption of said ordinance. Subsequently, certified copies of the
ordinance and proof of publication are filed with the Illinois Department of Labor.
The Citi' gl'McHemy is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and
services in a customer -oriented, cfJicienf, and fi,scallr responsible manner.
ORDINANCE NO. ORD-18-
A SCER TAINING PREVAILING WAGES IN THE CITY OF McHENRY
WHEREAS, the State of Illinois has enacted "An Act regulating wages of laborers,
mechanics and other workmen employed in any public works by the State, county, city, or any
other public body or any political subdivision or by anyone under contract for public works,"
approved June 26, 1941, as amended, 820 ILCS 130/1 et seq (1993), formerly IL Revised
Statutes, Ch. 48, par. 39s-1 et seq; and
WHEREAS, the aforesaid act requires that the Mayor of the City of McHenry, in the
County of McHenry, investigate and ascertain the prevailing rate of wages as defined in said Act
for laborers, mechanics and other workmen in the locality of said County of McHenry employed
performing construction of public works, for said City of McHenry.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS, as follows:
SECTION 1. To the extent and as required by "An Act regulating wages of laborers,
mechanics and other workers employed in any public works by the State, County, City or any
public body or any political subdivision or by anyone under contract for public works" approved
June 26, 1941, as amended, the general prevailing rate of wages in this locality for laborers,
mechanics and other workers engaged in the construction of public works coming under the
jurisdiction of the City of McHenry is hereby ascertained to be the same as the prevailing rate of
wages for construction work in McHenry County as determined by the Department of Labor of
the State of Illinois as of September 2017, which determination can be found at
https://www2.illinois gov/idol/Laws-Rules/CONMED/Pages/Rates aspx and is incorporated
herein by reference as Exhibit A. The definition of any terms appearing in this Ordinance which
area also used in the aforesaid Act shall be the same as in said Act.
SECTION 2. Nothing herein contained shall be construed to apply said prevailing rate
of wages as herein ascertained to any work or employment except public works construction of
the City of McHenry to the extent required by the aforesaid Act.
SECTION 3. The City Clerk shall publicly post or keep available for inspection by an
interested party in the main office of the City of McHenry this determination or any revisions of
such prevailing rate of wage. A copy of this determination or of the current revised
determination of prevailing rate of wages then in effect shall be attached to all contraction
specifications.
SECTION 4. The City Clerk shall mail a copy of this determination to any employer,
and to any association of employers and to any person or association of employees who have
filed, or file their names and addresses requesting copies of any determination stating the
particular rates and the particular class of workers whose wages will be affected by such rates.
SECTION 5. The City Clerk shall promptly file a certified copy of this Ordinance with
the Department of Labor of the State of Illinois pursuant to
SECTION 6. The City Clerk shall cause to be published in a newspaper of general
circulation within the area a notice that the determination is effective and that it was the
determination of this public body.
PASSED and APPROVED this 181h day of JUNE 2018.
AYES:
NAYS:
ABSTAINED:
ABSENT:
Mayor
ATTEST:
City Clerk
Prevailing Wage rates for
McHenry County
effective Sept. 1, 2017
Trade Title
Region
Type
Class Base
Fore-
M-F
OSA
OSH
H/W
Pension
Vacation
Training
Wage
man
OT
Wage
ASBESTOS ABT-GEN
ALL
ALL
41.20
42.20
1.5
1.5
2
13.77
13.20
0.00
0.50
ASBESTOS ABT-MEC
ALL
BLD
37.88
40.38
1.5
1.5
2
12.12
11.70
0.00
0.72
BOILERMAKER
ALL
BLD
48.49
52.86
2
2
2
6.97
19.61
0.00
0.90
BRICK MASON
ALL
BLD
45.38
49.92
1.5
1.5
2
10.45
16.68
0.00
0.90
CARPENTER
ALL
ALL
46.35
48.35
1.5
1.5
2
11.79
18.88
0.00
0.63
CEMENT MASON
ALL
ALL
44.84
46.84
2
1.5
2
10.00
21.01
0.00
0.50
CERAMIC TILE FNSHER
ALL
BLD
1.5
1.5
2
0.00
.
COMMUNICATION TECH
ALL
BLD
38.15
40.55
1.5
1.5
2
12.18
12.77
0.00
0.67
ELECTRIC PWR EQMT OP
ALL
ALL
37.89
51.48
1.5
1.5
2
5.00
11.75
0.00
0.38
ELECTRIC PWR EQMT OP
ALL
HWY
41.45
56.38
1.5
1.5
2
5.50
12.87
0.00
0.73
ELECTRIC PWR GRNDMAN
ALL
ALL
29.30
51.48
1.5
1.5
2
5.00
9.09
0.00
0.29
ELECTRIC PWR GRNDMAN
ALL
HWY
32.00
56.38
1.5
1.5
2
5.50
9.92
0.00
0.66
ELECTRIC PWR LINEMAN
ALL
ALL
45.36
51.48
1.5
1.5
2
5.00
14.06
0.00
0.45
ELECTRIC PWR LINEMAN
ALL
HWY
49.67
56.38
1.5
1.5
2
5.50
15.40
0.00
0.88
ELECTRIC PWR TRK DRV
ALL
ALL
30.34
51.48
1.5
1.5
2
5.00
9.40
0.00
0.30
ELECTRIC PWR TRK DRV
ALL
HWY
33.14
56.38
1.5
1.5
2
5.50
10.29
0.00
0.59
ELECTRICIAN
ALL
ALL
47.29
51.69
1.5
1.5
2
14.58
15.87
0.00
0.95
ELEVATOR CONSTRUCTOR
ALL
BLD
51.94
58.43
2
2
2
14.43
14.96
4.16
0.90
FENCE ERECTOR
E
ALL
39.58
41.58
1.5
1.5
2
13.40
13.90
0.00
0.40
FENCE ERECTOR
S
ALL
45.56
49.20
2
2
2
11.02
21.51
0.00
0.70
GLAZIER
ALL
BLD
42.45
43.95
1.5
1.5
2
14.04
20.14
0.00
0.94
HT/FROST INSULATOR
ALL
BLD
50.50
53.00
1.5
1.5
2
12.12
12.96
0.00
0.72
IRON WORKER
E
ALL
47.33
49.33
2
2
2
14.15
22.39
0.00
0.35
IRON WORKER
S
ALL
45.61
49.25
2
2
2
11.52
22.65
0.00
0.81
IRON WORKER
W
ALL
38.33
44.08
2
2
2
12.27
24.57
0.00
0.60
LABORER
LATHER
MACHINIST
MARBLE FINISHERS
MARBLE MASON
MATERIAL TESTER I
MATERIALS TESTER II
MILLWRIGHT
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
OPERATING ENGINEER
ORNAMNTL IRON
WORKER
ORNAMNTL IRON
WORKER
PAINTER
PAINTER SIGNS
PILEDRIVER
PIPEFITTER
PLASTERER
ALL
ALL
41.20
41.95
1.5
1.5
2
13.77
13.20
0.00
0.50
ALL
ALL
46.35
48.35
1.5
1.5
2
11.79
18.88
0.00
0.63
ALL
BLD
M
M
1.5
1.5
2
.
8.95
1.85
.
ALL
ALL
33.95
33.95
1.5
1.5
2
10.45
15.52
0.00
0.47
ALL
BLD
44.63
49.09
1.5
1.5
2
10.45
16.28
0.00
0.59
ALL
ALL
31.20
31.20
1.5
1.5
2
13.77
13.20
0.00
0.50
ALL
ALL
36.20
36.20
1.5
1.5
2
13.77
13.20
0.00
0.50
ALL
ALL
46.35
48.35
1.5
1.5
2
11.79
18.88
0.00
0.63
ALL
BLD
1
50.10
54.10
2
2
2
18.80
14.35
2.00
1.30
ALL
BLD
2
48.80
54.10
2
2
2
18.80
14.35
2.00
1.30
ALL
BLD
3
46.25
54.10
2
2
2
18.80
14.35
2.00
1.30
ALL
BLD
4
44.50
54.10
2
2
2
18.80
14.35
2.00
1.30
ALL
BLD
5
53.85
54.10
2
2
2
18.80
14.35
2.00
1.30
ALL
BLD
6
51.10
54.10
2
2
2
18.80
14.35
2.00
1.30
ALL
BLD
7
53.10
54.10
2
2
2
18.80
14.35
2.00
1.30
ALL
FLT
38.00
38.00
1.5
1.5
2
18.05
13.60
1.90
1.30
ALL
HWY
1
48.30
52.30
1.5
1.5
2
18.80
14.35
2.00
1.30
ALL
HWY
2
47.75
52.30
1.5
1.5
2
18.80
14.35
2.00
1.30
ALL
HWY
3
45.70
52.30
1.5
1.5
2
18.80
14.35
2.00
1.30
ALL
HWY
4
44.30
52.30
1.5
1.5
2
18.80
14.35
2.00
1.30
ALL
HWY
5
43.10
52.30
1.5
1.5
2
18.80
14.35
2.00
1.30
ALL
HWY
6
51.30
52.30
1.5
1.5
2
18.80
14.35
2.00
1.30
ALL
HWY
7
49.30
52.30
1.5
1.5
2
18.80
14.35
2.00
1.30
E
ALL
46.75
49.25
2
2
2
13.90
19.79
0.00
0.75
S
ALL
45.06
48.66
2
2
2
10.52
20.76
0.00
0.40
ALL
ALL
44.18
46.18
1.5
1.5
1.5
10.30
8.20
0.00
1.35
ALL
BLD
37.45
42.05
1.5
1.5
2
2.60
3.18
0.00
0.00
ALL
ALL
46.35
48.35
1.5
1.5
2
11.79
18.88
0.00
0.63
ALL
BLD
47.50
50.50
1.5
1.5
2
M
17.85
0.00
.
ALL
BLD
42.75
45.31
1.5
1.5
2
14.00
15.71
0.00
0.89
PLUMBER
ALL
BLD
49.25
52.20
1.5
1.5
2
14.34
13.35
0.00
1.28
ROOFER
ALL
BLD
42.30
45.30
1.5
1.5
2
9.08
12.14
0.00
0.58
SHEETMETAL WORKER
ALL
BLD
45.77
47.77
1.5
1.5
2
10.65
14.10
0.00
0.82
SIGN HANGER
ALL
BLD
26.07
27.57
1.5
1.5
2
3.80
3.55
0.00
0.00
SPRINKLER FITTER
ALL
BLD
47.20
49.20
1.5
1.5
2
12.25
11.55
0.00
0.55
STEEL ERECTOR
E
ALL
46.20
48.20
2
2
2
13.65
21.52
0.00
0.35
STEEL ERECTOR
S
ALL
45.56
49.20
2
2
2
11.02
21.51
0.00
0.70
STONE MASON
ALL
BLD
45.38
49.92
1.5
1.5
2
10.45
16.68
0.00
0.90
TERRAZZO FINISHER
ALL
BLD
40.54
40.54
1.5
1.5
2
10.65
12.76
0.00
0.73
TERRAZZO MASON
ALL
BLD
44.38
47.88
1.5
1.5
2
10.65
14.15
0.00
0.82
TILE MASON
ALL
BLD
1.5
1.5
2
0.00
.
TRAFFIC SAFETY WRKR
ALL
HWY
32.75
34.35
1.5
1.5
2
8.45
6.05
0.00
0.50
TRUCK DRIVER
ALL
ALL
1
37.05
37.60
1.5
1.5
2
9.00
7.50
0.00
0.15
TRUCK DRIVER
ALL
ALL
2
37.20
37.60
1.5
1.5
2
9.50
7.50
0.00
0.15
TRUCK DRIVER
ALL
ALL
3
37.40
37.60
1.5
1.5
2
9.50
7.50
0.00
0.15
TRUCK DRIVER
ALL
ALL
4
37.60
37.60
1.5
1.5
2
9.50
7.50
0.00
0.15
TUCKPOINTER
ALL
BLD
45.42
46.42
1.5
1.5
2
8.32
15.42
0.00
0.80
Legend
M-F OT Unless otherwise noted, OT pay is required for any hour greater than 8 worked each day, Mon through Fri. The number listed is the
multiple of the base wage.
OSA Overtime pay required for every hour worked on Saturdays
OSH Overtime pay required for every hour worked on Sundays and Holidays
H/W Health/Welfare benefit
Explanations MCHENRY COUNTY
FENCE ERECTOR (EAST) - That part of the county East and Northeast of a line following Route 31 North to Route 14, northwest to Route 47 north
to the Wisconsin State Line.
IRONWORKERS (EAST) - That part of the county East of Rts. 47 and 14.
IRONWORKERS (SOUTH) - That part of the county South of Route 14 and East of Route 47.
IRONWORKERS (WEST) - That part of the county West of Route 47.
The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial Day, Fourth
of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties. Generally, any of these holidays which
fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime
rate for holiday pay. Common practice in a given local may alter certain days of celebration. If in doubt, please check with IDOL.
EXPLANATION OF CLASSES
ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including mechanical systems
where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold and hazardous materials from
ductwork or pipes in a building when the building is to be demolished at the time or at some close future date.
ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical
systems are to remain.
CERAMIC TILE FINISHER
The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all
composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all
substitute materials, for tile made in the -like units; all mixtures in tile like form of cement, metals, and other materials that are for and intended
for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where tile is to form
a finished interior or exterior. The mixing of all setting mortars including but not limited to thin -set mortars, epoxies, wall mud, and any other
sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The
handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation,
installation, repair, or maintenance of the and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all
the work, particularly and especially after installation of said tile work. Application of any and all protective coverings to all types of the
installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite,
cardboard, and any new type of products that may be used to protect the installations, Blastrac equipment, and all floor scarifying equipment
used in preparing floors to receive tile. The clean up and removal of all waste and materials. All demolition of existing tile floors and walls to be
re -tiled.
COMMUNICATIONS TECHNICIAN
Construction, installation, maintenance and removal of telecommunication facilities (voice, sound, data and video), telephone, security systems,
fire alarm systems that are a component of a multiplex system and share a common cable, and data inside wire, interconnect, terminal
equipment, central offices, PABX and equipment, micro waves, V-SAT, bypass, CATV, WAN (wide area network), LAN (local area networks), and
ISDN (integrated system digital network), pulling of wire in raceways, but not the installation of raceways.
MARBLE FINISHER
Loading and unloading trucks, distribution of all materials (all stone, sand, etc.), stocking of floors with material, performing all rigging for heavy
work, the handling of all material that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching,
waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, holding water on diamond or Carborundum blade or saw
for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by
setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement
for the installation of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection
or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to
stone any foreign or domestic materials as are specified and used in building interiors and exteriors and customarily known as stone in the
trade), carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate tile and precast tile, steps, risers
treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and
exterior which are installed in a similar manner.
MATERIAL TESTER I: Hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt.
MATERIAL TESTER II: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete,
and concrete and asphalt batch plants; adjusting proportions of bituminous mixtures.
OPERATING ENGINEER - BUILDING
Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson Attachment; Batch Plant; Benoto (requires Two Engineers); Boiler
and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End -loader Machine; Compressor and Throttle Valve;
Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Conveyor (Truck Mounted); Concrete Paver Over 27E cu. ft; Concrete Paver
27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes,
Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Spider Crane; Crusher, Stone, etc.; Derricks, All; Derricks, Traveling; Formless Curb
and Gutter Machine; Grader, Elevating; Grouting Machines; Heavy Duty Self -Propelled Transporter or Prime Mover; Highlift Shovels or Front
Endloader 2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, One, Two and Three Drum; Hoists,
Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment); Locomotives, All; Motor Patrol;
Lubrication Technician; Manipulators; Pile Drivers and Skid Rig; Post Hole Digger; Pre -Stress Machine; Pump Cretes Dual Ram; Pump Cretes:
Squeeze Cretes-Screw Type Pumps; Gypsum Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip -Form
Paver; Straddle Buggies; Operation of Tie Back Machine; Tournapull; Tractor with Boom and Side Boom; Trenching Machines.
Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks; Highlift Shovels
or Front Endloaders under 2-1/4 yd.; Hoists, Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum;
Laser Screed; Rock Drill (Self -Propelled); Rock Drill (Truck Mounted); Rollers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller;
Winch Trucks with "A" Frame.
Class 3. Air Compressor; Combination Small Equipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators (remodeling or
renovation work); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Low Boys;
Pumps, Well Points; Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches.
Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift.
Class 5. Assistant Craft Foreman.
Class 6. Gradall.
Class 7. Mechanics; Welders.
OPERATING ENGINEERS - HIGHWAY CONSTRUCTION
Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar
type machines: ABG Paver; Backhoes with Caisson Attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix Plant;
Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck Mounted);
Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower Cranes of all
types: Creter Crane: Spider Crane; Crusher, Stone, etc.; Derricks, All; Derrick Boats; Derricks, Traveling; Dredges; Elevators, Outside type Rack &
Pinion and Similar Machines; Formless Curb and Gutter Machine; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form
Grader, Pull Grader, Subgrader; Guard Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Heavy Duty Self -Propelled Transporter
or Prime Mover; Hydraulic Backhoes; Backhoes with shear attachments up to 40' of boom reach; Lubrication Technician; Manipulators; Mucking
Machine; Pile Drivers and Skid Rig; Pre -Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted;
Rock/Track Tamper; Roto Mill Grinder, Slip -Form Paver; Snow Melters; Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic
Telescoping Form (Tunnel); Operation of Tieback Machine; Tractor Drawn Belt Loader; Tractor Drawn Belt Loader (with attached pusher - two
engineers); Tractor with Boom; Tractaire with Attachments; Traffic Barrier Transfer Machine; Trenching; Truck Mounted Concrete Pump with
Boom; Raised or Blind Hole Drills (Tunnel Shaft); Underground Boring and/or Mining Machines 5 ft. in diameter and over tunnel, etc;
Underground Boring and/or Mining Machines under 5 ft. in diameter; Wheel Excavator; Widener (APSCO).
Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front
Endloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with attachments); Compressor and Throttle Valve; Compressor, Common
Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft.;
Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars
(Haglund or Similar Type); Drills, All; Finishing Machine - Concrete; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging Machine;
Hydraulic Boom Trucks (All Attachments); Hydro -Blaster; Hydro Excavating (excluding hose work); Laser Screed; All Locomotives, Dinky; Off -Road
Hauling Units (including articulating) Non Self -Loading Ejection Dump; Pump Cretes: Squeeze Cretes - Screw Type Pumps, Gypsum Bulker and
Pump; Roller, Asphalt; Rotary Snow Plows; Rototiller, Seaman, etc., self-propelled; Self -Propelled Compactor; Spreader - Chip - Stone, etc.;
Scraper - Single/Twin Engine/Push and Pull; Scraper - Prime Mover in Tandem (Regardless of Size); Tractors pulling attachments, Sheeps Foot,
Disc, Compactor, etc.; Tug Boats.
Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over);
Conveyor, Portable; Farm -Type Tractors Used for Mowing, Seeding, etc.; Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All
Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Low Boys; Pipe Jacking Machines; Post -Hole Digger; Power Saw, Concrete Power Driven; Pug
Mills; Rollers, other than Asphalt; Seed and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats;
Tamper -Form -Motor Driven.
Class 4. Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic
Power Unit (Pile Driving, Extracting, or Drilling); Light Plants, All (1 through 5); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Pumps,
Well Points; Vacuum Trucks (excluding hose work); Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches.
Class 5. SkidSteer Loader (all); Brick Forklifts; Oilers.
Class 6. Field Mechanics and Field Welders
Class 7. Dowell Machine with Air Compressor; Gradall and machines of like nature.
OPERATING ENGINEERS - FLOATING
Diver. Diver Wet Tender, Diver Tender, ROV Pilot, ROV Tender
TRAFFIC SAFETY - work associated with barricades, horses and drums used to reduce lane usage on highway work, the installation and removal
of temporary lane markings, and the installation and removal of temporary road signs.
TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION
Class 1. Two or three Axle Trucks. A -frame Truck when used for transportation purposes; Air Compressors and Welding Machines, including
those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry-alls; Fork
Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man operation; Pavement Breakers; Pole Trailer, up to 40 feet;
Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man operation; Slurry Truck Conveyor Operation, 2 or 3 man;
Teamsters; Unskilled Dumpman; and Truck Drivers hauling warning lights, barricades, and portable toilets on the job site.
Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or
Turnatrailers when pulling other than self -loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yeards; Ready -
mix Plant Hopper Operator, and Winch Trucks, 2 Axles.
Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or
turnapulls when pulling other than self -loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks;
Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1-man operation; Pole Trailer, over 40 feet; Pole and Expandable
Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; Winch trucks, 3 axles or more; Mechanic --Truck Welder and Truck
Painter.
Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master Mechanic; Self -
loading equipment like P.B. and trucks with scoops on the front.
TERRAZZO FINISHER
The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing,
grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by hand or machine, and in
addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics.
Other Classifications of Work:
For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be
performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county
has such a classification and provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate
applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed
under this determination. If a project requires these, or any classification not listed, please contact IDOL at 217-782-1710 for wage rates or
clarifications.
LANDSCAPING
Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape
plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of
equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of
size of truck driven) is covered by the classifications of truck driver.
MATERIAL TESTER & MATERIAL TESTER/INSPECTOR I AND II
Notwithstanding the difference in the classification title, the classification entitled "Material Tester I" involves the same job duties as the
classification entitled "Material Tester/Inspector I". Likewise, the classification entitled "Material Tester II" involves the same job duties as the
classification entitled "Material Tester/Inspector II".
Department of Public Works
Jon M. Schmitt, Director
1415 Industrial Drive
McHenry, Illinois 60050
Phone: (815) 363-2186
fMe,, r , Fax: 363-2214
_� www.ci.mci.mchenry.il.us
CONSENT AGENDA SUPPLEMENT
DATE: June 18, 2018
TO: Mayor and City Council
FROM: Jon M. Schmitt, Director of Public Works
RE: Timothy Lane and Clover Avenue Water Main Replacement Bid Award
ATT: Bid Tabulation
AGENDA ITEM SUMMARY:
Staff requests City Council to consider awarding a bid to Maneval Construction Company, Inc. of
Ingleside, Illinois for the Timothy Lane and Clover Avenue Water Main Replacement Project.
BACKGROUND:
The existing 4" ductile iron water main on Timothy Lane and Clover Lane is in need of
replacement. Both locations have a long history of water main breaks due to the water main
deteriorating as a result of corrosion, age, settlement, etc. Additionally, the 4" diameter main is
no longer compliant with current standards for size and capacity. The scope of this project will
be to replace approximately 2,450 lineal feet of water main with an 8" diameter water main in
accordance with current City Ordinances. Fire hydrants, valve vaults, new service lines and b-
boxes will be installed per current standards. Other improvements will include incidental
roadway resurfacing and minor drainage improvements such as concrete gutter and driveway
culvert replacements.
The FY18/19 Capital Improvement Program includes $830,000 from the Water/Sewer Fund for
the water main replacement portion of the project and $345,000 from the General Fund Balance
for roadway only items which were included in the contract because this location was also
identified in the City's 5-year recommended resurfacing program. A total project budget amount
of $1,175,000
On June 1, 2018 six (6) bids were received for the Timothy Lane and Clover Avenue Water Main
Replacement Project.
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.
The bids ranged from $734,879.89 to $973.247.28 with Maneval Construction Company, Inc. of
Ingleside, Illinois being the apparent low bidder at $734,879.89. Importantly, this amount
includes both the water main replacement and resurfacing portions of the project in the following
amounts - $484,512.78 Water/Sewer Fund ($345,487.22 less than budgeted) and $250,367.12
General Fund Balance ($94,632.88 less than budgeted).
The Engineer's Estimate of Cost for this project was $1,021,163.33.
ANALYSIS:
Staff has analyzed and checked the bids for accuracy and recommends awarding the contract to
Maneval Construction Company, Inc. of Ingleside, Illinois. This is a unit price contract and the
final cost of construction will be based upon final measured and documented quantities.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended that a motion be made to award the bid to
Maneval Construction Company, Inc. of Ingleside, Illinois for the Timothy Lane and Clover
Avenue Water Main Replacement Project in the amount of $734,879.89 (actual amount may
vary based on quantities used).
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.
- I
-4-0-
Department of Public Works
Jon M. Schmitt, Director
1415 Industrial Drive
r
McHenry, Illinois 60050
'
Phone: (815) 363-2186
[cHenry
Fax: (815) 363-2214
www.ci.mchenry.il.us
CONSENT AGENDA SUPPLEMENT
DATE: June 18, 2018
TO: Mayor and City Council
FROM: Jon M. Schmitt, Director of Public Works
RE: Green Street Bridge Rehabilitation Bid Award
ATT: Bid Tabulation
AGENDA ITEM SUMMARY:
Staff requests City Council to consider awarding a bid to Copenhaver Construction, Inc. of
Gilberts, Illinois for the Green Street Bridge Rehabilitation Project.
BACKGROUND:
The Green Street Bridge, which was constructed in 1949, is in serviceable condition and will not
be in need of replacement for some time. However, the bridge has shown sufficient
deterioration, which indicates that minor rehabilitation will be required to maintain the bridge
until it can be federally eligible for replacement. This project will include the replacement of
concrete sidewalks, which will include the resetting of bridge railing and water main hangers,
both of which are cast into the sidewalks, which are being replaced. The concrete fascia showing
heavy deterioration will have minor structural repairs completed to replace all spalled and
missing concrete. Other minor work associated with this project includes rehabilitation of the
approach pavement, which has settled behind the abutments and a replacement of the asphalt
wearing surface. The FY18/19 Capital Improvement Program includes $451,500 from the General
Fund Balance and $48,500 from the Water/Sewer Fund for the relocation and rehanging of the
attached water main, for a total budgeted project cost estimate of $500,000.
On June 1, 2018 four (4) bids were received for the Green Street Bridge Rehabilitation Project.
All bids were provided by contractors meeting the prequalification requirement established by
the Illinois Department of Transportation (IDOT). The bids ranged from $373,358.50 to
$737,415.36 with Copenhaver Construction of Gilberts, Illinois being the apparent low bidder at
$373,358.50. The award amount is $126,641.50 under the budgeted amount and includes the
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.
following - $356.748.50 General Fund ($94,751.50 less than budgeted) and $16,610 Water/Sewer
Fund ($31,890 less than budgeted).
The Engineer's Estimate of Cost for this project was $490,363.00.
ANALYSIS:
Staff has analyzed and checked the bids for accuracy and recommends awarding the contract to
Copenhaver Construction, Inc. of Gilberts, Illinois. This is a unit price contract and the final cost
of construction will be based upon final measured and documented quantities.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended that a motion be made to award the bid to
Copenhaver Construction, Inc. of Gilberts, Illinois for the Green Street Bridge Rehabilitation
Project in the amount of $373,358.50 (actual amount may vary based on quantities used).
The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest
quality of programs and services in a customer -oriented, efficient and fiscally responsible manner.
888$rv8ffiffi�mffim$m8.mpffi5888889i88«�88�G«r8ffirv�ffie8m
MUNUSu8$$m"�a$5
R
°
ffi
x«
»»»w»»»»»»»NN»»
»»»»»»N»»»»««»»
»»»»N
»»»NN»»»»
»x»x»«»w»»»»»»»»
�8�
BSA
S
gggggggg
8883�888A$5�����SSg88888�888888��t8g8gS��8&
gg
gggg
gg
gg
gggggggggg
gggg
gggg
gg
gg
gg
gggg
9294FARM
9
!1a$=9
7
8Q8Qry8g8g585��y8y��888QQ8yMy8$488p8585��g8gi88585��8g8g8Q8qp8g585�88q88$85��{8{��585��88p8p8p8p55$�88gQ8Q
n 6maS
Si�nn&INOMffia'°x
XiS'ffir
S.3
n
�SnKa%R
9m399-1
7m6S325
H
8
x.mr
m9rv��arv«-.
UQm
2 �
-
Q8b
yooyb�
}yqo��
pypy
yyE
�yqoyS
8Es88rS
8.�88888m
8ypoyS���
82�{ee{��58y44yS���
8yooyS�b� 8yySaoob�
8pyoyE� 8$5pe5S��
84y4yO�8$yooySb�
8ypoyia��S
82�ypoy5��
8xxE$44 8�gxgxS
8yy2�po5��
8Sp%p%O
8}}bgo��
8�yyE�44��
8�4y4y6:
8Snygoy��
8s4y4yS�
85po5S�� 8�%%b�44
8�5po56��
8y44yb��� 8}}S�44��
88�8
ffi
9
m9
w8�5po52��5
R8rQuQuS
o8xxSBQQ
�8ypOyS��
�8yooyS�b�
a8�y44yS��
999
�Qr�r�grvrvxa�x
�rvry
rv8.
e���rvmr
Y
`=a�
'
�S8
ggg8gggggggggggggggml
9888888888858888B8888888888888888888
gggggggggggggggg
Una
m
4
o8xo8Qox«
ghex$$8i���g'ffi��8ffi�R
8.88�8888^8$SSSR88888��388888888888888.r888888
mpR�mMR��7�r&���<mr��������ea
8
$m
x��rvry
8._
mffi
mprvNa
3
»»ww»x.N»»»»««
»»
»»»«»»»»»««««»
»»»»»»
...«ww»»»
�5
�Q�
gggggggggggggggg
gggg
gggggg
gggggggggg
gggg
gg
gggg
<3
$
6888R88888$8.838888888888
°`
'am
z€
88888.8888888888.8.8888.88888.88888888.8888888888
R&
3C$�Am��mMOWn�����a8�s�mo��Si�B&8�8�8����
Q$
d
i
...
Nx
NNwwxx.
wN
..NNNx»xxwNxx»«Nnw»xxxnN
Nwxxx»x
«NN...
w w
w Nnw»wx»
Y
Obb
SQb
bbEEbbSbSSSb
S,SdSbSEbbbCbb,bS
b$Sj
S
�
nn'���g�o
-gg-
m'pg�g
Qb
meiQ�rq�lum
255
qc
k'i
ffitgim'���rvffi��8i°Qi8ffi6��'S
QSQ
QS
_
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: June 18, 2018
TO: Mayor and City Council
FROM: Jon M. Schmitt, Director of Public Works
RE: Green Street Bridge Rehabilitation
ATT: Professional Services Contract
Bollinger Lach & Associates, Inc. Proposal
AGENDA ITEM SUMMARY:
Staff requests City Council to consider awarding a Professional Services Contract for Construction
Engineering Services for the Green Street Bridge Rehabilitation Project to Bollinger Lach &
Associates, Inc.
BACKGROUND:
The FY18/19 Capital Improvement Program includes $451,500 from the General Fund Balance
for the Green Street Bridge Rehabilitation Project and $48,500 from the Water/Sewer Fund for
the relocation and rehanging of the attached water main.
At the July 17, 2017 City Council Meeting, City Council awarded an engineering design contract
to Bollinger Lach & Associates, Inc. to complete design engineering for the Green Street Bridge
Rehabilitation Project.
Design work was finalized in May of this year and the project was released for bid. Bids were
received on June 1, 2018 and are anticipated to be approved prior to the consideration of this
item at the June 18, 2018 City Council Meeting and the contract for construction is anticipated
to be executed by the end of June. Construction is anticipated to begin in July after Fiesta Days
with completion anticipated by October of 2018.
City staff solicited proposals for Construction Engineering Services for the Green Street Bridge
Rehabilitation Project from the City's pool of prequalified transportation firms. The Request For
Proposal (RFP) was distributed to all five (5) prequalified firms.
ANALYSIS:
Five (5) 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 Green Street Bridge
Rehabilitation Project from the following firms were opened on May 30, 2018:
• Baxter & Woodman, Inc.
o $62,084.00
• Bollinger Lach and Associates, Inc.
o $39,983.00
• Christopher B. Burke Engineering, Ltd.
o $67,846.52
• Hampton, Lenzini and Renwick, Inc.
o $57,954.00
• HR Green, Inc.
o $46,315.00
Proposals were 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 Bollinger Lach and Associates, Inc. in an amount not to
exceed $39,983.00.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended that a motion be made to approve the
attached Professional Services Contract for the Green Street Bridge Rehabilitation Project to
Bollinger Lach and Associates, Inc. in an amount not to exceed $39,983.00.
City of McHenry Professional Services Contract
Professional Services Contract
Between The City Of McHenry
And Bollinger Lach and
Associates, Inc.
For Professional Engineering
Services For Green Street Bridge
Rehabilitation Project
Revised 5/22/17
City of McHenry Professional Services Contract
Professional Services Contract
Between The City of McHenry
And Bollinger Lach and
Associates, Inc.
For Professional Engineering
Services For Green Street Bridge
Rehabilitation Project
TABLE OF CONTENTS
Page
ARTICLE1. 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.................................................................................... 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..........................................................................................................3
2.5 Deductions...............................................................................................................3
2.6 Use of Deducted Funds........................................................................................... 3
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.............................................................................................................4
3.4 Opinions of Probable Cost....................................................................................... 4
Revised 5/22/17
City of McHenry Professional Services Contract
3.5
City Responsibilities................................................................................................4
3.6
Time of the Essence................................................................................................. 5
3.7
Suspension of Services............................................................................................ 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..................................................................................................................
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.........................................................................................
8
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..............................................................................................
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...............................................................................
9
8.3
City Remedies..........................................................................................................
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..................................10
9.3
Permits and Licenses.............................................................................................10
9.4
Safety; Hazardous Materials..................................................................................10
9.5
Ownership of Data and Documents.......................................................................10
9.6
Notices...................................................................................................................10
Revised 5/22/17
City of McHenry
Professional Services Contract
9.7 No Waiver by City.................................................................................................11
9.8 No Third -Party Beneficiaries.................................................................................11
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..........................................................................................................11
Revised 5/22/17
City of McHenry Professional Services Contract
Professional Services Contract
Between The City of McHenry
And Bollinger Lach and
Associates, Inc.
For Professional Engineering
Services For Green Street Bridge
Rehabilitation Project
This contract (the "Contract") is dated as of June 181h, 2018 (the "Effective Date") and is by
and between the City of McHenry, an Illinois municipal corporation, (the "City") and Bollinger
Lach and Associates, Inc. (the "Consultant"). In consideration of the mutual covenants and
promises contained herein, the parties agree as follows:
ARTICLE 1. THE SERVICES
1.1 Intent. It is the intent of the parties that this Contract govern the relationship of the
parties.
12 Services. The Consultant will perform for the City the following services (the
"Services"):
Proposed Scope of Services is identified on Pages 2-6 of Bollinger
Lach and Associates, Inc. "Services" section included in attached
Proposal.
13 Project Time. The Services will be performed according to the following schedule
("Project Schedule"):
The Services will be completed on or before December 14, 2018 (the "Completion Date").
The Completion Date shall be effective for substantial completion all professional engineering
services.
1.4 Term; Extensions. This Contract commences on the Effective Date and terminates
on December 18, 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 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:
Proposed Pricing is identified on Pages 7-9 of Bollinger Lach and
Associates, 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.
22 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
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
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.
25 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.
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
511
City of McHenry Professional Services Contract
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.
35 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.
0 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.
(h) To provide approvals from all governmental authorities having jurisdiction over the
0
City of McHenry Professional Services Contract
Services when requested by the Consultant, except the extent such approvals are part of the Services.
(i) 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.
0) 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
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
-5-
City of McHenry Professional Services Contract
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 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 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,
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:
W
City of McHenry 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.
(i) 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.
6) 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
5.5 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 subj ect 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 them.
63 Withholding Pam. 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
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
-8-
City of McHenry Professional Services Contract
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.
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.
0
City of McHenry Professional Services Contract
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
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.
-10-
City of McHenry Professional Services Contract
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 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
-11-
City of McHenry
Professional Services Contract
or Section 33E-4 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:
Title:
BOLLINGER LACH AND ASSOCIATES, INC.
Name:
Title:
-12-
City of McHenry
Professional Services Contract
ATTACHMENT A
SERVICES CHANGE ORDER NO.
In accordance with Section 4.1 of the Contract dated
Consultant, the Parties agree to the following Services Change Order:
1. Change in Services:
2. Change in Project Schedule (attach schedule if appropriate):
20 between the City and the
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.
20
City Administrator Date
If compensation change greater than $10 000 then City Council approval and Mayor signature required.
, 20
Mayor Date
-1-