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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 $373,358.50 (actual amount may vary based on quantities used). 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Nx NNwwxx. wN ..NNNx»xxwNxx»«Nnw»xxxnN Nwxxx»x «NN... w w w Nnw»wx» Y Obb SQb bbEEbbSbSSSb S,SdSbSEbbbCbb,bS b$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-