Loading...
HomeMy WebLinkAboutPacket - 03/03/2014 - City CouncilAGENDA �� REGULAR CITY COUNCIL MEETING Monday, March 3, 2014, 7:30 PM 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Presentation of a Proclamation honoring the McHenry Garden Club 10" Anniversary 5. Public Input Session: 10 Minute Limitation 6. Consent Agenda: A. Authorization to advertise for bids for construction of Miller Point Pier for an anticipated project costs of $50,000 in Tax Increment Financing Funds; B. Approval of Park Facilities Special Use/Picnic Permits; C. Approval of January 20, 2014 City Council meeting minutes; D. Approval of February 17, 2014 City Council meeting minutes and E. Approval of List of Bills. 7. Consideration and adoption of a Resolution authorizing: execution of a Professional Service Agreement with FGM Architects for an amount not to exceed $359,000 for architectural services for the development of a Recreation Center; execution of a Professional Services Agreement with HR Green for an amount not to exceed $136,000 for engineering and project oversight services for the development of a Recreation Center; and, amendment to the FY 13/14 Budget item 400.00.8200 Recreation Center Construction Fund for total expenditures in the amount of $495,000 8. Consideration and adoption of a Resolution authorizing city staff to submit an application for a Park and Recreation Facility Construction Grant through the State of Illinois/Illinois Department of Natural Resources to request funding assistance for the City of McHenry Recreation Center in the amount of $2.5 million for construction, architectural, and engineering services 9. Consideration and Adoption of a Resolution authorizing: execution of a Professional Services Agreement with HR Green, Inc. for Facility Plan Amendment and NPDES Permitting in the amount of $61,270; Professional Services Agreement with HR Green, Inc. for Wastewater Treatment Facility Consolidation Final Design in the amount of $1,325,188; and amendment to the FY 13/14 Budget item 580.00.8500 Utility Improvements Fund for total expenditures in the amount of $1,386,458 10. Consideration and adoption of a Resolution in support of the Fox Waterway Agency 11. Mayor Statement and Reports 12. Committee Reports 13. Staff Reports 14. Future Agenda Items 13. Executive Session: Semi-annual review of Executive Session Minutes and destruction of tapes (5 ILCS 120/2(c)(21)) 14. Anticipated motion to a Resolution authorizing the destruction of executive session audio tapes of City Council meetings prior to August 2012 15. Adjournment Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone:(815)363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA DATE: March 3, 2014 TO: McHenry City Council FROM: Bill Hobson, Deputy City Administrator RE Construction of Miller Point Pier ATT: Bid Package Staff is seeking authorization to advertise for bids for the construction of a pier at. Miller Point. The pier shall consist of a 4x 70' main walkway, four 4' x 20' fingers (two on each side)and a 8" x 44" platform at the end of the main walkway. The end platform shall have two seating locations. Pedestrian bollard lights shall be installed at approximately six locations on the pier. A gateway type sign shall be installed at the water end of the main walkway. The pier surface will be constructed of Trex decking to match the existing Riverwalk boardwalk sections. The Tax Increment Financing Fund will be used to pay for the project. The fund currently has a negative fund balance and as such, money currently available in the General Fund will reimburse this TIF expenditure until the TIF fund generates a positive fund balance. The project is anticipated to cost approximately $50,000, If Council concurs, then it is recommended a motion is considered to approve the request to advertise for bids for the construction of the Miller Point Pier as presented. CITY OF McI ENRY 333SOUTH GREEN STREET MCHENRY, ILLINOIS 60050 MILLER POINT PIER MCHENRY RIVERWALK BID PACKAGE INVITATION FOR BIDDER'S PROPOSALS, GENERAL INSTRUCTIONS TO BIDDERS, SPECIAL INSTRUCTIONS TO BIDDERS, BIDDER'S PROPOSAL, BIDDER'S SWORN ACKNOWLEDGEMENT, BIDDER'S SWORN WORK HISTORY STATEMENT, FORM OF BID BOND, REQUEST FOR ADDITIONAL INFORMATION, BIDDER'S SWORN STATEMENT OF RESPONSIBILITY, AND ATTACHMENTS (CONTRACT DOCUMENTS ATTACHED) CITY OF MCHENRY CONTRACT FOR THE CONSTRUCTION OF Miller Point Pier BID PACKAGE TABLE OF CONTENTS 1. Invitation for Bidder's Proposals 2. General Instructions to Bidders 3. Special Instructions to Bidders 4. Bidder's Proposal 5. Bidder's Sworn Acknowledgment 6. Bidder's Sworn Work History Statement 7. Form of Bid Bond 8. Request for Additional Information 9. Bidder's Sworn Statement of Responsibility CONTRACT 1. Contract Agreement 2, Contractor's Certification 3. Schedule of Prices 4, General Conditions of Contract 5, Special Conditions of Contract 6. Contract Drawings 7. Specifications 8. Form of Performance Bond 9. Form of Labor and Material Payment Bond 10, Prevailing Wage Ordinance CITY OF MCHENRY CONTRACT FOR THE CONSTRUCTION OF McHenry Riverwalk—Miller Point INVITATION FOR BIDDER'S PROPOSALS OWNER:. City of McHenry 333 South Green Street McHenry, Illinois 60050 Invitation to Bid Notice to Bidders (1) Sealed bids, addressed to: City of McHenry 333 South Green Street McHenry, Illinois 60050 will be received until 11 a.m., local time, on Month 00, 2014, in the office of the City Clerk, City of McHenry, 333 S. Green Street, McHenry, IL 60050. All bids must be submitted in the enclosed pre -labeled envelope with the fluorescent green sticker clearly visible. The bidder's name and address must be clearly marked in the upper left hand corner of the envelope. After the official bid closing time, the bids will be publicly opened and read aloud. (2) The bids. to be opened at the above date and time will be for furnishing all labor, material and equipment and performing all work required for the construction of McHenry Riverwalk — Miller Point, as shown in the bid package prepared by HR Green, Inc, dated Month 00, 2014, completed on behalf of the City of McHenry, hereinafter called OWNER. (3) All proposals shall be accompanied by a cashier's certified check or bid bond upon a national or state bank or surety company in the amount 10% of the total amount for the base bid payable to the City of McHenry, as a guarantee that the bidder will enter into a contract and execute performance bond within fifteen (15) working days after notice of award and that his bid will not be withdrawn within forty-five (45) days after the date of opening of bids without the consent of the Owner and for future of bid bond. Bids without a bid bond will not be considered. -1- INVITATION (4) All bid securities will be returned to the respective bidders within thirty (30) days after bids are opened, except those which the Owner elects to hold until the successful bidder has executed the contract and furnished the required bonds. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. (5) The successful bidder must famish both a performance bond and a payment on upon approved standard form in the amount of 110% of the contract price from an approved surety company licensed by the State of Illinois, or acceptable, according to the latest list of companies holding certificates of authority from the Secretary of The Treasury of the United States, or other surety or sureties acceptable to the Owner. (6) The right is reserved, as the interest of the Owner may require to reject any and all bids, and to waive any informality in bids received. (7) Pre -qualified bidders and suppliers may obtain a PDF copy on CD of the bid package from the City of McHenry, 333 S. Green Street, McHenry, IL 60050 from 9 a.m. until 4:30 p.m. on Month 00, 2014 and then between the hours of 8:30 a.m. and 4:30 p.m. until Bid Opening for a cost of $25.00. CD must be paid for at the time of pickup (checks, money orders or cashier's checks payable to the City of McHenry). (8) Bidders should carefully examine the specifications, and other documents, visit the site of the work, and fully inform themselves as to all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in, or omission from the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should at once notify the Owner and obtain clarification prior to submitting any bid. (] 0) Addenda to the specifications and revised drawings issued to bidders prior to the receipt of bids shall be considered part of the contract documents. Bidders shall acknowledge receipt of addenda and revised drawings on the proposal form. (11) Attention of Bidders is particularly called to the requirements concerning the payment of not less than the prevailing wage and salary rates specified in the Contract Documents and the conditions of employment with respect to certain categories and classifications of employees. See SPECIFICATIONS AND SPECIAL PROVISIONS The rates of pay set forth under SPECIFICATIONS AND SPECIAL PROVISIONS, are the minimums to be paid during the life of the Contract. It is therefore the responsibility of Bidders to inform themselves as to local labor conditions, such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective -2- INVITATION changes or adjustments of rates. (12) Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. See SPECIFICATIONS AND SPECIAL PROVISIONS. 2. Description of the Work The work shall consist of all labor, materials and equipment necessary for the construction of the Miller Point Pier as indicated in this bid package. The pier shall consist of a 4' x 70' main walkway, four 4' x 20' fingers (two on each side) and a 8' x 44' platform at the end of the main walkway. The end platform shall have two seating locations. Pedestrian bollard lights shall be installed at approximately 6 locations on the pier. A gateway type sign shall be installed at the water end of the main walkway. The pier surface shall be Trex decking (or approved equal) to match the existing Riverwalk boardwalk sections. Pier framing and support pilings shall be adequate to support the loadings indicated in the attached sketches. The plans prepared by VOA, dated, October 26, 2005 shall be used as a reference document. Defined Terms All terms capitalized in this Invitation for Bidder's Proposals and in the other Bidding Documents are defined in the Bidding Documents and the Contract and shall have such defined meanings wherever used. The Bid Package consists of the Bidding Documents and the Contract, both as hereinafter defined. 4. Awardine Authority The awarding authority for this contract is the City of McHenry who reserves the right to waive technicalities and to reject any or all proposals per City Ordinance. 5. The Biddine Documents The Bidding Documents consist of the following documents, all of which are by this reference made a part of this Invitation for Bidder's Proposals as though fully set forth herein: (1) Invitation for Bidder's Proposals; (2) General Instructions to Bidders; (3) Special Instructions to Bidders; (4) Addenda, if issued; (5) Bidder's Proposal; -3 INVITATION (6) Bidder's Sworn Acknowledgment; (7) Bidder's Sworn Work History Statement; (8) Form of Bid Bond; (9) Request for Additional Information, if any; (10) Bidder's Sworn Statement of Responsibility, if requested; (11) Other Information Submitted by Bidder, if requested; and (12) Notice of Award. 6. The Contract The Contract consists of the following documents, all of which are by this reference made a part of this Invitation for Bidder's Proposals as though fully set forth herein: (1) Contract Agreement; (2) Contractor's Certification; (3) Schedule of Prices; (4) General Conditions of Contract; (5) Special Conditions of Contract; (6) Contract Drawings; (7) Specifications; (8) Form of Performance Bond; (9) Form of Labor and Material Payment Bond; (10) Prevailing Wage Ordinance; and (11) Addenda, if issued. Engineer may, during construction, furnish such additional Contract Drawings and Specifications or such other explanations as Engineer may consider necessary to illustrate or explain the Work in further detail. The successful Bidder shall be required to comply with the requirements of all such additional Contract Drawings and Specifications or other explanations, all of which shall be considered part of the Contract and shall not be considered as indicating additional Work. -4- INVITATION Inspection and Examination The Bidding Documents and the Contract maybe examined at the office of the Owner, as listed above. A copy of the Bidding Documents and the Contract may be obtained at the office of the Owner at 9 a.m. on March 10, 2014. Each prospective Bidder shall, before submitting its Bidder's Proposal, carefully examine the Bidding Documents and the Contract. Each prospective Bidder shall inspect in detail the Work Site and the surrounding area and shall familiarize itself with all local conditions, including subsurface, underground and other concealed conditions, affecting the Contract, the Work and the Work Site. The Bidder whose Bidder's Proposal is accepted will be responsible for all errors in its Bidder's Proposal including those resulting from its failure or neglect to make a thorough examination and investigation of the Bidding Documents, the Contract, and the conditions of the Work Site and the surrounding area. 8. Bid Opening Owner will receive sealed Bidder's Proposals for the Work until 11 a.m., looal time, on March 25, 2014, at Owner's office listed above, at which time, or as soon thereafter as possible, all Bidder's Proposals will be publicly opened and read aloud. 9. Bid Security, Bonds and Insurance A. Bid Security. Each Bidder's Proposal shall be accompanied by a security deposit of at least ten percent of the Bidder's Price Proposal in the form of (1) a Cashier's Check or Certified Check drawn on a solvent bank insured by the Federal Deposit Insurance Corporation and payable without condition to Owner or (2) a Bid Bond in the form included in the Bidding Documents from a surety company licensed to do business in the State of Illinois with a general rating of A minus and a financial size category of Class X or better in Best's Insurance Guide, B. Performance and Payment Bonds. The successful Bidder will be required to famish a Performance Bond and a Labor and Material Payment Bond upon award of the Contract, each in the penal sum of the full amount of the Contract Price, in the form included in the Contract and from a surety company meeting the requirements set forth above. Each Bidder's Proposal must be accompanied by a letter from such a surety company stating that it will execute Bonds in the form included in the Contract Documents upon award of the Contract to Bidder. C. Insurance. The successful Bidder will be required to famish certificates and policies of insurance as required by Section 4.2 of the Contract Agreement, Article IV of the General Conditions of Contract, and Section 4 of the Special Conditions of Contract upon award of the Contract. Each Bidder's Proposal must be accompanied by a letter from Bidder's insurance carrier or its agent certifying that said insurer has read the requirements set forth in the Contract and will issue -5- INVITATION the required certificates and policies of insurance upon award of the Contract to Bidder. DATED this 1 Oth day of March, 2014I -6- CITY OF MCAENRY By: /s/Bill Hobson Deputy City Administrator CITY OF MCHENRY CONTRACT FOR THE CONSTRUCTION OF Miller Point Pier GENERAL INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Section page 2. Interpretation of the Bidding Documents and the Contract.................................................3 3. Calculation of Unit Price Proposals and Compensation......................................................3 4. Prevailing Wages.................................................................................................................4 5. Taxes and Benefits..............................................................................................................A 6. Permits and Licenses. 4 4 q I I 1 0 1 1 1 1 1 1 1 M d 0 0 d 6 0 0 F 0 0 0 0 . . . . . . . . . . . . 4 0 , q I I I I I I I I I I d d I I I * 0 0 P 0 1 1 1 1 1 1 1 1 1 0 0 0 0 0 0 0 .4 7. Preparation of Bidder's Proposal.........................................................................................5 8. Signature Requirements.......................................................................................................6 9. Bid Security.........................................................................................................................7 10. Surety and Insurance Commitments...................................................................................08 11. Submission of Bidder's Proposals.......................................................................................8 12. Withdrawal of Bidder's Proposals.......................................................................................8 13. Public Opening of Bidder's Proposals........01111110.00..40.6.00001111.........40101111111111111....................&9 14. Qualification of Bidders, 1 1 4 4 4 4 0 1 0 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4 1 4 0 0 0 0 0 0 0 4 0 0 d & 0 a a 0 P 6 1 1 1 1 1 1 1 1 1 1 1 1 d I I I I * 4 6 * I I I I I I I I I I I I I I I I 1 0 0 1 1 0 0 0 0 0 0 0 0 a a a a 44 9 15. Disqualification of Bidders................................................................................................10 16. Award of Contract, , I I I I I I I I I I I I * 1 0 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 P P I M d d d d 6 6 6 4 q q . . . . . . . . . . . . d I I 1 1 4 4 0 4 1 1 17. Notice of Award; Effective Date of Award.......................................................................11 18. Closing of Contract............................................................................................................12 19. Failure to Close, , I I I I I I I I I * 4 4 0 0 0 0 0 0 W I 1 0 0 M a* d . . . . . . . . . . 0 , 0 0 0 0 0 a 0 4 V 0 P 0 1 1 1 1 1 1 1 1 1 d d I d 1 2 20. Time of Starting and Completion.....................................................................................413 21. Confidentiality...................................................................................................................13 -i- CITY OF MCHENRY CONTRACT FOR THE CONSTRUCTION OF Miller Point Pier GENERAL INSTRUCTIONS TO BIDDERS 1. Examination of Bidding Documents, Contract, and Work Site A. Bidding Documents and the Contract. Each prospective Bidder shall, before submitting its Bidder's Proposal, carefully examine the Bidding Documents and the Contract as defined in the Invitation for Bidder's Proposals and included in this Bid Package. The Contract contains provisions applicable not only to the successful Bidder but also to all of its Subcontractors and Suppliers. In making copies of the Bidding Documents and the Contract available to prospective Bidders, Owner and Engineer do so only for the purpose of obtaining Bidder's Proposals and such provision does not confer a license or grant for any other use. B. Work and Work Site Conditions. Each prospective Bidder shall, before submitting its Bidder's Proposal, personally inform itself, by on -site inspection and investigation and by such other appropriate and lawful means as it may wish, of all conditions under which the work is to be performed; of the obstacles, unusual conditions or difficulties that may be encountered, whether or not referred to in the Bidding Documents or the Contract; and of all other relevant matters concerning the Work Site and the surrounding area, including subsurface, underground and other concealed conditions. In examining the Work Site and the surrounding area, special attention shall be given to the cost and feasibility of the Work to be performed thereon, including the arrangement and conditions of existing or proposed structures that will affect, or that will be affected by, the Work; the procedures necessary for maintenance of uninterrupted operations; the need to interrupt operations for any reason; and the availability and cost of the means and methods of accomplishing the Work. Any prospective Bidder desiring to make borings, explorations or observations to determine conditions at or around the Work Site shall obtain permission from Owner or from any other property owner, as appropriate, prior to commencement of any such activity. Notwithstanding anything set forth in this Subsection 113, it shall remain the successful Bidder's responsibility to (i) determine during construction the presence and location of any underground obstructions and to make adjustments in the alignment or grade of the Work to pass around, over, or under them, and (ii) determine during construction the presence and location of any adverse soil conditions and to take all necessary action to eliminate, address, or otherwise deal with such adverse soil conditions, all without any equitable adjustment in the Contract Time or, except as expressly provided, and only to the limited extent set forth, in Sections 2.1 through 2.3 of the General Conditions of Contract included in this Bid Package, the Contract Price. C. Quantities. Each prospective Bidder shall, before submitting its Bidder's Proposal, satisfy itself, by personal inspection and investigation of the Work Site or by -1- GENERAL INSTRUCTIONS such other appropriate and lawful means as it may wish, as to the correctness of any quantities listed in the Bidding Documents. D. Equipment, Materials, and Supplies. Each Bidder shall base its Bidder's Proposal on new, undamaged, first -quality equipment, materials, and supplies complying fully with the Contract, and in the event any Bidder names or includes in its Bidder's Proposal equipment, materials, or supplies that do not conform, such Bidder shall, if awarded the Contract, be responsible for furnishing equipment, materials, and supplies that fully conform to the Contract at no increase in the Bidder's Price Proposal. E. Information Provided by Owner. When information pertaining to subsurface, underground or other concealed conditions or obstructions, soils analysis, borings, test pits, buried structures, utility locations or conditions, conditions of existing structures, and similar site information or data and other investigations is shown or indicated on the Contract Drawings included in this Bid Package, is distributed with the Bidding Documents or the Contract, or is otherwise made available to any prospective Bidder by Owner, such information is shown, indicated, distributed, or made available solely for the convenience of such prospective Bidder and is not part of the Bidding Documents or the Contract. Owner assumes no responsibility whatever in respect to the sufficiency or accuracy of any such information, and there is no guaranty or warranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the Work or the Work Site, or that the conditions indicated are representative of those existing at any particular location, or that unanticipated conditions may not be present. F. Representation and Warranty of Bidder. Each Bidder submitting a Bidder's Proposal expressly thereby represents and warrants that it has had an adequate period of time to conduct, and has conducted, the independent examinations, inspections and investigations required by these General Instructions to Bidders. Each Bidder submitting a Bidder's Proposal expressly thereby further represents and warrants that Bidder's Price Proposal includes such allowances for contingencies as Bidder deems appropriate with respect to such risks and changes in the Work as the successful Bidder is responsible for dealing with under the Contract without any equitable adjustment in the Contract Price or Contract Time, G. Remedies for Failure to Comply. The successful Bidder will be responsible for all errors in its Bidder's Proposal resulting from such Bidder's failure or neglect to comply with these General Instructions to Bidders. The successful Bidder shall bear all damages and costs associated therewith, arising therefrom, or resulting from matters or conditions first discovered during the progress of the Work, including, but not limited to, damages or costs resulting from, arising out of, or in any way related to increases in time -related costs; increases in costs of labor, equipment, materials, or supplies; costs of additional personnel; costs of additional equipment; costs of additional premium time for personnel or equipment; increase in costs for Bond or insurance premiums; lower labor productivity; lost profits or alternative income; effects on other contracts; and costs of demobilization and remobilization. -2- GENERALINSTRUCTIONS 2. Interpretation of the Bidding Documents and the Contract A. Defined Terms. All terms capitalized in these General Instructions to Bidders and in the other Bidding Documents are defined in the Bidding Documents and the Contract and shall have such defined meanings wherever used. B. Implied Terms. If any workmanship, equipment, materials, or supplies that are not directly or indirectly set forth in the Contract are nevertheless necessary to the proper provision, performance, and completion of the whole of the Work in accordance with the intent of the Contract, each prospective Bidder shall understand such workmanship, equipment, materials, or supplies to be implied and shall provide for such workmanship, equipment, materials, or supplies in its Bidder's Proposal as fully as if it were particularly described. C. Addenda. No interpretation of the Bidding Documents or the Contract will be made except by written addendum duly issued by Engineer or Owner ("Addendum"). No interpretation not contained in an Addendum shall be valid or have any force or effect whatever. All Addenda issued prior to the opening of Bidder's Proposals shall become a part of the Bidding Documents or the Contract, as the case may be. Each prospective Bidder shall be responsible for inquiring from time to time as to the availability of Addenda. If any prospective Bidder is in doubt as to the true meaning of any part of the Bidding Documents or the Contract, such prospective Bidder shall submit to Owner or Engineer a written request for an interpretation thereof as far in advance of the scheduled opening of Bidder's Proposals as possible. Owner shall use its best efforts to issue Addenda in response to all valid, appropriate, and timely inquiries, but accepts no responsibility for doing so. Inquiries not answered by Addenda shall be considered invalid, inappropriate, or untimely inquiries. D. Informal Responses, Neither Owner nor Engineer will give oral answers or instructions in response to any inquiries received prior to the award of the Contract regarding the meaning of the Bidding Documents or the Contract nor any oral indication as to the validity of any such inquiry. Any such oral answer, instruction or indication shall not be binding, shall be deemed to be unauthorized and given informally for the convenience of the Person making the inquiry, shall not be guaranteed, and shall not be relied upon by any prospective Bidder. By submitting a Bidder's Proposal, each Bidder shall be deemed to have agreed that such information has not been used as a basis of its Bidder's Proposal and that the giving of any such information does not entitle such Bidder to assert any claim or demand against Owner or Engineer on account thereof. 3. Calculation of Unit Price Proposals and Compensation On all items for which Bidder's Proposals are to be received on a unit price basis, Bidder's Proposals will be compared on the basis of the approximate number of units stated in the Bidding Documents multiplied by each Bidder's respective Price Proposal for each Unit Price Item. -3 GENERALINSTRUCTIONS Payment on the Contract for each Unit Price Item will be based on the actual number of acceptable units of such Unit Price Item installed complete in place, measured on the basis defined in the Contract. The approximate quantities stated in the Bidding Documents shall not be used in establishing the compensation due under the Contract. Such stated quantities are Engineer's estimate only for Owner's convenience in comparing Bidder's Proposals and shall not be relied upon by prospective Bidders. Any increases in the number of units of Unit Price Items required to complete the Work resulting from risks or changes in the Work that the successful Bidder is responsible for dealing with under the Contract without any equitable adjustment in the Contract Price shall be paid for at the respective Price Proposal for each such Unit Price Item. No Bidder shall, after submission of its Bidder's Proposal, dispute or complain of any estimate of Unit Price Items contained in the Bidding Documents nor assert that there was any misunderstanding in regard to the nature or amount of Work to be done. 4. Prevailing Wages In accordance with the Prevailing Wage` Act, 820 ILCS 130/0.01 et seq., not less than the prevailing rate of wages for similar work in the locality in which the Work is to be performed shall be paid to all laborers. A copy of Owner's ordinance ascertaining the prevailing rate of wages, in effect as of the date of the Invitation for Bidder's Proposals, is included in this Bid Package. If the Illinois Department of Labor revises the prevailing rate of hourly wages to be paid, the revised rate shall apply to the Contract. 5. Taxes and Benefits Owner is exempt from state and local sales, use and excise taxes. Bidder's Price Proposal shall not include any such taxes. A letter of exemption will be provided to the successful Bidder, if necessary. Owner will not reimburse, nor assist the successful Bidder in obtaining reimbursement for, any state or local sales, use or excise taxes paid by the successful Bidder. The successful Bidder shall be required to reimburse Owner for any such taxes paid. Bidder's Price Proposal shall include all other applicable federal, state, and local taxes of every kind and nature applicable to the Work as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. It shall be the sole responsibility of each prospective Bidder to determine the applicability and amount of such taxes, contributions, and premiums and no extra compensation shall be paid by Owner for the successful Bidder's failure to include these costs in its Bidder's Proposal. 6. Permits and Licenses Except as otherwise expressly provided in the Special Conditions of Contract included in this Bid Package, Bidder's Price Proposal shall include the cost of obtaining all permits, licenses, and other approvals and authorizations required by law for performance of the Work. It shall be the sole responsibility of each prospective Bidder to determine the applicable -4- GENERALINSTRUCTIONS permits, licenses, and other approvals and authorizations and no extra compensation shall be paid by Owner for the successful Bidder's failure to include these costs in its Bidder's Proposal. The successful Bidder shall be required to display all permits, licenses and other approvals and authorizations as required by law. 7. Preparation of Bidder's Proposal Bidder's Proposals to enter into the Contract for the Work shall be made only on the blank Bidder's Proposal form furnished by Owner and included in this Bid Package. Entries on the Bidder's Proposal form shall be typed or legibly written in ink. Price Proposals are to be written by words and by figures as provided on the Bidder's Proposal form. In case of any conflict, words shall prevail. In case of any error in adding or multiplying individual items, the prices listed for individual items shall control over any incorrect total of such items. A Bidder's Proposal may be rejected if it does not contain a requested price for each and every item named in the Bidder's Proposal form or may be interpreted as bidding "no charge" to Owner for any item left blank, except as may be otherwise provided in the Special Instructions to Bidders included in this Bid Package. Prospective Bidders are warned against making alterations of any kind to the Bidder's Proposal form or to any entry thereon. Bidder's Proposals that contain omissions, conditions, alterations, or additions not called for by the Bidding Documents may be rejected or interpreted so as to be most favorable to Owner. Bidder's Proposals that are not submitted on the Bidder's Proposal form furnished by Owner or that are separated from this bound Bid Package may be rejected. Each Bidder shall securely staple into its Bidder's Proposal a copy of each Addendum issued for the Bidding Documents and the Contract and shall include in the place provided therefor in the Bidder's Proposal form a listing of all such Addenda. Bidder's Proposals that fail to comply with this Instruction may be rejected. Each Bidder shall complete, sign as required pursuant to Section 8 of these General Instructions to Bidders, and submit with its Bidder's Proposal all of the following documentation: (1) Bidder's Sworn Acknowledgment included in this Bid Package; (2) Bidder's Sworn Work History Statement included in this Bid Package; (3) Bid Security as required by Section 9 of these General Instructions to Bidders; (4) Surety Commitment Letter as specified in the Invitation for Bidder's Proposals; -5- GENERALINSTRUCTIONS (5) Insurance Commitment Letter as specified in the Invitation for Bidder's Proposals; and (6) Such other documentation, if any, as may be required by any Special Instructions to Bidders included in this Bid Package, Every Bidder submitting a Bidder's Proposal shall be conclusively deemed to have evidenced an intention to be bound thereby whether or not the requirements for signing Bidder's Proposals found in Section 8 of these General Instructions to Bidders are satisfied. However, any Bidder's Proposal that fails to comply with Section 8 of these General Instructions to Bidders may nevertheless be rejected. If a deficiently prepared Bidder's Proposal is not rejected, Owner may demand correction of any deficiency and award the Contract to Bidder upon satisfactory compliance with this Instruction. 8. Signature Requirements A. Bidder's Proposals. The following requirements shall be observed in the signing of each Bidder's Proposal: (1) Corporations. Each Bidder's Proposal submitted by a corporation shall be signed by the President or other authorized officer of the corporation and shall also bear the attesting signature of the Secretary or Assistant Secretary of the corporation. A certified copy of a resolution of the Board of Directors of the corporation evidencing the authority of the officials signing and attesting the Bidder's Proposal to do so shall be attached to it. (2) Partnerships. Each Bidder's Proposal submitted by a partnership shall be signed by all of its general partners or by an attorney -in - fact. If signed by an attorney -in -fact, there shall be attached to the Bidder's Proposal a power of attorney executed by all of the general partners of such partnership evidencing authority of such attorney -in -fact to sign the Bidder's Proposal. (3) Individuals. Each Bidder's Proposal submitted by an individual shall be signed by such individual or by an attorney -in -fact. If signed by an attorney -in -fact, there shall be attached to the Bidder's Proposal a power of attorney executed by such individual evidencing the authority of such attorney -in -fact to sign the proposal. (4) Joint Ventures. Each Bidder's Proposal submitted by a joint venture shall be signed by each signatory of the joint venture agreement by which such joint venture was formed in accordance with the applicable provisions of (1), (2) and (3) above or by an -6 GENERAL INSTRUCTIONS attorney -in -fact. If signed by an attorney -in -fact, there shall be attached to the Bidder's Proposal a power of attorney executed by each signatory to the joint venture agreement evidencing the authority of such attorney -in -fact to sign the proposal. Any Bidder's Proposal that fails to comply with this Instruction may be rejected, or, if not rejected, Owner may demand correction thereof and award the Contract to Bidder upon satisfactory compliance with this Instruction. B. Other Documents. The signature requirements set forth in Subsection 8A shall apply to all other documents in the Bid Package required to be executed by Bidder, Bidder's sureties and Bidder's insurance representatives as well as to the Contract Agreement, the Contractor's Certification and all other required documentation related to the Contract. Any Bidder's Proposal that fails to comply with this Instruction may be rejected, or, if not rejected, Owner may demand correction thereof and award the Contract to Bidder upon satisfactory compliance with this Instruction. 9, Bid Security A. Required Bid Security. Every Bidder's Proposal shall be accompanied by bid security in the form of a Cashier's Check, Certified Check or Bid Bond as specified in the Invitation for Bidder's Proposals ("Bid Security"), which Bid Security shall stand as a guaranty that (1) if Bidder is determined to be one of the Most Favorable Bidders (see Section 14B below), Bidder will submit all additional information requested by Owner; (2) if such Bidder's Proposal is accepted, Bidder will timely file the Bonds and the certificates and policies of insurance required by the Contract; and (3) if such Bidder's Proposal is accepted, Bidder will timely execute the Contract Agreement, the Contractor's Certification, and all other required documentation related to the Contract. Any Bidder's Proposal that fails to comply with this Instruction may be rejected, or, if not rejected, Owner may demand correction of any deficiency and award the Contract to Bidder upon satisfactory compliance with this Instruction. B. Return of Bid Security. Bid Security submitted in the form of Cashier's Checks or Certified Checks will be returned to all except the Most Favorable Bidders within five Days after the opening of Bidder's Proposals, and to the Most Favorable Bidders within five Days after execution of the Contract Agreement by Owner. Bid Bonds will not be returned unless otherwise requested by Bidder. C. Liquidated Damages. If a Most Favorable Bidder fails to timely submit all additional information requested by Owner, or if the successful Bidder fails to timely and properly submit all required Bonds, certificates and policies of insurance, or if the successful Bidder fails to timely and properly execute the Contract Agreement, the Contractor's Certification and all other required documentation related to the Contract, it will be difficult and impracticable to ascertain and determine the amount of damage that Owner will sustain by -7- GENERAL. INSTRUCTIONS reason of any such failure. For such reason, every Bidder shall, by submitting its Bidder's Proposal, be deemed to agree that Owner shall have the right, at its option in the event of any such default, to retain or recover as reasonably estimated liquidated damages, and not as a penalty, the entire amount of the Bid Security or ten percent of the Bidder's Price Proposal, whichever is greater, or to exercise any and all equitable remedies it may have against the defaulting Bidder. 10. Surety and Insurance Commitments Every Bidder's Proposal shall be accompanied by: (1) A letter from a surety company, licensed to do business in the State of Illinois with a general rating of A minus and a financial size category of Class X or better in Best's Insurance Guide, stating that it will execute Bonds in the form included in the Contract Documents upon award of the Contract to Bidder. (2) A letter from Bidder's insurance carrier or its agent certifying that said insurer has read the insurance requirements set forth in the Contract and will issue the required certificates and policies of insurance upon award of the Contract to Bidder. Any Bidder's Proposal that fails to comply with this Inshuction may be rejected, or, if not rejected, Owner may demand correction of any deficiency and award the Contract to Bidder upon satisfactory compliance with this Instruction. 11. Submission of Bidder's Proposal One copy of each Bidder's Proposal, properly signed, together with the required Bid Security (see Section 9), the required surety and insurance commitment letters (see Section 10) and all other required documents, shall be enclosed in a sealed envelope or package and shall be addressed and delivered to the place, before the time, and in the manner designated in the Invitation for Bidder's Proposals. Each sealed envelope or package containing a Bidder's Proposal shall be identified as such and shall be marked with the title of the Contract and Bidder's full legal name. All documents designated in the Bidding Documents or the Contract, including any Addenda, will be considered part of each Bidder's Proposal whether attached or not. The Bidder's Proposal form shall not be removed from this bound Bid Package. 12. Withdrawal of Bidder's Proposal Any Bidder's Proposal may be withdrawn at any time prior to the opening of any Bidder's Proposal, provided that a request in writing, executed by Bidder in the manner specified in Section 8 of these General Instructions to Bidders, for the withdrawal of such Bidder's Proposal is filed with Owner prior to the opening of any Bidder's Proposal. The withdrawal of a Bidder's Proposal prior to opening of any Bidder's Proposal will not prejudice the right of Bidder to file a new Bidder's Proposal. -8- GENERALINSTRUCTIONS No Bidder's Proposal shall be withdrawn without the consent of Owner for a period of 60 Days after the opening of any Bidder's Proposal. Any Bidder's Proposal may be withdrawn at any time following the expiration of said 60 Day period, provided that a request in writing, executed by Bidder in the manner specified in Section 8 of these General Instructions to Bidders, for the withdrawal of such Bidder's Proposal is filed with Owner after said 60 Day period. If no such request is filed, the date for acceptance of such Bidder's Proposal shall be deemed to be extended until such a request is filed or until Owner executes a Contract pursuant to the Invitation for Bidder's Proposals or until Owner affirmatively and in writing rejects such Bidder's Proposal. 13, Public Opening of Bidder's Proposals Bidder's Proposals will be opened and the Price Proposals will be read aloud publicly at the time and place indicated in the Invitation for Bidder's Proposals or as soon thereafter as possible. Bidders or their agents are invited to be present. All Bidders' Proposals received after the specified time of opening will be returned unopened. 14. Qualification of Bidders A. Factors. Owner intends to award the Contract only to a Bidder that furnishes satisfactory evidence that it has the requisite experience, ability, capital, facilities, plant, organization and staffing to enable it to perform the Work successfully and promptly and to complete the Work for the Contract Price and within the Contract Time. B. Most Favorable Bidders. A preliminary determination as to eligibility of up to three Bidders (herein referred to as "Most Favorable Bidders") who shall be eligible for further consideration shall be made on the basis of the amount of the Bidder's Price Proposals, Owner's prior experience with the Bidders, Owner's knowledge of the Bidders' performance on other relevant projects, and all other relevant facts or matters mentioned in the Bidding Documents or the Contract or that Owner may legally consider in making its determination. The making of such a preliminary determination shall not waive Owner's right to reject any and all Bidder's Proposals nor waive such other rights as are set forth in Section 16 of these General Instructions to Bidders. C. Final Determination. The final selection of the successful Bidder from among the Most Favorable Bidders shall be made on the basis of the above -mentioned factors and any additional information that may be requested of all or any one or more of the Most Favorable Bidders. Such additional information may include, but is not limited to, a listing of available personnel, plant and equipment; a description of current work loads and any pending bids or proposals; financial and litigation statements; and any other pertinent information. If such additional information is required, Owner shall issue a Request for Additional Information in the form included in this Bid Package to one or more of the Most Favorable Bidders. In the event Owner issues a Request for Additional Information, the responding Bidder shall provide such information within two business days after receipt of said Request for Additional Information or such other period as may be set forth therein. Failure to so answer shall, at -9- GENERALINSTRUCTIONS Owner's option, be grounds for the imposition of liquidated damages, as more specifically set forth in Section 9 above. 15. Disqualification of Bidders A. More Than One Bidder's Proposal. No more than one Bidder's Proposal for the Work described in the Contract shall be considered from any single corporation, partnership, individual or joint venture, whether under the same or different names and whether or not in conjunction with any other corporation, partnership, individual or joint venture. Reasonable grounds for believing that any corporation, partnership, individual or joint venture is interested, as a principal, in more than one Bidder's Proposal for the Work may cause the rejection of all Bidder's Proposals in which such corporation, partnership, individual or joint venture is interested. Nothing contained in this Subsection 15A shall prohibit any single corporation, partnership, individual or joint venture, whether under the same or different names and whether or not in conjunction with any other corporation, partnership, individual or joint venture, from submitting a bid or quoting prices to more than one Bidder for equipment, materials and supplies or labor to be furnished as a Subcontractor or Supplier. B. Collusion. If there are reasonable grounds for believing that collusion exists among any Bidders, all Bidder's Proposals of the participants in such collusion will not be considered. C. Default. If a Bidder is or has been in default on a contract with Owner or in the payment of monies due Owner, its Bidder's Proposal will not be considered. D. Deficiencies. Owner expressly reserves the right in its sole and absolute discretion to disqualify any Bidder that: (1) submits a Bidder's Proposal that does not contain a lump sum or unit price for each pay item requested; (2) submits a Bidder's Proposal on a form other than the Bidder's Proposal form included in the Bidding Documents or alters such form or detaches any part of such form from this bound Bid Package; (3) submits a Bidder's Proposal that contains omissions, alterations, unauthorized additions, conditional or alternate bids, or irregularities of any kind that may tend to make the Bidder's Proposal incomplete, indefinite or ambiguous as to its meaning, including, but not limited to, conditional surety and insurance commitment letters; (4) submits an unsigned or improperly signed Bidder's Proposal; -10- GENERALINSTRUCTIONS (5) submits a Bidder's Proposal containing any provision reserving the right to accept or reject an award or to enter into a Contract pursuant to award; or (6) submits a Bidder's Proposal that is not prepared in ink. If the deficient Bidder is not disqualified, Owner may demand correction of any deficiency and award the Contract to Bidder upon satisfactory compliance with these General Instructions to Bidders and any Special Instructions to Bidders included in this Bid Package. 16. Award of Contract A. Reservation of Rights. Owner reserves the right to accept the Bidder's Proposal that is, in its judgment, the best and most favorable to the interests of Owner and the public; to reject the low Price Proposal; to accept any item of any Bidder's Proposal; to reject any and all Bidder's Proposals; to accept and incorporate corrections, clarifications or modifications following the opening of the Bidder's Proposals when to do so would not, in Owner's opinion, prejudice the bidding process or create any improper advantage to any Bidder; and to waive irregularities and informalities in the bidding process or in any Bidder's Proposal submitted; provided, however, that the waiver of any prior defect or informality shall not be considered a waiver of any future or similar defects or informalities, and Bidders should not rely upon, or anticipate, such waivers in submitting their Bidder's Proposals, B. Firm Offers. All Bidder's Proposals are firm offers to enter into the Contract and no Bidder's Proposals shall be deemed rejected, notwithstanding acceptance of any other Bidder's Proposal, until the Contract has been executed by both Owner and the successful Bidder or until Owner affirmatively and in writing expressly rejects such Bidder's Proposal. C. Time of Award. It is expected that the award of the Contract, if it is awarded, will be made within 60 Days following the opening of the Bidder's Proposals. Should administrative difficulties be encountered after the opening of the Bidder's Proposals, including the annulment of any award, that may delay an award or subsequent award beyond such 60 Day period, Owner may accept any Bidder's Proposal for which the date for acceptance has been extended as provided in Section 12 of these General Instructions to Bidders in order to avoid the need for re -advertisement. No Bidder shall be under any obligation to extend the date for acceptance of its Bidder's Proposal. Failure of one or more of the Bidders or their sureties to extend the date for acceptance of its Bidder's Proposal shall not prejudice the right of Owner to accept any Bidder's Proposal for which the date for acceptance has been extended. 17. Notice of Award; Effective Date of Award If the Contract is awarded by Owner, such award shall be effective when a Notice of Award in the form included in this Bid Package has been delivered to the successful Bidder ("Effective Date of Award"). Owner will prepare five copies of the Contract based upon Bidder's Proposal and will submit them to the successful Bidder with the Notice of Award. -11- GENERALINSTRUCTIONS 18. Closing of Contract A. Closing Date. Unless otherwise stated in the Notice of Award, the successful Bidder shall satisfactorily complete all Conditions Precedent to Closing before, and the Contract and all related documents shall be executed, submitted and exchanged by Owner and Bidder ("Closing") on, the tenth Day following the Effective Date of Award or within such extended period as Owner may, in the exercise of its sole discretion, authorize in writing after issuance of the Notice of Award ("Closing Date"). B. Conditions Precedent to Closing. On or before the Closing Date, the successful Bidder shall: (1) sign (see Section 8), date as of the Closing Date, and submit to Owner all five copies of the Contract Agreement, the Contractor's Certification and all other required documentation related to the Contract on or before the Closing Date; and (2) submit five executed copies of all required Powers of Attorney and authorizing resolutions, if any (see Section 8), and five executed copies of all required Bonds dated as of the Closing Date and all certificates and policies of insurance (see Contract Agreement, Article IV) ("Conditions Precedent to Closing"), Failure to timely execute or submit any of the aforesaid documents shall be grounds for the imposition of liquidated damages as more specifically set forth in Section 9 above. If the submitted documents or any of them fail to comply with the Bidding Documents or the Contract or are not timely executed and submitted, Owner may, in its sole discretion, annul the award or allow the successful Bidder an opportunity to correct the deficiencies. In no event will Owner execute the Contract Agreement until any and all such deficiencies have been cured or Owner has received adequate assurances, as determined by Owner, of complete and prompt performance. C. Closing. At the Closing, and provided that all documents required to be submitted prior to or at the Closing have been reviewed and determined by Owner to be in compliance with the Bidding Documents and the Contract, or assurances of complete and prompt performance satisfactory to Owner have been received, Owner shall execute all copies of the Contract Agreement, retain three copies of the completed Contract, and tender two copies to the successful Bidder at the Closing. The successful Bidder shall tender one copy to its surety company or companies. The successful Bidder or its agent shall be present at the Closing. 19. Failure to Close A. Annulment of Award; Liquidated Damages. The failure or refusal of a successful Bidder to comply with the Conditions Precedent to Closing or to otherwise fail or refuse to Close shall be just cause for the annulment of the award and the imposition of liquidated damages or the exercise of equitable remedies, both as more specifically set forth in Section 9 above. B. Subsequent Awards. Upon annulment of an award, Owner may accept, and award a Contract based on, any other Bidder's Proposal as Owner, in its sole judgment, -12- GENERAL INSTRUCTIONS deems to be the best or may invite new Proposals or may abandon the bidding process or the Work. 20. Time of Starting and Completion Work shall commence, shall be continuously and diligently prosecuted, and shall be completed within the Contract Time stated in the Contract. BIDDERS ARE DIRECTED TO THE GENERAL AND SPECIAL CONDITIONS OF CONTRACT INCLUDED IN THIS BID PACKAGE FOR PROVISIONS CONCERNING COORDINATION OF THE WORK WITH OTHER WORK BEING UNDERTAKEN BY OR FOR OWNER. NO CLAIMS FOR DELAY OR INTERFERENCE BASED ON ANY SUCH OTHER WORK WILL BE ALLOWED. BIDDERS ARE DIRECTED TO THE GENERAL AND SPECIAL CONDITIONS OF CONTRACT INCLUDED IN THIS BID PACKAGE FOR PROVISIONS, IF ANY, RELATED TO LIQUIDATED DAMAGES FOR DELAYS IN COMPLETION OF THE WORK. 21. Confidentiality Each Bidder shall identify any information submitted in the bidding process that is considered by it to be confidential or proprietary. Owner shall not disclose, outside the bidding process, at any time, either during or subsequent to the bidding process, any such designated confidential or proprietary information, unless such disclosure will not cause competitive harm, or such information was actually known to Owner prior to its submission by Bidder, or such information was properly obtained or developed independently by Owner, or Bidder consents to such disclosure. Notwithstanding the foregoing, each Bidder, by its submission of its Bidder's Proposal, acknowledges that Owner is subject to the Illinois Freedom oI Information Act, 5 ILCS 140/1 et seq., and that no disclosure made in good faith by Owner pursuant to such Act shall be deemed to violate this Section. -13- CITY OF MCHENRY CONTRACT FOR THE CONSTRUCTION OF Miller Point Pier SPECIAL INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Section Special Bidding Considerations.......................................................... 2. Special Construction Considerations ........................................... -1- Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Deputy City Administrator FOR: March 3, 2014 - Regular City Council Meeting RE: McHenry Park Facilities Special Use and Beer/Wine permit requests ATT: Permit List and Applications All fees and docwnentation have been satisfactorily submitted for the attached McHemy Paiic Facilities Special Use and/or Beer/Wine permit requests. If Council concws with the requests as presented, then it is recommended a motion is considered to approve the attached McHenry Park Facilities Special Use and Beer/Wine permit requests, FOR COUNCIL MEETING ON March 3, 2014: Beer/Wine Permit Requests These are beer and wine permit requests associated with picnic permits. Date of Picnic Applicant Address 06/21/14 Amy Whiteside Family 306 Windhaven Ct, McH 06/21/14 APTAR/Deannallordengren 4900 Prime Pkwy, McH 06/22/14 Julaine Pieroni Family 4000 W Maple Ave, McH 06/22/14 Ann Miller Family 5701 Fieldstone Tr, MeH 07/26/14 Sandra Prettenhofer Family 824 Wiltshire 44, McH 08/01/14 Martha Peters Family 1402 Millstream, McH 08/09/14 Kathy Kuthe Family 315 Newport Trail, McH 08/10/14 Darlene Besch Family 3308 Chestnut Dr, McH 08/10/14 Marvin Bauer Family 4206 W Crestwood St, McH 08/17/14 Leon Schmitt Family 1810 N Riverside Dr, McH 09/06/14 Jameson Marozas Wed/Recp 228 S Glenbrook Tr, McH 10/04/14 Sara Williamson Wed/Recp 3819 E Prestwick St, McH Special Use Application Requests There are special use application requests associated with picnic permits. Date of Picnic Applicant Address Special Use 06/07/14 J Arnow Pedal To The Park 3318 W Pearl St bouncy, music, food, Park St closure 06/21/14 Amy Whiteside Family 306 Windhaven Ct, McH gas grill, tables, chairs O6/21/14 APTAR/Dearma Nordengren 4900 Prime Pkwy, McH bouncy, music, picnic tables moved to stage area 08/17/14 Leon Schmitt Family 1810 N Riverside Dr, McH moon walk, tractor hay ride chairs 08/17/14 N Shore Rods/B Matchen 3808 W Maple Ave 09/06/14 Jameson Marozas Wed/Recp 228 S Glenbrook Tr, McH 09/27/14 Friends of the Poor/F Wisniewski 5211 W Bull Valley Rd 10/04/14 Sara Williamson Wed/Recp PConaway\pic perm IisLdoc 3819 E Prestwick St, McH music, food tables, chairs, music tables, chairs, music, tents refreshments for participants tent, tables, chairs, music rr a a , OepttdMr1w't nRT"�' McHENRY PARK FACILITIES SPECIAL USE`AND/OR BEER/V(�INE"APPLICATION Contact Person: Date of Pfcnle _�j� 1 __ Company/Organization: T1�Q� Address:-11 City/State/Zip: I 1C IL Home Phone: Wk/CIIP�)� or z p Park: ❑ Knox Park (A only) ❑ Petersen Park teran's Memorial Park Area: ❑ Shelter A ❑ Shelter B ❑ Shelter C ❑ Otlier Arrival Timer al !P)Ql Departure Time: % O([)Y Y� Total Number Attending: Falsifying attendance numbers will result in loss of deposit. Groups over 500 must obtain additional: ❑ dumpsters ❑ portable toilets Water, electricity and restrooms are available at all sites. Knox Park A has a portable restroom. Brief description of event (company picnic, car show, waft show, wedding, etc ): a\ hu� List all activities to be held: i unLy t R e { �, Cs�ctP S w1 �P� R\kP i�Avj en T a h 1 x Q� Items brought into park sitei.4­Tables Chairs ❑ Benches ❑ Carnival Rides ❑ Music ❑ Animals ❑ Catered Pig Roast A -Other �Dn(& V ❑ Tout: Location In Parle: Size: I I ELECTRICAL Tent Staked: o yes ❑ no FOR TENTS ❑ APPLICANT TO CALL JIJLIE (I 800-892-0123) 3}S2C- 0o'coo � Q� a9�" TO BE LOCATED {gyp f vt S} , pampa r-j []NO ELECTRIC: Shamrock. l cti �voo �t%l Will beer/wine be present: ❑ Yea"o IF YOU CHECKED YES LEASE ANSWER QUESTIONS BELOW: Indicate the number of beer/wine permits denied I icate amount of beer/wine to be brought into the City Park raider this permit on above date (number of wine bottl `, beer cases, beef kegs, etc.) 1 agree that all the beer/wine containers will be remov d by applicant or placed in proper containers on site on the permit date and that no underage or iirtoxicated person will e allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that not of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood th the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and ill comply with the City of McHenry Park Permit rules. I have read and understand the rules and egulations that have been set forth by the City of,McHenry regarding the Special Use and/or Beer/Wine Application(s) lid will assume responsibility for any loss, damage or liability arising from the use of the park property. I also understan that not complying with the Park Permit rules will result in loss of deposit Signature -- /s esur— Date: 1 lb) Health permits are required by law for concessions and catering. Please make arrangements to obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval Restrictions: OFFICE USE ONLY* Reservation Fee: $ �r'D'.L*77 - }**FDate Paid ��+*Initials Deposit Fee: $ ,e Ln Payment. ❑ Cash pXheck ❑ hai; e Total Fee: $_ / = vv A Submitted to City Council :•%KAn Confirmation Sent: Initials: City Council Approval: parks\forms\picnic forms\special use and beer and or wine application - 56 OepaRTM£` McHENRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION Contact Person: Date of Picnic:Ll_���_ Company/Organization: Address: 3 tab ma's Na aveVl C y t- City/State/Zip: t ja�rsy 'iLHome Phone: n \S_ 3\3 qyy� Work/Cell Phone: I LG t� Park: ❑Knox Park (A only) ❑Petersen Park XVeteran's Memorial Park Area: ❑ Shelter A ❑ Shelter B ❑ Shelter C ❑ Other: _ Arrival Time: Yloc>t1 Departure Time: S r, c-, Total Number Attending: je<z, '<y an Sp Falsifying attendance numbers will result in loss of deposit. Groups over 500 must obtain additional: o dumpsters o portable toilets Water, electricity and restrooms are available at all sites. Knox Park A has a portable restroom. Brief description of event (company picnic, car show, craft show, wedding, etc ): C= c: \y List all activities to be held: eat- Items brought into park site: KTablesy�Chairs o Benches ❑ Carnival Rides ❑ Music ❑ Animals ❑ Catered Pig Roast o Other "Z t ❑ Tent: Location In Park: Size: Tent Staked: Dyes ❑ no ELECTRICAL . FOR TENTS D APPLICANT TO CALL JULIE (1-800-892-0123) TO BE LOCATED ❑ NO ELECTRIC:. Shamrock. Will beer/wine be present: XYes o No IF YOU CHECKED YES, PLEASE ANSWER QUESTIONS BELOW: Indicate the number of beer/wine permits denied 0 Indicate amount of beer/wine to be brought into the �� City Park under this permit on above date (number of wine bottles, beer cases, beer kegs, etc.) �ase>5 b¢P T 5 bc� I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the pen -nit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. 1 agree that none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, damage or liability arising from the use of the park property. I also understand that not complying with the Park Permit rules will result in loss of deposit. Signature: QiA " - -, Date: 1 7 Li Health permits are required by law for concessions and catering. Please make arrangements to obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval Restrictions: OFFICE USE Reservation Fee: **$+*J - *µDatePaid:(. Initials IVV�I.,/ Deposit Fee. $ Payment. ❑ Cash jCheck El C.hat ee Total Fee: $ 7 Submitted to City Council: Confirmation Sent: Initials: City Council Approval: parks\forms\picnic forms\special use and beer and or wine application - Contact . McHENRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION ofPionic: 0 �_/Y._-__. �.umpany/vrgamzarlon: ✓-C /-" � ft ✓� Atldress: 1-1 !�> L' /" `r-! l ��� l--' L K I�•b� City/State/Zip;G- //?mot Home Phone: Work/Cell Phonelg7-'-/6 -30q3 rylcFieKr�, is boose) Park: ❑ Knox Park (A only) Y.Petersen Park ❑ Veteran's Memorial Park Area: ❑ Shelter A ❑ Shelter B ❑ Shelter C it Other: Arrival Time: 7F4 M Departure Time: 5: oo.40 m Total Number Attending: 4400 Falsifying attendance numbers will result intlnss of deposit Groups over 500 must obtain additional: dumpsters 'portable toilets Water, electricity and restrooms are available at all sites. Knox Park A has a portable restroom. Brief description of event (con List all activities to be held: Items brought into park site: ❑ Other to l 12 t ✓-k r c� ❑ Tent: Location [n ELECTRICAL . FOR TENTS TO BE LOCATED picnic, car show, craft show, wedding, etc.): ❑ Chairs ❑ Carnival ❑Animals ❑Catered Pig Roast LRides''Mu>sic J L: c� i1. 0 Vier 2--ti� i1 S' //1 net l% Tent Staked ��APPLICANTTOCALLJULIE(1-800-892-0123) (�`�C/1iE�� ❑ NO ELECTRIC: Shamrock, rG yes ❑ na Will beer/wine be present Ycs ❑ No IF YOU CHECKE YES, PLEASE ANSWER QUESTIONS BELOW: Indicate the number o beer/wine permits denied: Indicate amount of beer/wine to be brought into the City Park under this permit on above date (number of wine bottles, beer cases, beer kegs, etc.) � i der .fey"S _ 1 agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. 1 agree that none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this pert -nit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, damage or liability arising from the use of the park propertyfJ also understand that not complying with the Park Permit rules will result in loss of deposit. Signature: Date: Health permits are required bg law or concf ssions and catering. Please make arrangements to obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval *****FOR OFFICE USE ONLY*****+„+••,,:•+xj�. �«f.. .. Reservation Fee. $ �7�''� Date Paid � Gv `'T� Initials��� Deposit Fee: $ L �J L. / Payment: ❑ Cash ❑Check Charge Total Fee: $ '3 -10 Submitted to City Council: �/l 3 U/ Confirmation Sent: Initials: City Council Approval: .parks\forms\picnicfonns\special use and beer and or wine application Park ❑ I�riox Park (A only)Petersen Park ❑Veteran's Memorial Park Area helter A ❑ Shelter B ❑ Shelter C ❑ Other: Arrival Time: /0 Departure Time: (4 Total Number Attending: 7t) Falsifying attendance nurnhers will result in loss of deposit. Groups over 500 must obtain additional: o dZsterSIS1,0POle toilets Water, electricity and restrooms are available at A has a portable restroom. Brief description of event (company picnic, ca edding, etc.): List all activities to be held: jIteins broughtinto park site: o T es ❑ Chairs ❑ Benches ❑ Carnival Rides ❑ Music ❑ Animals ❑ Catered PigRoast 3 ❑ Other ❑ Tent: Location 6i Size: Tent Staked: o yes ❑ no ELECTRICAL FOR TENT ❑ APPLICANT TO CALL JULIE (1-800-892-0123) TO BE CATED ❑ NO ELECTRIC: Shamrock. Will beer/wine be present: ❑ Yes o No IF YOU CHECI{ED YES, PLEASE ANSWER QUESTIONS BELOW: Indicate the number of beer/wine permits denied— Indicate amount of beer/wine to be brought into the City Park under this permit on above date (number of wine bottles, beer cases, beef- kegs, etc.) I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Pen -nit rules. 1 have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Special Use and/or Beer/Wide Application(s) and will assmne responsibility for any loss, damage or liability arising from the use of the ark property. I also understand that not complying with the Park Pei riles will result in loss of deposit. Signature /_z��e.� 2 Dater — l7 Health pe its are required by law for concessions and catering. Please make arrangements to obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval Restrictions: ****FOR OFFICE USE ONLY*K+>++a+ , _+�- F`"+ :• .. Reservation Fee. $ + Date Paidk_ nivals.-( �`— Deposit Fee: . - $ _ - Payment: ❑ Cash Check. ❑ C.I arse Total Fee: $ Submitted to City Council n 3,�WOI LI Confirmatiori Sent: Initials: City Council Approval: parks\fonns\picnic forms\special use and beer and or wine application - oepr % aaT,rt� pat McHENRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION Contact Person ^,jji�//![� Date of Picnic: Company/Organizatio"I `iCi� n fCIVIe Address: E %cJ % S7-d N!s / City/State/Zip:' t/ / Home Phone: S/J :33 - Work/Cell Phone: Park: ❑ Knox Park (A only) ❑ Petersen Park Veteran's Memorial Park Area: pshelter A helter B ❑ Shelter C if Other: Arrival Time: �L'DJ ivy fi eparhlre Time: O' �'%�j Total Number Attending: 76/� Falsifying attendance numbers will result in loss of deposit. Groups over 500 must obtain additional: o dumpsters ❑ portable toilets Water, electricity and restrooms are available at all sites. Knox Park A has a portable restroom. Brief description of event (company picnic, car show, craft show, wedding, etc ): �,/G� 1lG List all activities to be held:_ ��T 6741J170E`j Items brought into park site: o Tables ❑ Chairs ❑ Benches ❑ Carnival Rides ❑ Music ❑ Animals ❑ Catered Pig Roast ❑ Other. 4%DA/� -. ❑ Tent: Location In Park: Size; Tent Staked: o yes ❑ no ELECTRICAL FOR TENTS ❑ APPLICANT TO CALL JULIE (1-800-892-0123) TO BE LOCATED ❑ NO ELECTRIC: Shamrock. Will beer/wine be present: o Yes o No IF YOU CHECKED YES, PLEASE ANSWER QUESTIONS BELOW: Indicate then umber of beer/wine permits denied 0 Indicate amount of beer/wine to be brought into the City Park under this permit on above date (number of wine bottles, beer cases, beef' kegs, etc.) 1 agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Special Use and/or Beer/Wink Application(s) and will assume responsibility for any loss, damage or liability arising from the use of the park ro erty. I also �understand�olnPlying with the Park Permit rules will result in loss of deposit, Signature:., Date:/_ 7- Health permits are required bylaw for concessions and catering. Please make arrangements to obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval. Restrictions: i OFFICE USE ONLY * Reservation Fee. *_* $ - * cJ' 3 **Date Paid*%** * F*� *F *Initials. Deposit Fee: $ Payment: ❑ Cash Check ❑ Chase Total Fee: $_ Submitted to City Council: 3 /Lf Confir natiori Sent: Initials: City Council Approval: parks\forms\picnic forms\special use and beer and or wine application McHENRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION Contact Person: Date of Picnic: 7 o� 67 �1 Company/Organization: Address: k D L/ City/State/Zip: %Yd i Home Phone: J-k 57F f 9 D o LOW rk/Cell Ph ? one: /S� 3D Park: ❑ Knox Park (A only) K Petersen Park ❑ Veteran's Memorial Park Area: ' iShelter A ❑ Shelter B ❑ Shelter C ❑ Other L _ Arrival Timer ," /9 D Departure Timer ,' 3 D Total Number Attending S Q Falsifying attendance numbers will result in loss of deposit. Groups over 500 must obtain additional: o dumpsters ❑ portable toilets Water, electricity and restrooms are available at sites. Knox Park A has a portable restroom. Brief description of event (company picnic, car show, craft show, wedding, etc ): 1147&�1 ty k-CIIIIN&W List all activities to be held: Items brought into park site: ❑ Other ❑ Tent: Location [n ELECTRICAL FOR TENTS TO BE LOCATED a chairs ❑Benches ❑Carnival Rides ❑Music ❑.Animals ❑Catered Pig Roast ❑ APPLICANT TO CALL Jl1L1E (1-800-892-0123) ❑ NO ELECTRIC: Shamrock. Tent Staked: ❑yes ❑ no Will beer/wine be present:: Yes o No IF YOU CHECKED YES, PLEASE ANSWER QUESTIONS BELOW:FFF Indicate the number of beer/wine permits denied _Q__. Indicate amount of beer/wine to be brought into the City Park under this permit on above date (number of wine bottles, beer cases, beef' kegs, etc.) ay I agree that all the beer/wide containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. l have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, damage or liability arising from the use of the park property.. I also understand that not complying with the Park Permit rules will result in loss/off deposit. Signature: ./ awn (_J� Q����Lf�TI—p;�— - Date: /%/j Health permits are required by law for concession and catering. Please make arrangements to obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval Restrictions: OFFICE USE ONLY*.*i'****** ***•• ** Reservation Fee: * $ * SSA - - Date Paidk � WI `'t Initials YC/ Deposit Fee: $ C j _ - Payment: - ❑ Cash Checl< Charee Total Fee: $D Submitted to City Counc' .) Confirmation Sent: Initials: - _ City Council Approval: parks\forms\picnic forms\special use and beer and or wine application - McHENRY PARK FACILITIES � I , Contact Person: APPLICATION _Date of Picnic` lll%t City/State/Zip: t\I\ Home Phone: J ; L _. Work/Cell Phone. Park: o Knox P.X only) ❑ Petersen Park 'Veteran's Memorial Pal I< Area: ❑ Shelter A ❑ Shelter B helter C o Other Arrival Time: 1 Departure Time: DTotal Number Attending: Falsifying attendance numbers will result in loss of deposit. Groups over 500 must obtain additional: D dumpsters ❑ portable toilets Water, electricity and restrooms are available at all sites. Knox Park A has a portable restroom. Brief description of event (company picnic, car show, craft show, wedding; etc.): List all activities to be held: Items brought into park sift: D Tables ❑ Chairs ❑ Be?rches ❑ Carnival Rides ❑ Music ❑ Animals ❑ Catered Pig Roast ❑ Other ❑ Tent: Location In Park: Size: Tent Staked: o yes ❑ no ELECTRICAL FOR TENTS o APPLICANT CALL JULIE (1-800-892-0123) TO BE LOCATED ❑ NO EL TRIC:' Shamrock. Will beer/wine be present: D Yes D No IF YOU CHECXES PLEASE ANSWER QUESTIONS BELOW: Indicate the number of beer/wine permits denied . Indicate amount of beer/wine to be brought into the City Park under this permit on above date (number of wine' ottles, beer cases, beef- kegs, etc.) ,7j CASES I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Pen -nit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, damage or liability arising from the use of the park property. I also understand that not complying with the Park Permit rules will result in .loss of deposit. Signature: �Jiii1 « cJ Date: i I �JUf Health permits are required by law for concessions and catering. Please make arrangements to obtain permits. NOTE: Approval will'be based on the items listed above. Any other requests are subject to further approval.' Restrictions: +**+* * *.*L***FOR OFFICE USE ONLY* *+***** * + K+++ Reservation Fee: * *$'Y J Date Paid* **�+ * Initials Deposit Fee: $ - Payment Cash Ei heck (? C rae Total Fee $ Submitted to City Council/ t Confirmation Sent: Initials: City Council Approval: parks\forms\p cnic forms\special use and beer and or wine applicalion - - - Contact Persc McHENRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION Date of Picnic:._ City/State/Zip: WVV.5P -Home Phone: Work/Cell Phone: Park: ❑ Knox Park (A only) voP crsen Park ❑ Veteran's Memorial Park Area: ❑ Shelter A ❑ Shelter B = ❑ Shelter C ❑ Other: Arrival Time: Departure Tlme. CoP Total Number Attencling: Falsifying attendance ncrmhers will result in loss of deposit. Groups over 500 must obtain additional: o dumpsters o portable toilets Water, electricity and restrooms are available at all sites. Knox Park A has a portable restroorn, / Brief description of event (company, picnic, car show, craft show, wedding, etc ): AW o pl6q I List all activities to be held: Items brought into park site: o Tables ❑ Chairs cl-Benches ❑ Carnival Rides ❑ Music ❑ Animals ❑ Catered Pig Roast q Other ❑ Tent: Location In Park: Ize: Tent Staked: o yes ❑ no ELECTRICAL FOR TENTS o APPLICA T C LIE (1- 0-8 - ;) TO BE LOCATED ❑ NO ELECTRIC: Shamrock Will beer/wine be present: o Yes o No IF YOU CHECK 4YES, PLEASE ANSWER QUESTIONS BELOW: Indicate the number of beer/wine permits denied V,1 . Indicate amount of beer/wine to be brought 'Into the City Park under this permit on above date (number of wine bottles, beer cases, beer kegs, etc.) aj58y0� I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site oil the permit date and that no underage or intoxicated person will be allowed to Consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will Comply with the City of McHenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Special Use and/or Beer/Wine Application(s) and will assume responsibility for airy loss, damage or liability arising From Ole use of the park roperty. I al o understand that not complying with the Park Permit rules will result in loss of deposit. Signature: rr( Date:' Health permits are req iced by law for concessions and catering. Please make arrangements to obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval. Restrictions: ********+.** "FOR OFFICE USE ONLY* Reservation Fee: * * $ Date Paid ** ji Initials:L� Deposit Fee: $ oZS Payment. ❑ Cash Check ❑ Charce Total Fee: $ ' Submitted to City Council: . Az4h Confirmation Sent: Initials: City Council Approval: parks\form4icnic ronnslspecial use and beer and or wine application MMENRY PARK FACILITIES SPECIAL /USE AND/OR BEER/WINE APPLICATION Contact Person:. 6 HeroPic f C o m p any /O r g a n ni znat i City/State/Zip: Me o nlc 3 Phone: �rl i' S 78 '8 `l7G Work/Cell Phone:' Park: ❑Knox Park (A only) R?l ersen Park ❑ Veteran's Memorial Park Area: e1teF7X XShelter B // ❑ Shelter C ❑ Other. Arrival Time: f / `l� Departure Time: Total Number Attending:_ Falsifying attendance numbers will result in loss of deposit Groups over 500 must obtain additional: o dumpsters ❑ portable toilets Water, electricity and restrooms are available at all Knox Park A has a portable restroom. Brief description of event (company pic ' ,car show, craft show, wedding, etc ): a " 1 �lLj l 1 (✓ List all activities to be held: Items brought into park o Tab 'es Chairs ❑ Benches ❑ Carnival Rides ❑ Music ❑ Animals ❑ Catered Pig Roast o Other ❑ Tent: Lo Ion In Park: Size: Tent Staked: o yes ❑ no ELEC CAL F ENTS ❑ APPLICANT TO CALL JULIE (1-800-892-0123) TO BE LOCATED ❑ NO ELECTRIC: Shamrock. Will beer/wine be present: o Yes o No * IF YOU CHECKED YES, PLEASEANSWERQUESTIONS BELOW: Indicate the number of beer/wine permits denied Indicate amount of beer/wine to be brought into the City Park under this permit on above date (number of wine bottles, beef- cases, beer kegs, etc.) �2 I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. 1 agree that hone of the beer/wine allowed in the City of McHenry park. pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. 1 have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, damage or liability arising from the use of the park property. I also understand that not complying with the Park Permit rules will result in loss of deposit. Signature: C� ' Date: NOTE: Approval will be based y the Items listed abs and catering. Please make arrangements to obtain permits. Health permits are required b law for concession PP above. Any other requests are subject to further approval Restrictions: OFFICE USE ONLY* Reservation Fee: **$ 55 Date Paid: * *�** Initials Deposit Fee: Payment. - ❑Cash Check ❑ har Total Fee: $ Submitted to City Council: Q(l Confirmation Sent: nitial� s: City Council Approval: parks\forms\picnic forms\special use and beer and or wine appWanun - - or, 717 �SRF�YB EP1{RTNSZ� .: MCHENRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION Contact Person: Mt4tZd / 15 /?kq !) 1�5 / Date of Picni Company/Otrail zati City/State/Zip: 0% y 7L Gm me Phonc: �'/57�- Zz X Z Work/Cell Phone: Park: ❑Knox Park (A only) 4 Petersen Parl< ❑Veteran's Memorial Park Area: ArShelter A ❑ Shelter B ❑ Shelter C ❑ Other: Arrival Time: / 6,e4o Departure Time: 2�z)'PXX Total Number Attending: O Falsifying attendance numbers will result in loss of deposit. } Groups over 500 must obtain additional: o dumpsters ❑ portable toilets Water, electricity and restrooms are available at all sites. Knox Park A has a portable restroom. Brief description of event (company picnic, car show, craft show, wedding, etc.): List all activities to be field: Items brought into park site: o Tables �Chai\ ❑Benches ❑Carnival Rides ❑Music ❑Animals ❑Catered Pig Roast ❑ Other ❑ Tent: Location [n Park: Size: Tent Staked: o yes ono ELECTRICAL FOR TENTS ❑ APPLICANT TO CALL JULIE (1-800-892-0123) TO BE LOCATED ❑ NO ELECTRIC: Shamrock Will beer/wine be present: es" No IF YOU CHECKED YES, PLEASE ANSWER QUESTIONS BELOW: Indicate the number% oPbeer/wine permits denied Andicate amount of beer/wine to be brought into the City Park under this permit on above date (number of wine bottles, beer cases, beer kegs, etc.) I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Pen -nit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, damage or liability arising from the use of the park/ property. 1 also understand that not complying with the Park Permit rules will result in loss of deposit. Signature: i66'�1 t^ "' /�G Date: : 9 z Health permits are required by law for concessions and catering. Please make arrangements topermits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval. Restrictions: + **FOR OFFICE USE ONLY" Reservation Fee: $ * JDate Paid:T*�* *� ** Initials - Deposit Fee: $ - Payment ❑ Cash ❑Check Charge Total Fee: $ Submitted to City Council /y Confirmation Sent: Initials: City Council Approval: parks\forms\picnic forms\special use and beer and or wine application D rssddrsb qIN il �'o I<, »RrMa . McHENRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION �7 / Contact Person: 7 Z Nrl� // (ol{ ( Date of Picnic: Aagl Company/Organization: M%at JHr)12.c. Address, j City/State/Zip:oe uz _ Home Phone: Work/Cell Phone Park: ❑ Knox Park (A only) ❑ Petersen Park ❑ Veteran's Memorial Park Area: o Shelter A ❑ Shelter B ❑ Shelter C n Other Arrival Time: Pjl0C) Departure Time: 051coVtVZ Total Number Attending: �O Falsifying attendance numbers will result in lass of deposit. Groups over 500 must obtain additional: o dumpsters ❑ portable toilets Water, electricity and restrooms are available at all sites. Knox Park A has a portable reses�troom. Brief description of event (company picnic, car show, craft show, wedding, etc ). List all activities to be held: Items brought into park site: o Tables ❑ Chairs ❑ Benches ❑ Carnival RideseAi[Music ❑ Animals o Catered Pig Roast ❑ Tent. Location In Park: Size: Tent Staked: ❑ yes ❑ no ELECTRICAL FOR TENTS ❑ APPLICANT TO CALL JULIE (1-800-892-0123) TO BE LOCATED ❑ NO ELECTRIC Shamrock. ` xr+ xFx*x*+x+_jkdk* x...., Will beer/wine be present: o TesPVo IF YOU CHECKED YES, PLEAS ANSWER QUESTIONS BELOW ._ LL Lill, Indicate the number of beerI Lill /wine permits denied Indicate ount of beer/wine to be brought into the City Park under this permit on above date (number of wine bottles, be - cases, beer kegs, etc.) I agree that all the beer/whie containZremovedbe removed b pplicant or placed in proper containers on site on thepermit date and that no underage or intoxicatn will be a wed to consume any of the beer/wine brought into theCity of McHenry park under this permit. I agnone of to beer/wine allowed in the City of McHenry park pursuantto this application will be sold, it being undeat th sale of beer/wine under this permit issued pursuant toapplication is expressly prohibited. Ihave rei comply with the City of McHenry Park Permit rules.` I have read and understand the rules lations that have been set forth bythe City of McHenry regar n1 S c' pe ial Use and/or Beer/Wine A pplication(sll assume responsibility forany loss, damage orthe use of the park property. I also iinderstant coin I in with the Park Permit rules will result nt 1 s of Py g 7 Signature71 16 i I 'IDate Health permits are required by law for concessions and catering. Please make arrangemen i aAta'ti k� , NOTE: Approval will be based on the items listed above. Any other requests are subdect o furthea p - Restrictions:I'll Lill e FOR OFFICE USE ONLY *****: * * • *"�`$ Reservation Fee: $ �1� Date Paid Deposit Fee: $ Total Fee. X $ Sulni, ed o i r Confirmation Sent: L Initials ILI Clty Coun) r �c parks\forms\picnic forms\special use and beer and of wine applicar on , s.� illse Ifni k �. mz 77 /- HR7MF' McRENRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION Contact Person: Date of Picnic: Company/Organization: Address: /0/ L2 1J; /2 City/State/Zip:R"��-I 4 r�-1 - � A s ' j 3 � 4 Work/Cell Phone: S I A2 9 (J�4 GSolLome Phone: Park: ❑ Knox Park (A only) VPetersen Park ❑ Veteran's Memorial Park Area: �ielter A - _ ❑ Shelter C n Other. Arrival Timer /dl' c Departure Tinie: 2 .7� Total Number Attending: � S Falsi ying attendance numbers will result in loss of deposit. Groups over 500 must obtain additional: o dumpsters ❑ portable toilets Water, electricity and restrooms are available at all sites. Knox Park A has a portable restroom. Brief description of event (company icnic, car show, craft show, wedding, i L L r List all activities to be held: Items brought into park site: o Tables fkChairs ❑ Benches ❑ Carnival Rides ❑Music ❑ Animals ❑ Catered Pig Roast ❑ Other Bc) raii,a) e 74i F4i7-'r�v-; - I�-ng-�r ❑ Tent`. Location In Park: Size:' Tent Staked: o yes ❑ no ELECTRICAL FOR TENTS ❑ APPLICANT TO CALL JULIE (1-800-892-0123) TO BE LOCATED ❑ NO ELECTRIC Shamrock Will beer/wine be presentc*a Yes o No IF YOU CHECKED YES, PLEASE ANSWER QUESTIONS BELOW Indicate the number of beer/wine permits denied CD ' . Indicate amount of beer/wine to be br`otight into the City Park under this permit on above date (number of wine bottles, beer cases, beef- kegs, 5�TrZ I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on ite on the A v?A permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this perinit. I agree that none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, damage or liability arising from the use of the park prop I also understand that not col :plying with the Park Permit mules will result in loss of deposit. Signature: Date: /' av Health permits are required by law for concessions and catering. Please make arrangements to obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval. Restrictions: ***+:.FOR OFFICE USE ONLY**********' Reservation Fee. $ Date Paid %**I£ .. ** Initials:l} Deposit Fee: $ Payment. ❑ Cash ❑ Check C.harae Total Fee: - $ - Submitted to City CounciI7&AftC'V t 021 Confirmation Sent: Initials: City Council Approval: parksWerjus\picnic rorms\special use and beer and or wine application - - MCHENRY PARK FACILITIES \\ SPECIAL USE AND/OR BEER/WINE APPLICATION Contact Person: cJ Q Vv CnS mo.vo 2.05 Date of Picnic: Company/Organization: Address: ZZ8 S 6�pnleoa k : or City/State/Zip:c )i eu✓y..L/ `ogo Home Phone: 5/`I - 770- J2-7 2 Work/Cell Phone: i Park: ❑ Knox Park (A only) k'Petersen Park ❑ Veteran's Memorial Park Area: ❑ Shelter A ❑ Shelter B X Shelter C it Other: — Arrival Time: 162� Departure Time: Total Nu ber Attending:_ Falsifying attendance numbers will result in loss of deposit. Groups over Soo must obtain additional: itdumpsters ❑portable toilets Water, electricity and restrooms are available at all sites. 1<110x Park A has a portable reostrQoom. Brief description of event (company picnic, car show, craft show, wedding, etc.): W ��J n ti List all activities to be held: C o e Items brought into park site: Tables Chairs ❑ Benches ❑ Carnival Rides Music ❑ Animals ❑ Catered Pig Roast ❑ Other =— ❑ Tent: Location In Paris Size: Tent Staked; o yes ❑ no ELECTRICAL FOR TENTS❑APPLICANTTOCALL JULIE (1-800-892-0123) TO BE LOCATED ❑ NO ELECTRIC: Shamrock Will beer/wine be present: o Yes vo IF YOU CHECKED YES, PLEASE ANSWER QUESTIONS BELOW: Indicate the number of beer/wine permits denied In ate amount of beer/wine to be brought into the City Park under this permit on above date (number of wine bottle eer cases, been kegs, etc.) I agree that all the beer/wine containers will be remov by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person wl . e allowed to consume any of thebeer/wine brought into the City of McHenry park under this permit. I agree that Ine of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understoo J t1 at the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read id will comply with the City of McHenry Park Permit rules. I have read and understand the rule nd regulations that have been set forth by the City of McHenry regarding the Special Use and/or Beer/Wine Applicati (s) and will assume responsibility for any loss, damage or liability arising from the use of the par I also imd'erstand that not complying with the Park Permit rules will resultinloss of deposit. Signature: Date: Health permi equi 4ed by law for concessions and catering. Please make arrangements to obtain permits. NOTE: A val will be based on the items listed above. Any other requests are subject to further approval. icesrncuous: - *a+*.«ea+:+�+.-- ReservationFee-* $ -K*+�* - Date Paid:_-**� Inmals*� Deposit Fee: $ `^ Payment: - ❑ Cash ❑ Checl< Vliarie Total Fee: Submitted to City Council'-% 4:Lh !zr 'Gllf� Confirmation Sent: Initials: City Council Approval: parksWerms\picnic forms\special use and beer and or wine application �Q >ttro A a bq /C)/, /I q Epa T, y MCHENRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION Contact Person "-'ICt12 1iAA) Date of,Riseic: Company/Organization.Sniv,i 1%iyicswl iS Phu Address S-Zf\14 illa:14�w, Ca « ek' ,;iv C City/State/Zip: % Home Phone S 3 4 LI— 2S Oj' .Work/Cell Phone. ,YIS� 30 Park ❑Knox Park (A only) ❑Petersen Park )Q Veteran's Memorial 1'21k Area: ❑ Shelter A ❑ Shelter B ❑ Shelter C ri Other: Arrival Departure Time: (L3G Total Number Attending: G Falsifying attendance nunzilers will result in loss of deposit, Groups over 500 must obtain additional: o dumpsters ❑ portable toilets Water, electricity and restrooms are available at all sites. Knox Park .A has a portable restroom. Brief description of event (company picnic, car show, craft shove, wedding, etc.): z I i e 0 r a�- l L ru L- Listall activities tobeheld: /,laIir rJjoI i (chly `i✓a61, � �T� C a l S_ iz ur-e Items brought into park site: pk Tables �R Chairs ❑ Benches ❑ Carnival Rides �c Music o Animals ❑ Catered Pig Roast Other (1, f 4.. n c Ts-a-1 � r T a—T( c "t� � 's d c Ki s e o'Tent: Location In Park: i; �nST Syc`Ciow Size: /0xi0 4 12 t b Tent Staked: ❑ yes no ELECTRICAL FOR TENTS ❑ APPLICANT TO CALL JULIE (1-800-892-0123) TO BE LOCATED ❑ NO ELECTRIC: Shamrock. Will Ueer/wive he present: e Yes �jNo} IF YOU CHECI{ED YES, PLEAS$?ANSWER QUESTIONS I3ELOW:x .. Indicate the number of beer/wine permits denied Indicate ainount of beer/wine to be brought into the City Park under this permit on above date (number of wine bottles, beer . ases, beer kegs, etc.) 1 agree that all the beer/wine containers will be removed applicant or placed in proper containers on site on the permit date and that no tuiderage or intoxicated person will be b owed to consume any of the beer/wine bmught inin the City of McHenry park under this permit. I agree that none gk(he beer/wine allowedin the City of McHenry park, pursuant to this application will be sold, it being understood that tlfe sale of beer/wine under this permit issued pursuant to this application is expressly prohibited I have read and III comply with the City of McHenry Park Permit rules.' I have read and understand the rules all eoulations that have been set forth by the City of McHenry t egard ma the `. Soecial Use and/nr RP.Pr/WmP Annwill cols. o eay.. Ilnu. i ..Jc McHENRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION � L Contact Person: jam ( \��\UyS61 \ Date of Piiccnic:IC)__.�_ _.. Company/Organization`: Address: �� 1 (� r t�' t ty`\C `� S-L-_ City/State/Zip: C-1 afCk J�L Home Phoiie:(S15)c2&1'9` 7- Wor Cell Phone:(3/535 3 37-59 (oCX>r. �Q Park: ❑ Knox Park (A only) ❑ Petersen Park 'e Veteran's Memorial Park Area: ❑ Shelter A ❑ Shelter B ❑ Shelter C u Other: Arrival Time:. j(jCT Departure Time: y=(ym Total Number Attending: /CCi /�75 Fnlsifyiag atie udmice uuruGers will result ira loss of deposit. Groups over 500 must obtain additional: o dumpsters ❑ portable toilets Water, electricity and restrooms are available at all sites. Knox Parl< A has a portable restroom. Brief description of event (company, picnic, car show, craft show, wedding, etc_);_ (,U Co(��i � A List all activities to be held: Items brought into park site: F'fables m'Chairs ❑ Benches ❑ Carnival Rides 2eMusic ❑ Animals ❑ Catered Pig Roast V'Other -I e k 'Tent: Location In ELECTRICAL FOR TENTS TO BE LOCATED ❑ APPLICANT TO CALL JULIE (1-800-892-0123) Tent Staked: ®'yes' ❑ no K***r;***�;k;,,r,;;+k,x,* *;*;;:x+*+;;�,Kxx�;,��r;,xr��;.;,,xx�r«,+x;,,:;x�:xr;,:;.rr�;�;:.,...x;: Will beer/wine be present: o Yes o No IF YOU CHECKLI YES, PLEASE ANSWER QUESTIONS BELOW: Indicate the number of beer/wine permits denied . Indicate amount of beer/wine to be brought into the City Park under this permit on above date (number of wine bottles, beer cases, beer kegs, etc.), Y , /'� r' 171 I agree that all the beer/wine containers will be removed by applicant or placed in proper co alders on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Pennitrules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the Special Use and/or Beer/Wine Application(s) and will assume responsibility for any loss, damage or liability arising from the use of the parkRropei-ty. I also understand that not complying with the Park Permit rules will result in loss of deposit. Signature: GZIa COMM Dater /Z7 //y Health pet nits are required by law for concessions and catering. Please make arrangements to obtain permits. NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval. T'" **FOR OFFICE USE ONLY***�*�*^,+ Reservation Fee: $ *�i(.!'� Date Paid:_ Init als Deposit Fee: Payment _❑ Cash ❑ Check JCharuc Total Fee: $ - Submitted to City Council: 1 / Confirmation Sent: Initials: City Council Approval: pads\forms\picnic forms\sspecial use and beer and or wine application REGULAR MEETING January 20, 2014 Mayor Low called the regularly scheduled January 20, 2014 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Blake, Wimmer and Condon. Absent: Peterson. Also in attendance: City Administrator Morefield, Deputy City Administrator Martin, Deputy City Administrator Hobson, Deputy Chief of Police Birk, Superintendent of Streets Stull, Director of Finance Lynch and City Clerk Jones. Absent: Director of Public Works Schmitt, Chief of Police Jones and City Engineer Pieper. Mayor Low announced that special awards would be presented this evening before Council. Mayor Low introduced Deputy Chief Birk, Deputy Chief Birk introduced Officer Michael Spohn and presented Officer Spohn with the Life Saving Award. Officer Spohn performed CPR on an individual on September 29, 2013, and in so doing a human life was saved. The gentleman whose life Officer Spohn saved, together with his daughter, was in attendance to express their gratitude and thank Officer Spohn, Officer Spohn stated that he was only performing that which he is trained to do and he is proud to represent the City of McHenry. Deputy Chief Birk then introduced nine-year old Joshua Charnota and his family. When a fire erupted at his home on December 3, 2013 at 1:19 am, Joshua applied correct Fire Safety Rules when upon discovering the fire he awakened his Mother, telephoned 911 and calmly assisted in the evacuation of his sister and brother. Deputy Chief Birk presented Joshua with the Citizen's Citation for Meritorious Service. Mayor Low congratulated both recipients, stating it is a pleasure to have presentations provided to such well -deserving individuals. PUBLIC INPUT SESSION No one spoke at Public Input Session. CONSENT AGENDA A. Acceptance of Cross -Access Easement Agreements for Property Donated to the City of McHenry by the Novak and Miller Families to Facilitate Construction of the Riverwalk; B. Approval of an Ordinance Authorizing the Sale of Public Property (Eight Vehicles and One Asphalt Paver) Through Clinton Auto Auction; C. Approval of November 4, 2013 City Council meeting minutes; D. Approval of November 18, 2013 City Council meeting minutes; E. Approval of December 2, 2013 City Council meeting minutes; and F. List of Bills: ACE HARDWARE, BJORKMAN'S 2,945.56 ADAMS ENTERPRISES INC, R 2,876.48 ADAMS STEEL SERVICE INC 268.B7 ADLER, LEIGH 45.00 AFELD, GARY 475.00 AIRGAS SAFETY INC 118.96 AMERICAN HEATING & COOLI 400.00 AMERICAN WATER WORKS ASS 635.00 Regular Meeting Page 2 January 20, 2014 AT&T 2,020.10 AUTO TECH CENTERS INC 159.18 BONNELL INDUSTRIES INC 61016.34 BOTTS WELDING & TRUCK HE 36.38 BROOKS, DEBRA 43.08 BRONSWICK ZONE XL-RANDAL 335.00 BUSS FORD SALES 78,548.20 CDW GOVERNMENT INC 92.00 CENTEGRA OCCUPATIONAL FIE 359.90 CHICAGO CHAIN & TRANSMIS 2f055.62 CHICAGO INTERNATIONAL TR 4,363.54 C INTAS CORPORATION LOG 3 451.58 COLUMBIA PIPE & SUPPLY C 861.08 COMCAST CABLE 238.74 COMED 41563.56 CONSTELLATION NEWENERGY 12,415.22 CRESCENT ELECTRIC SUPPLY 360.34 CRITICAL REACH 395.00 D'ANGELO NATURAL SPRING 40.75 DEWBERRY ARCHITECTS INC 2,046.41 DIRECT ENERGY BUSINESS 566.33 DOCUMENT IMAGING DIMENSI 821.00 DORA WAX COMPANY INC, TH 67.45 E D'S AUTOMOTIVE/JIM'S MU 246.50 EJ USA INC 624,00 FOX WATERWAY AGENCY 40.00 FRY, ROBERT J 109.48 FUTURE LINK OF ILLINOIS 4,385.00 G & E GREENHOUSES INC 123.50 G IMPRESSIONS INC 207.00 GAMETIME 649.27 GORDAN, SANDRA 51.76 HAWKINS INC 21376.08 HERITAGE -CRYSTAL CLEAN L 320.33 HRGREEN 77,838.28 I LLINOIS AUDIO PRODUCTIO 135.00 I RISH PRAIRIE RECREATION 1,325.00 KALE UNIFORMS DEPTH 4030 1,156.71 KIMBALL MIDWEST 11031.09 KIWANIS CLUB OF MCHENRY 63.00 LEXISNEXIS 114.00 LILLEENG, MICHAEL D 2,400.00 MARATHON TOWING 40.00 MDANDIFY & SEMROW PC 187.50 MDIANN INDUSTRIES INC 95,47 MCHEERY ANALYTICAL WATER 300.00 MCHENRY COMMUNITY SCHOOL 666.75 MCHENRY COUNTY CHIEFS OF 45.00 MCHEERY COUNTY RECORDER 432.00 MCHENRY FIRESTONE 437.18 MERWIN, BENJAMIN J 800.00 MEYER MATERIAL COMPANY 134.26 MEYER, JON 200.00 MID AMERICAN WATER OF WA 714.10 MIDWEST HOSE AND FITTING 314.52 MUNICIPAL FLEET MAINTENA 30.00 NAPA AUTO PARTS MPEC 3,392.36 NCL OF WISCONSIN INC 61931.14 NEUMANN JR, EDWARD J 500.00 N ICON GAS 2,646.88 NORTH AMERICAN SALT COMP 64,658.47 OTTOSEN BRITZ KELLY COOP 31685.50 P ETROLIANCE CDC 18,852.04 PETTIBONE & CO, P F 125.95 P ITNEY BOWES INC 562.40 PORTER LEE CORPORATION 1,207.00 PROSHRED SECURITY 53.00 PUCHALSKI GOODLOE MARZOL 800.00 RELIABLE SAND & GRAVEL 312.21 REX AUTO BODY 5,181.06 Regular Meeting Page 3 January 20, 2014 ROTARY CLUB OF MCHENRY 299. 00 SAM'S CLUB 8.98 S CHAFER, PAT 24.46 S CHWALENBERG, RYAN 15.00 SIGN A RAMA 187.50 ST PAULS EPISCOPAL CHURC 190.80 S TANS OFFICE TECHNOLOGIE 179.00 STAPLES ADVANTAGE 322.77 S TEINER ELECTRIC COMPANY 375.68 S YNEK, JENNIFER 8.00 TEMPLE DISPLAY LTD 21,192.73 THIRD MILLENNIUM ASSOCIA 995.00 THRIVENT FINANCIAL - FBO 6,935.44 TRAFFIC CONTROL CORPORAT 65.67 US BANK EQUIPMENT FINANC 135.00 USA BLUEBOOK 527.07 VERIZON WIRELESS 1,998.93 VIKING CHEMICAL COMPANY B,749.56 WASTE MANAGEMENT OF WI P 8,244.43 WHITEYS TOWING INC 125.00 ZUKOWSKI ROGERS FLOOD & 13,140.00 GRAND TOTALS 394,212.48 FUND TOTALS GENERAL FUND 99, 694.95 MOTOR FUEL TAX FUND 116,942.05 TIF FUND 375.00 RECREATION CENTER FUND 2,046.41 CAPITAL IMPROVEMENTS FUND 17,744.86 CAPITAL EQUIPMENT FUND 78,537.00 WATER/SEWER FUND 5B,507.13 RISK MANAGEMENT FUND 6,174.23 INFORMATION TECHNOLOGY FUND 7,580.25 RETAINED PERSONNEL ESCROW 4,225.66 POLICE PENSION FUND 7,435.99 TOTALS 394,212.48 Motion by Wimmer, seconded by Condon, to approve the Consent Agenda as presented. Voting Aye: Schaefer, Blake, Wimmer, Condon. Voting may: Glab. Absent: Santi, Peterson. Motion carried. APPROVAL OF A REQUEST FROM CENTEGRA TO PERMIT THE EXPANSION OF AN EXISTING FREESTANDING DEVELOPMENT ENTRANCE SIGN FOR THE MEUER/HOME DEPOT SHOPPING CENTER LOCATED AT BLAKE BOULEVARD AND NORTH RICHMOND ROAD TO ADVERTISE THE NEW CENTEGRA IMMEDIATE CARE FACILITY AT 2511 NORTH RICHMOND ROAD Deputy City Administrator Martin informed Council that Centegra recently leased space at 2511 North Richmond Road in the Meijer/Home Depot Shopping Center and plans to open an immediate care facility in February adjacent to their rehabilitation center, which is immediately north of Home Depot. Centegra initially desired to construct two sign additions advertising their immediate care facility, one attached to two of the existing development entrance signs associated with Regular Meeting Page 4 January 20, 2014 the shopping center at Blake Boulevard and Richmond Road, and one also at the right-in/right out access roadway immediately north of The RoomPlace. The two sign additions required three variances from the City's sign ordinance. The existing Meijer/Home Depot Shopping Center has three development entrances and seven outlot signs. Variances permitting those signs were approved by Council in 2001, Staples, Meijer and Home Depot are the only stores with advertising space on the three development entrance signs. There are seven outlots in the shopping center, each of which has their own freestanding sign, from north to south - Wendy's, Chili's, The RoomPlace, McHenry Bank and Trust, Meijer Gas Station and Fifth Third Bank. When evaluating Centegra's request for the sign addition at Richmond Road and access driveway adjacent to The RoomPlace, Staff determined any sign addition would encroach onto the existing utility easement. In accordance with the approved Plat of Subdivision, obstructions cannot be placed within the easement. The sign that Centegra is proposing at the southwest corner of Blake Boulevard and Richmond Road only requires a variance to allow an additional 50 square feet. As depicted on the approved Plat of Subdivision, there are two existing easements in close proximity to the current development entrance sign. Additionally, as a result of previously completed roadway improvements at the intersection of Blake Boulevard and Richmond Road, the Plat of Subdivision does not accurately reflect the current Richmond Road right-of-way configuration and Staff provided Council with an exhibit that more closely represents the actual right-of-way, as it is today. As part of the initial variance request to permit additional signage, Staff requested that Centegra notify The RoomPlace, current tenant of the occupied building at 2221 North Richmond Road, of their intention to seek the requested variances. Staff was concerned any addition to the sign at the right-in/right-out could hinder the view of a portion of The RoomPlace store. Subsequently, Staff received letters from the property owner, together with the attorneys representing property owners at 2221 North Richmond Road, BLDG Illinois LLC and TRP Acquisition Inc. d/b/a The RoomPlace, objecting to Centegra's variance requests. Staff believes Centegra has satisfied the required criteria and supports the addition to the freestanding development entrance sign located at the southwest corner of Richmond Road and Blake Boulevard. Representatives for The RoomPlace and the property owner believe the proposed signage addition, including the one currently being proposed, would obstruct sight lines to The RoomPlace building and the existing sign. Staff does not agree the proposed addition to the development entrance sign at Blake Boulevard and Richmond Road would adversely impact sight lines to The RoomPlace. If Council concurs with the proposed request to permit the expansion of the freestanding development entrance sign for the Meijer/Home Depot Shopping Center Regular Meeting Page 5 January 20, 2014 advertising the Centegra Immediate Care Facility, located at 2511 N. Richmond Road, it is recommended a variance be approved to allow an additional 50 square feet of signage be constructed and attached to the existing development entrance sign at Richmond Road and Blake Boulevard, subject to the following conditions: 1. Sign addition shall not exceed 50 square feet in area/side; 2. No part of the proposed Centegra sign addition shall be located in or protrude into any portion of any easement; 3. As part of the sign permit requirements and condition for sign permit review, Centegra shall submit a stamped/sealed signed survey from a currently licensed, registered land surveyor depicting the exact location of the proposed sign addition, including any and all recorded easements adjacent thereto, width and location, the dimensions/location of the existing development entrance sign at Blake Boulevard and Richmond Road and exact distance from the current Blake Boulevard south right-of-way line and western Richmond Road right-of-way lines; 4. The Centegra Rehabilitation Facility, currently located in the Meijer/Home Depot Shopping Center, shall not be permitted to have any type of freestanding signage at any point in the future; and 5. No additional signage on an existing freestanding sign associated with the Meijer/Home Depot Shopping Center, other than the 50 square feet currently proposed to add on to the development entrance sign at Blake Boulevard and Richmond Road, shall be permitted at any point in the future on the subject property. Deputy City Administrator Martin advised Council that he received an a -mail from the attorney representing The Room Place withdrawing their objection to the signage. Alderman Santi arrived at 7:40 pm. Colleen Baader, Centegra Health System Project Manager, addressed Council. She stated that the proposed Immediate Care Facility's location is not easily seen or accessible from Route 31. Due to this hardship, Centegra feels it is imperative to have signage on Route 31 to improve the community's access to the Immediate Care Facility and which would direct community members to the Facility. Ms. Baader noted that Centegra's Immediate Care Facility would give the community quicker access to urgent care needs. Alderman Glab noted that he has seen no documentation from Meijer approving the requested signage. Deputy City Administrator Martin stated the information was received from Meijer's Corporate Office and is in the file. Alderman Glab opined the sign is rather large and that he would prefer a small sign. He stated that he feels the larger sign blocks the sight lines of the Meijer Gas Station and he finds it difficult to support the proposed sign. Regular Meeting Page 6 January 20, 2014 Alderman Condon stated she is not a proponent of variances and signage, but this is a request for signage for an immediate care facility. Alderman Condon stated that it is important that the sign is visible. She opined that the request is appropriate and makes good sense. Motion by Schaefer, seconded by Wimmer, approving the sign variance request for Centegra Immediate Care Center, located at 2511 North Richmond Road, with the following conditions: 1. Sign addition shall not exceed 50 square feet in area/side; 2. No part of the proposed Centegra sign addition shall be located in or protrude into any portion of any easement; 3. As part of the sign permit requirements and condition for sign permit review, Centegra shall submit a stamped/sealed signed survey from a currently licensed, registered land surveyor depicting the exact location of the proposed sign addition, including any and all recorded easements adjacent thereto, width and location, the dimensions/location of the existing development entrance sign at Blake Boulevard and Richmond Road and exact distance from the current Blake Boulevard south right-of-way line and western Richmond Road right-of-way lines; 4. The Centegra Rehabilitation Facility, currently located in the Meijer/Home Depot Shopping Center, shall not be permitted to have any type of freestanding signage at any point in the future; and 5. No additional signage on an existing freestanding sign associated with the Meijer/Home Depot Shopping Center, other than the 50 square feet currently proposed to add on to the development entrance sign at Blake Boulevard and Richmond Road, shall be permitted at any point in the future on the subject property. Voting Aye: Santi, Schaefer, Blake, Wimmer, Condon. Voting Nay: Glob. Absent: Peterson. Motion carried. APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MCHENRY AND VILLAGE OF PRAIRIE GROVE FOR COMMERCIAL AND RESIDENTIAL PLAN REVIEW AND INSPECTION SERVICES Deputy City Administrator Martin informed Council that he and City Administrator Morefield met with the Village Administrator for Prairie Grove, Jeannine Smith, to discuss the potential for the City of McHenry to provide plan review and inspection services for the Village of Prairie Grove, Currently, Prairie Grove uses an outside consultant to do all their building and plumbing related inspections, but is seeking an alternative option. Regular Meeting Page 7 January 20, 2014 For the upcoming year, Ms. Smith anticipates Prairie Grove would issue approximately 50-60 minor permits, 3-4 new home permits and 1-2 commercial permits. At this time, Prairie Grovels primary interest is to utilize the City's Community and Economic Development Department Inspectors for plan review and inspection services for building only. Prairie Grove already has an outside plumbing contractor, which they intend to continue to use. Prairie Grove's code enforcement/property maintenance needs are not great at this time, however, they are in the midst of setting up an administrative adjudication system similar to the one utilized by the City of McHenry for municipal code violations. Deputy City Administrator Martin outlined the proposed Intergovernmental Agreement formulated with the Village of Prairie Grove, authorizing the City of McHenry to provide plan review and inspection services to the Village of Prairie Grove on an as -needed basis. The hourly rates proposed are sufficient to cover City employee time and Staff believes there would be no decrease in service to City residents and the additional workload placed on the Community and Economic Development Department would be minimal, with no adverse impact. He noted that the way the Agreement is structured creates no binding commitment if any unforeseen issues arise in the future, whereby the City could no longer offer the services outlined to the Village of Prairie Grove. Deputy City Administrator Martin informed Council that the Intergovernmental Agreement has been reviewed by the City Attorney, Alderman Glab opined that the Agreement should not be open-ended and suggested it be reviewed annually, or at least every two years. Mayor Low stated that membership in the McHenry County Council of Governments provides opportunities to the member municipalities. She opined that communities being in a position to assist each other during difficult economic times is a good thing. Motion by Santi, seconded by Wimmer approving the Intergovernmental Agreement between the City of McHenry and the Village of Prairie Grove for Commercial and Residential Plan Review and Inspection Services. Voting Aye: Santi, Glab, Schaefer, Blal<e, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. APPROVAL OF AN ORDINANCE AUTHORIZING EXECUTION OF A BOARDWALK IMPROVEMENTS EASEMENT AGREEMENT BETWEEN THE CITY OF MCHENRY AND MCHENRY VILLA LOCATED AT 3516 WAUKEGAN ROAD CONVEYING LEGAL RIGHT TO THE CITY OF MCHENRY TO RECONSTRUCT, INSTALL AND MAINTAIN THE RIVERWALK IRRIGATION SYSTEM LIGHTING, WALKWAYS AND GAZEBO Director Morefield informed Council that the McHenry Villa, located at 3516 Waukegan Road, is currently being sold to a new owner, however, the use of the property will be Regular Meeting Page 8 January 20, 2014 maintained as it is currently. In completing due diligence for the property purchase it was discovered that some of the improvements associated with the McHenry Riverwalk, located along the north property line, are located outside of the original area deeded to the City of McHenry from the current owner of the property, Maureen Annamaree. Director Morefield reiterated to Council that in April 2006, a sidewalk easement was dedicated to the City of McHenry to construct the Riverwalk, as well as a construction easement. In December 2006 that easement area was deeded to the City from Ms. Annamaree. Staff has been working with Mr. Tom Zancl<, Ms. Annamaree's attorney; HR Green; the City Attorney; and the Buyer's attorney to come to some resolution of this issue. Ms. Annamaree has agreed to dedicate the necessary area, in the form of an easement to the City of McHenry, similar to the ones acquired from Dave Miller and Bob Novak on Riverside Drive. HR Green is going to provide a legal description and Plat of Easement, encompassing the land area required for the Riverwalk improvements, but currently located on the McHenry Villa property, at no cost to the City of McHenry. The Easement Agreement conveys the legal right to the City of McHenry to reconstruct, nstall and maintain the Riverwalk irrigation system, lighting, walkway and gazebo. The Easement is perpetual and will run with the property. Alderman Glab opined that Ms. Annamaree has been a good steward of the property and regrets that it is being sold. Motion by Schaefer, seconded by Santi, approving the Ordinance authorizing the Mayor's execution of a Boardwalk Improvements Easement Agreement between the City of McHenry ("Grantee") and Chicago Land Trust as Successor Trustee to Harris Trust and Savings Bank, as Trustee of a Trust Agreement dated May 7, 1990, and known as Trust 94734 (McHenry Villa)("Grantor") be approved, subject to review by the City Attorney. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low informed Council that earlier in the evening she attended services for John Shay. She noted Mr. Shay's many accomplishments in the community and extended public condolences to the family. Mayor Low noted that also in attendance at the service were Alderman Condon, Alderman Santi and Alderman Schaefer. COMMITTEE REPORTS There were no Committee Reports. Regular Meeting Page 9 January 20, 2014 STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Condon mentioned an incident a resident shared with her that allegedly occurred on New Year's Eve. She stated she recognizes the weather was bad that night and snow removal was taking place, but she was told tickets had been given out by the Police Department to individuals attending a private party because they were parked in the street. Alderman Condon opined because it was a celebratory evening some consideration might have been given to the residents. EXECUTIVE SESSION Motion by Wimmer, seconded by Blake, to adjourn to Executive Session to discuss Potential Litigation at 8:20 pm. Voting Aye: Santi, Glab, Schaefer, Blal<e, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Motion by Wimmer, seconded by Santi, to return to Open Session at 8:30 pm. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Council returned to Open Session at 8:30 pm. ADJOURNMENT Motion by Wimmer, seconded by Blake, to adjourn the meeting at 8:30 pm. Voting Aye: Santi, Glab, Schaefer, Blal<e, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. The meeting was adjourned at 7:55 pm. Mayor City Clerk MCHENRY CITY COUNCIL REGULAR MEETING February 17,2014 The regular meeting of the McHenry City Council was called to order by Mayor Susan Low at 7:30 PM on Monday, February 17, 2014, in the Municipal Center Council Chambers. COUNCIL MEMBERS PRESENT: Aldermen Geoff Blake, Geri Condon, Andy Glab, Robert Peterson, Victor Santi, Jeffrey Schaefer, and Richard Wimmer. COUNCIL MEMBERS ABSENT: City Clerk Janice Jones. STAFF PRESENT: City Administrator Derik Morefield, Deputy City Administrator Doug Martin, Deputy City Administrator Bill Hobson, Public Works Director Jon Schmitt, Deputy Police Chief John Birk, Finance Director Carolyn Lynch, City Attorney David McArdle, and Executive Assistant Marci Geraghty. OTHERS PRESENT: Russell Ruzicka, City of McHenry Wastewater Superintendent and City Engineers Chad Pieper and Ed Coggin, HR Green, Inc. PUBLIC INPUT SESSION None. CONSENT AGENDA Motion by R. Wimmer, second by G. Condon to approve the Consent Agenda as presented. A. Approve a request from the McHenry Area Chamber of Commerce for a temporary use and sign permit for the annual Business Expo on March 15'h at West Campus High School; B. Approve a request from the McHenry Cobras Baseball Association for a temporary sign permit advertising a fundraiser at the McHenry Moose Lodge on Much I"; C. Approve a request from Letizia Financial Group for special use and temporary sign permits and waiver of associated fees for the annual Back to Family Outdoor Movie Night in Veterans Memorial Park from September 5 thru 26"; D. Approve a request from Letizia Financial Group for special use and temporary sign permits and waiver of associated less for the annual Green Street Cruise Night from ,June 9`h thru September 29`h; E. Approve a request for a special event liquor license for The Church of Holy Apostles, 5211 Bull Valley Road for annual Mardi Gras Dinner/Dance fundraiser; P. Approval of January 6, 2014 Committee of the Whole meeting minutes; G. Approval of January 6, 2014 Regular City Council meeting minutes; H. Approval of As Needed Checks: AT&T 101.20 BANKCARD PROCESSING CENT 5,306.30 BLUE CROSS BLUE SHIELD O 1317771.99 BUSS FORD SALES 37,494.00 CGS-NIU 35.00 COMCAST CABLE 174.75 COMED 65.02 DIRECT ENERGY BUSINESS 215093.57 FOP UNITS 1/11 2,021.00 IUOE, LOCAL ISO 55779.68 KIMBALL MIDWEST 13043.32 LEGALSHIELD 64.75 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 192.00 POSTMASTER MCHENRY IL 3,300.00 RESERVE ACCOUNT 1,089.27 RYAN LANNING 290.00 SCHATZ, DONALD 195.00 UNITED PARCEL SERVICE 153.13 GRAND TOTALS 210)212.31 FUND TOTALS GENERAL FUND 39,085.44 CAPITAL EQUIPMENT FUND 37,494.00 WATER/SEWER FUND 427.28 McHenry City Council February 17, 2014 Page 2 of 7 EMPLOYER INSURANCE FUND 131,771.99 INFORMATION TECHNOLOGY FUND 843.60 RETAINED PERSONNEL ESCROW 290.00 POLICE PENSION FUND 300.00 TOTAL 210,212.31 Approval of List of Bills: AALTO, BRIAN 14.44 ACE HARDWARE, WORKMAN'S 2,380.28 ACE TOWING & RECOVERY 150.00 ADAMS ENTERPRISES INC, R 398.16 ADAMS, SAMANTHA 258.13 ADVANTAGE BEHAVIORAL HEA 13287.00 ADVANTAGE MECHANICAL INC 520.00 AMERICAN HEATING & COOLI 253.00 APWA - ILLINOIS PUBLIC S 695.00 ARCO MECHANICAL EQUIPMEN 15350.00 AT&T 23076.47 B&W CONTROL SYSTEMS INTE 240.00 BAKER & SON CO, PETER 965.00 BANK OF NEW YORK MELLON, 428.00 BANKCARD PROCESSING CENT 69046.95 BAXTER & WOODMAN 31006.25 BOLGER, WILLIAM1 395,00 BONNELL INDUSTRIES INC 304.15 BOTTS WELDING & TRUCK SE 32.00 BPH PUMP & EQUIPMENT INC 729.60 BSN SPORTS INC 219.68 BUSS FORD SALES 357.69 CARY COMPANY. THE 671.24 COW GOVERNMENT INC 169.01 CENTEGRA OCCUPATIONAL HE 290.10 CEJTAS CORPORATION LOC 3 434.92 COMCAST CABLE 470.13 COMED 5,250.03 COMMUNICATIONS REVOLVING 10.00 CROWNE PLAZA 369.00 D'ANGELO NATURAL SPRING 33.00 DATALUX CORPORATION 270.00 DIRECT ENERGY BUSINESS L016.01 DREISILKER ELECTRIC MOTO 136.14 ED'S AUTOMOTIVF/JIM'S MU 103.00 ED'S RENTAL & SALES INC 77.25 FBI NAA 95.00 FOX VALLEY FIRE & SAFETY 19492.50 FREUND & SON INC, S H 1,444.69 FUTAVA, KATIE L 203.00 FUTURE LINK OF ILLINOIS 127.28 G IMPRESSIONS INC 240.00 GALLS LLC 207.90 HABITAT FOR HUMANITY 81218.70 HAWKINS INC 645.18 HRGREEN 91358.44 ILLINOIS DIRECTOR OF 43334.00 ILMO PRODUCTS COMPANY 74.00 KANDEL, LOURDS 91.12 KIMBALL MIDWEST 592.96 ICING, LAURA 16.00 KIRCHNER FIRE 616.75 KOTIW, MIKE S 80.00 KREASSIG, DANIEL 8.00 LAMBERT, FRANCES B 8.50 LEACH ENTERPRISES INC 27.31 LILLEENG, MICHAEL D 2,400.00 MCCAFFERTY, BRITTANY 360.00 MCCANN INDUSTRIES INC 342.96 MCCORMICK, JENISE M 146.25 MCHENRY ANALYTICAL WATER 450.00 MCHENRY AREA CHAMBER OF 906.00 MCHENRY COMMUNITY HIGH S PL008.65 MCHENRY COMMUNITY SCHOOL 25,630.35 MCHENRY COUNTY CHIEFS OF 45.00 MCHENRY COUNTY RECORDER 1,298.00 McHenry City Council February 17, 2014 Page 3 of 7 MC HENRY PUBLIC LIBRARY 5)128.00 MCHENRY TOWNSHIP FIRE PR 53055.00 MCKEEN, BRIAN J 8.00 MCMASTER-CARR SUPPLY CO 271.91 MERWIN, BENJAMIN J 800.00 METRO DOOR AND DOCK INC 198.00 MEYER MATERIAL COMPANY 13653.17 NAPA AUTO PARTS MPEC 4,427.78 NATIONAL PUBLIC EMPLOYER 205.00 NEUMANN JR. EDWARD J 500.00 NORTH AMERICAN SALT COMP 24,877.00 NORTHERN TOOL & EQUIPMEN 340.87 O'F1'OSEN BRITZ KELLY COOP 4,813.13 PALA, JOSEFINA 200.00 PETROLIANCE LLC 153621.08 PETTIBONE & CO, P F 328.85 PITEL SEPTIC INC 250.00 PLATINUM HEATING & COOLI 600.00 POIERIER, SHIRLEY 375.00 POLERECKY, ROSS 170.00 PRATHER, JAIMIE 6.40 PRUDENTIAL FIRST REALTY 30.00 PSP-BROOKFIELD 383.52 QUILL CORPORATION 24.55 RADICOM INC 915.84 REGNER, WILLIAM J 34.50 REX AUTO BODY 7,569.69 RICHARD LEISTEN 145.00 RUSH TRUCK CENTERS OF IL 61423.77 SANTO SPORT STORE L806.42 SCHATZ, DONALD 195.00 SCHULHOFCOMPANY 110.77 SECTION 8 DOORS & HARDWA 245.00 SHAW MEDIA 90.60 SPEER FINANCIAL INC 402.50 SPRING ALIGN OF PALATINE 228.86 ST PALLS EPISCOPAL, CHURC 190.80 STANS OFFICE TECHNOLOGIE 179.00 STAPLES ADVANTAGE 756.49 STATE TREASURER IDOT 165060.62 SUBURBAN BUILDING OFFICI 125.00 SUNNYSLDE COMPANY 369.00 THEODORE POLYGRAPH SERV 135.00 THINK INK INC 49.86 TOBIN, TRACY 45.00 TRAFFIC CONTROL CORPORAT 61225.00 US BANK EQUIPMENT FINANC 135.00 USA BLUEBOOK 940.70 VALLEY NAILS & SPA 30.00 VALLEY VIEW ACRES 425.00 AN GALDER BUS COMPANY L734.00 VERIZON WIRELESS 201.86 VMING CHEMICAL COMPANY 83745.80 WALSH, THOMAS M 16.00 WASTE MANAGEMENT 71160.00 WASTE MANAGEMENT OF WI P 115781.97 ZEP SALES & SERVICE 677.55 FUND TOTALS GENERAL FUND 1015279.99 ALARM BOARD FUND 968.50 ANNEXATION FUND 4,153.50 MOTOR FUEL TAX FUND 26,438.08 DEVELOPER DONATION FUND 537887.20 DEBT SERVICE-1997A FUND 930.50 CAPITAL IMPROVEMENT'S FUND 45227.96 WATER/SEWERFUND 445214.55 RISK MANAGEMENT FUND 103922.29 1NFORMATION TECHNOLOGY FUND 2,795.36 RETAINED PERSONNEL ESCROW 11415.00 TOTAL 251,132.93 McHenry City Council February 17, 2014 Page 4 of 7 Mayor Low asked to can the roll Ayes: Wimmer, Condon, San, Glab, Schaefer, Blalw, Peterson Nays: None Abstentions: None Absentees: None Motion carried. Alderman Glab suggested prohibiting the installation of all temporary signs in construction zones. APPROVAL TO REQUEST A PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN, INC. FOR ENGINEERING DESIGN TO CONSOLIDATE THE CENTRAL AND SOUTH WASTEWATER TREATMENT PLANTS. Director• of Public Works Schmitt presented the City Council with background on the city's efforts to date to decommission the Central Wastewater Treatment Plant (CWWTP). The process began in 2005 when the City Council approved a long-term plan for wastewater services that included closing the CWWTP and expanding the South Wastewater Treatment Plant (SWWTP). In 2008, the Council approved an engineering services agreement for the design of a 4.0 million gallon per day expansion of the SWWTP; and in March 2009, the Council directed staff to begin the process of consolidating the two plants. This process was part of a plan approved by the IEPA in 2008 that permitted the city a 10-year time frame to consolidate the plants, expiring in 2018. The IEPA approval also allowed the city to make necessary repairs at the CWWTP to keep it operational during the 10-year time period. Director Schmitt reported the city is nearing the 10-year commitment it made with the IEPA City Engineers Chad Pieper and Ed Coggin provided a PowerPoint presentation on plant consolidation. The CWWTP was constructed in the 1950's with a life expectancy of 50 years. The CWWTP serves two-thirds of the city. Mr. Coggin reported the Council in 2007 approved a design contract for consolidation and expansion of the plants for a cost of $30 million however the project was shelved due to economic conditions. In 2009, the Council directed staff to begin consolidation of the plants under a phased approach. The first phase of decommissioning the CWWTP was performed as a response to a failing solids handling system at the plant. The city borrowed $6.4 million to move the system to the SWWTP, which involved construction of conveyance lines between the treatment plants and several equipment modifications. Debt service for this project resulted in a bi-monthly service charge of $6 per utility user. As identified in CIP discussions with the Council on February 3, 2014, decommissioning the CWWTP presents a financial obstacle with a proposed cost of more than $20 million, which will continue to escalate in time. In addition, millions of dollars for upgrades will be required to maintain the existing CWWTP until such time as decommissioning can occur. Two approaches to meet the IEPA commitment of decommissioning the CWWTP by 2018 were presented to the Council: Approach 91 is a plan to build now and utilize the State Revolving Fund (SRF) program to fund the project. The SRF is administered by the IEPA and was introduced last year through the Clean Water Initiative. The program offers two-year loans at an interest rate of 1.99%. The SRF application process is now much quicker and the city could be approved in time to begin the project next year. Mr. Coggin noted his contacts at the SRF told him there is a three-year window for available funding, interest rates are expected to increase in 2015; and, the city has a verbal commitment for funding. In addition the IEPA and state environmental groups have approved the new technologies proposed in Approach #1, which increases the probability of approval for the project. Projected cost for Approach #1 is $21 million. McHenry City Council February 17, 2014 Page 5 of 7 Approach #2 proposes to build later however the cost of construction will increase and there is no guarantee the IEPA will extend the 2018 deadline and, if they do there will be additional costs added to the permit. Further the city will be required to make additional repairs and adjustments to the CWWTP to keep it operational until consolidation is possible, which will add dollars to the cost of the project. Projected cost for Approach # 2 is approximately $35 million. The Mayor asked for questions or comments from the City Council: Alderman Schaefer asked how approval of SRF funding will affect user rates; how is the loan to be paid? Mr. Coggin replied the ultimate responsibility to pay for the improvements will fall on the current user base. A rate study will provide the exact cost to the current users. Alderman Schaefer noted residents have incurred almost 20% in rates increases in the past five years. City Administrator Morefield stated capital improvements that will be needed to keep the CWWTP operational will cost approximately $8 million and would also have an impact on user fees. FIe further stated there are 8,200 user accounts in the city. Total SRF funding of $1.2 million for 20 years spread out evenly for 8,200 city user accounts would be $150 per account per year for 20 years. Adjustments will be made based on the number of users, consumption, and type of use i.e., business or residential. Alderman Schaefer asked if rates would decrease after 20 years. City Administrator Morefield noted the city currently charges $6 per account for capital development fees to pay for SWWTP improvements. A similar debt service charge placed on water bills is passed on to user. Alderman Glab asked if consolidation would affect water and sewer users. City Administrator answered sewer users. Alderman Glab asked if Approach #1 takes into consideration future development and all FPA's, specifically the Gerstad Preserves of Boone Creek property. Mr. Coggin said yes, and referred to a slide depicting the CWWTP site, which included the Preserves of Boone Creek in the treatment plant collection areas. Mr. Coggin added the technology proposed in Approach # 1 also provides for the addition of small increments of added capacity for a much lower cost. He also told the Council future development is not added in the cost of the project at this time so existing users do not have to pay for future development. Alderman Peterson asked if there is room at the SWWTP for expansion and Mr. Coggin answered yes. Alderman Peterson asked what the normal bond rate is and Deputy City Administrator Martin answered 3.25%. Alderman Blake commented costs passed on to existing users for Approach 41 seem high. Alderman Santi asked if there was a deadline to apply for the SRF. Mr. Coggin said the deadline is March 31, 2014, but the state told him the city may apply for the SRF at any time however the loan process takes time so we need to begin the process quickly so we are on track for SRF approval in 2014, bid letting in January 2015, and construction in April 2015. Formal approval will be considered by the Council after bids are received. Alderman Santi inquired about the three-year window for the Clean Water Initiative mentioned in the presentation. Mr. Coggin said the city is in the middle of the Clean Water Initiative, which is a three year program. Alderman Santi asked if there are currently 110 applicants for SRF funding. Mr. Coggin said yes if we meet the application deadline the money will be available. If McHenry waits until next year, we run the risk of being placed on a waiting list. Mr. Coggin added the SRF program representatives stand behind their commitments. McHenry City Council February 17, 2014 Page 6 of 7 Alderman Santi asked if HR Green is assisting other communities with SRF funding applications. Mr. Coggin said yes, Marengo and a small community in southern Illinois. Alderman V. Santi made a motion, seconded by Alderman R. Wimmer to authorize HR Green, Inc. to prepare a Professional Services Agreement for the engineering design of consolidating the Central and South Wastewater Treatment Plants. Mayor Low asked for discussion on the motion. Alderman Glab asked if other engineering firms were asked to submit proposals for the project to make it competitive. City Administrator Morefield answered no. Mayor Low added HR Green is the city's designated engineer. Alderman Santi asked if the Council would see the professional services agreement before it is approved. Mayor Low answered at this time all the Council is asked to authorize is preparation of the professional services agreement; the document will be brought back to the Council for consideration at another meeting. Mayor Low asked to call the roll: Ayes: Sami, Wimmer, Peterson, Condon, Schaefer, Blake Nays: Glab Abstentions: None Absentees: None Motion passed. ADOPTION OF FY 14/15 THROUGH FY 18/19 CAPITAL IMPROVEMENT PROGRAM (CIP) City Administrator Morefield presented the CIP for FY 14/15 through FY 18/19. He stated the CIP as presented continues to reflect the guiding principles that it be balanced and meet the needs of the full -service city. He noted the only changes made to the document were recommendations made by the Council at the January 6, 2014 Committee of the Whole meeting. Alderman Schaefer said the CIP is a good tool and keeps the Council apprised of future capital projects and improvements. Aldermen Blake, Schaefer, and Wimmer agreed with Alderman Schaefer and thanked City Administrator Morefield and city department heads for developing the document. Alderman Glab noted this is a five year plan with changes made to it every year; he said he needs more information adding it is difficult for him to understand why $13 million for the Riverwalk is designated in the plan when we started at $9 million. Deputy City Administrator Hobson noted the CIP is just a planning tool and takes into consideration future increases in the cost of construction. Real construction costs for the first phase of the Riverwalk was $3 million — the $13 million figure in the CIP includes future expansion of additional phases of the project. Alderman Schaefer made a motion, seconded by Alderman Condon to adopt the FY 14/15 through FY 18/19 Capital Improvement Program as presented. Mayor Low asked to call the roll: Ayes: Schaefer, Condon, Santi, Glab, Blake, Wimmer, Peterson Nays: None Abstentions: None Absentees: None Motion passed. McHeary City Council February 17, 2014 Page 7 of 7 MAYOR STATEMENT AND REPORTS Mayor Low offered her compliments to the city's Snowplowing Crews for keeping city streets as clear of snow and ice as possible noting they are working long hours this winter season. COMMITTEE REPORTS Alderman Blake announced a Public Works Committee meeting is scheduled for February 26`' at 6:00 PM and, he is waiting for confirmation from IDOT for a public forum tentatively scheduled for March 12°i at 6:00 PM regarding the IL 31 from IL 176 to IL 120 improvements project. STAFF REPORTS None. FUTURE AGENDA ITEMS Alderman Glab said it is election season and suggested staff send a letter to the candidates informing them of city regulations regarding election signage. ADJOURNMENT Motion by R Petersen, seconded by R. Wimmer, to adjourn the regular meeting of the McHenry City Council to the next regular meeting. Mayor Low asked to call the roll: Ayes: Petersen, Wimmer, Condon, Santi, Glab, Schaefer, Blake. Nays: None Abstentions: None Absentees: one Motion carried. Meeting adjourned at 8:26 PM. Respectfiilly submitted, Mayor Susan E. Low Executive Assistant Marci Geraghty DATE 2/26/2014 11:55 AM CITY OF MCHENRY PAGE 1 LIST OF BILLS COUNCIL MEETING 3/3/14 CLAIM N FUND DEPT VENDOR NAME INVOICE ➢ESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT H CODE ---------------------------------------------------------- ---------------------------------------------------------------- ---------- 14020554 100 33 1108 ADAMS ENTERPRISES INC, R 72B594VEHICLE EQUIPMENT 03/03/14 O 022114 195.55 100,33.5370 1402 022114 GLJ7199 195.55 022114 14020555 100 33 1108 ADAMS ENTERPRISES INC, R 728597TRAILER RAMPS 03/03/14 0 022114 750,00 100,33.5370 1402 022114 GLJ7199 750.00 022114 14020556 510 31 1108 ADAMS ENTERPRISES INC, R 728948WHICLE REPAIR PARTS 03/03/14 0 022114 248,00 510.31,5370 1402 022114 GLJ7199 248.00 022114 14020557 100 45 1108 ADAMS ENTERPRISES INC, R 728954SUPPLIES 03/03/14 0 022114 42,44 100,45.6110 1402 022114 GLJ7199 42.44 022114 14020901 510 31 1108 ADAMS ENTERPRISES INC, R 725394TURCK BED LINER 03/03/14 O 022514 950.00 510,31,5370 1402 022514 GLJ7214 950.00 022514 14020902 100 33 1108 ADAMS ENTERPRISES INC, R 729151VEHICLE EQUIPMENT 03/03/14 O 022514 607.07 100,33.5370 1402 022514 GLJ7214 607.07 022514 14020558 100 45 1106 ADAMS STEEL SERVICE INC 315248SNOW THROWER PARTS 03/03/14 0 022114 15,66 100.45.5370 1402 022114 GLJ7199 15.66 022114 14020903 100 33 1106 ADAMS STEEL SERVICE INC 315538STREL 03/03/14 0 022514 13,21 100.33.5370 1402 022514 GLJ7214 13.21 022514 14020904 100 33 1106 ADAMS STEEL SERVICE INC 315490SUPPLIES 03/03/14 0 022514 6.55 100.33.5370 1402 022514 GLJ7214 6.55 022514 14020934 510 32 1113 ADVANCED AUTOMATION AND 14-2007 SCADA REPAIRS 03/03/14 O 022614 8,936.27 510,32,5110 1402 022614 GLJ7219 8936.27 022614 14020559 510 32 5 ALHEIT, JEFF 2002162206REVUN➢ WATER/SEWER OVERPAYM 03/03/14 0 022114 86.45 510.32.3660 1402 022114 GLJ7199 86.45 022114 14020560 100 30 1578 APWA 144162MEMBERSHIP DUES 03/03/14 0 022114 322.00 100.30.5410 1402 022114 GLJ7199 322.00 022114 14020587 100 03 1580 APWA CHICAGO METRO CHAPT 3/28/14 WORKSHOP, REGISTRATION 03/03/14 0 022414 30.00 SCHWALENBERG 100.03.5430 1402 022414 GLJ7203 30.00 022414 14020935 100 33 1632 ARAMARK 15638524 EMPLOYEE UNIFORMS 03/03/14 0 022614 185.93 100.33.4510 1402 022614 GLJ7219 185,93 022614 14020571 100 01 1664 ASAP GARAGE DOOR REPAIR 52163 OVERHEAD DOOR SERVICE WORK 03/03/14 O 022414 105.00 100.01.5110 1402 022414 GLJ7201 105.00 022414 14020845 100 KKKKK 1450 AT&T FEB/MARCH ALARM CIRCUITS 03/03/14 O 022514 782.15 100.22.5320 1402 022514 GLJ7213 320.13 022514 100.43,5320 1402 022514 GLJ7213 231,01 022514 100.45,5320 1402 022514 GLJ7213 231.01 022514 DATE 2/26/2014 11:55 AM CITY OF MCHENRY PAGE 2 LIST OF BILLS COUNCIL MEETING 3/3/14 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE SPAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOG UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 14020846 510 32 1450 AT&T FEB/MARCH ALARM CIRCUITS 03/03/14 O 022514 320,13 510.32.5320 1402 022514 GLJ7213 320.13 022514 14020900 100 43 1450 AT&T 8153859652ALARM CIRCUIT 03/03/14 0 022514 50.50 100.43.5320 1402 022514 GLJ7214 50.50 022514 14020905 XXXXX XXXXX 1450 AT&T 815R262388PRI PHONE LINES 03/03/14 0 022514 663.06 100.01,5320 1402 022514 GLJ7214 103.00 022514 100.02.5320 1402 022514 GLJ7214 38.62 022514 100.04.5320 1402 022514 GL07214 45,06 022514 100.22,5320 1402 022514 GLJ7214 251.06 022514 100.30.5320 1402 022514 GLJ7214 38,62 022514 100.33.5320 1402 022514 GLJ7214 12.87 022514 100,03.5320 1402 022514 GLJ7214 83.69 022514 100.41.5320 1402 022514 GLJ7214 38,62 022514 100,44,5320 1402 022514 GLJ7214 6.45 022514 100.46.5320 1402 022514 GLJ7214 12.87 022514 100.47.5320 1402 022514 GLJ7214 6,45 022514 620.00.5110 1402 022514 GLJ7214 25,75 022514 14020561 100 XXXXX 1452 AT&T LONG DISTANCE 421781LONG DISTANCE PHONE SERVICE 03/03/14 O 022114 189,29 100.01.5320 1402 022114 GLJ7199 184.37 022114 100.22.5320 1402 022114 GLJ7199 1,45 022114 100,33,5320 1402 022114 GLJ7199 1.41 022114 100,41,5320 1402 022114 GLJ7199 1.09 022114 100.45.5320 1402 022114 GLJ7199 .97 022114 14020562 100 22 16080 BIRK, ADRIANA CLOTHING ALLOWANCE REIMB 03/03/14 0 022114 211.00 100.22.4510 1402 022114 GLJ7199 211.00 022114 14020563 100 22 16080 BIRK, ADRIANA 1/27-31/14TRAINING EXPENSE REIMS 03/03/14 0 022114 30.54 100.22.5420 1402 022114 GLJ7199 30.54 022114 14020564 100 22 16080 BIRK, ADRIANA 2/10-14/14TRAINING EXPENSE REIMB 03/03/14 0 022114 40.00 100.22.5420 1402 022114 GLJ7199 40.00 022114 14020906 100 33 2535 RUMMELL INDUSTRIES INC 0151174-INVEHICLE REPAIR PARTS 03/03/14 O 022514 19.56 100,33.5370 1402 022514 GLJ7214 19.56 022514 14020907 100 33 2535 DONNELL INDUSTRIES INC 0151076-INVEHICLE REPAIR PARTS 03/03/14 O 022514 19,56 100.33.5370 1402 022514 GLJ7214 19.56 022514 14020565 100 33 2765 BUSS FORD SALES 5010489 VEHICLE REPAIR PARTS 03/03/14 O 022114 14.45 100.33,5370 1402 022114 GLJ7199 14.45 022114 14020566 100 33 2765 BUSS FORD SALES 5011386 VEHICLE REPAIR PARTS 03/03/14 0 022114 246.14 100,33,5370 1402 022114 GLJ7199 246.14 022114 14020908 100 45 2765 BUSS FORD SALES 5011528 VEHICLE REPAIR PARTS 03/03/14 0 022514 32.29 100.45.5370 1402 022514 GLJ7214 32.29 022514 DATE 2/26/2014 11:55 AM CITY OF MCHENRY PAGE 3 LIST OF HILLS COUNCIL MEETING 3/3/14 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUI➢ATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ---------------------------------------------------------- ------------------------------------------------------------------------ 14020909 100 22 2765 BUSS FORD SALES 5011497 VEHICLE REPAIR PARTS 03/03/14 0 022514 84.69 100.22.5370 1402 022514 GLU7214 84,69 022514 14020910 100 22 2765 BUSS FORD SALES 5011505 VEHICLE REPAIR PARTS 03/03/14 0 022514 19.42 100.22.5370 1402 022514 GLJ7214 19.42 022514 14020567 100 XXXXX 3000 CARDIAC SCIENCE CORP 1604827 DEFIBRILLATOR & SUPPLIES 03/03/14 0 022114 1,559.17 100.01.6110 1402 022114 GLJ7199 1264,09 022114 100,42,6110 1402 022114 GLJ7199 98.36 022114 100,43.6110 1402 022114 GLJ7199 98.36 022114 100.46.6110 1402 022114 GLJ7199 98.36 022114 14020937 200 00 2999 CARMICHAEL CONSTRUCTION #1 ELECTRONIC COMMUNITY SIGN 03/03/14 0 022614 11210,00 200.00.9901 1402 022614 GLJ7219 1210,00 022614 14020568 100 01 3157 CENTEGRA OCCUPATIONAL HE 130202MEDICAL SERVICES 03/03/14 0 022114 107.80 100.D1.5110 1402 022114 GLJ7199 107,80 022114 14020569 100 22 3515 COLLEGE OF DUPAGE-ACCTS 4337 TRUCK ENFORCEMENT CONFERENCE 03/03/14 0 022114 100.00 100,22.5430 1402 022114 GLJ7199 100.00 022114 14020570 510 XXXXX 3565 CONSTELLATION NEWENERGY JAN 2014 WATER/SEWER PUMPING CHARGES 03/03/14 0 022114 36,652,41 510,31,5510 1402 022114 GLJ7199 10605.12 022114 510.32.5510 1402 022114 GLJ7199 26047.29 022114 14020572 400 00 4160 DEWBERRY ARCHITECTS INC 107383E AQUATIC/RECREATION FACILITY 03/03/14 0 022414 1,472.10 400,00.8800 1402 022414 GLJ7201 1472.10 022414 14020573 620 00 4530 DOCUMENT IMAGING ➢IMENSI 217779PRINTER TONER CARTRIDGES 03/03/14 0 022414 765.00 620.00.6210 1402 022414 GLJ7201 01 219,00 022414 620,00,6210 1402 022414 GLJ7201 22 546.00 022414 14020574 510 31 5107 ED'S RENTAL & SALES INC 93138-1 EQUIPMENT RENTAL 03/03/14 0 022414 206,00 510,31,6110 1402 022414 CLJ7201 206.00 022414 14020575 510 31 5107 ED'S RENTAL & SALES INC 93240-1 EQUIPMENT RENTAL 03/03/14 0 022414 90.00 510.31.6110 1402 022414 GLJ7201 90,00 022414 14020936 510 31 5107 ED'S RENTAL & SALES INC 93383-1 EQUIPMENT RENTAL 03/03/14 O 022614 90.00 510.31.6110 1402 022614 GLJ7219 90.00 022614 14020576 100 41 5300 EISERMAN, JERRY PARKS PROGRAM REFUND 03/03/14 0 022414 60.00 100.41.3636 1402 022414 GLJ7201 60,00 022414 14020577 510 31 5835 EX -STINK PLUMBING & SEWN 2/14/14 THAW WATER SERVICE LINE 03/03/14 0 022414 350.00 510.31.6110 1402 022414 GLJ7201 350.00 022414 14020578 100 22 6029 FAST EDDIES CAR WASH DEC/JAN SQUAD CAR WASHES 03/03/14 0 022414 230.40 100.22.5370 1402 022414 GLJ7201 230.40 022414 14020579 100 47 6292 FIRE WAGON HOLDING LLC 2294 PARKS PROGRAM INSTUCTOR 03/03/14 0 022414 621,00 DATE 2/26/2014 11:55 AM CITY OF MCHENRY PAGE 4 LIST OF BILLS COUNCIL MEETING 3/3/14 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK. ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR OT LIQUIDATE➢ INVENTORY # LOC UNIT COSTS PROJECT # CODE ____________________________________________________________________________________________________________________________________ 100.47.5110 1402 022414 GLJ7201 621.00 022414 14020580 100 47 6282 FIRE WAGON HOLDING LLC 2293 PARKS PROGRAM INSTUCTOR 03/03/14 O 022414 984.00 100,47.5110 1402 022414 GLJ7201 984.00 022414 14020591 100 22 6390 FLESCH COMPANY INC, GORD IN1067477000PIER MAINTENANCE 03/03/14 0 022414 101.57 100.22,5110 1402 022414 GLO7201 '101.57 022414 14020582 225 00 6570 FOX VALLEY FIRE & SAFETY 815192FIRE ALARM CONNECTION 03/03/14 O 022414 195,00 225.00.5110 1402 022414 GLJ7201 195.00 022414 14020583 225 00 6570 FOX VALLEY FIRE & SAFETY 815196PIRE ALARM CONNECTION 03/03/14 0 022414 195.00 225.00.5110 1402 022414 GLJ7201 195.00 022414 14020584 620 00 6780 FUTURE LINK OF ILLINOIS 49627 INSTAGATE 806 FIREWALL RENTAL 03/03/14 0 022414 540.00 620,00.5110 1402 022414 GLJ7201 540,00 022414 14020585 620 00 6780 FUTURE LINK OF ILLINOIS 49635 N-ABLE ENDPOINT SECURITY 03/03/14 0 022414 438.64 620.00.5110 1402 022414 GLJ7201 438.64 022414 14020588 100 04 6800 FW IL MCHENRY COMMONS SH 2O13 SALES TAX INCENTIVE 03/03/14 0 022414 23,394,57 100.04.6945 1402 022414 GLJ7203 23394.57 022414 14020589 100 41 7281 G IMPRESSIONS INC 348 BANNER CHANGES 03/03/14 0 022414 20.00 100.41,6110 1402 022414 GLJ7203 20,00 022414 14020590 100 22 7007 GALLS LLC 1552790 EMPLOYEE UNIFORMS 03/03/14 0 022414 65.99 100.22.4510 1402 022414 GLJ7203 65.99 022414 14020911 100 22 7406 GLOBAL MED INDUSTRIES LL 133475SUPPLIES 03/03/14 0 022514 59,00 100.22.6110 1402 022514 GLJ7214 59.00 022514 14020591 100 33 7633 GRAINGER 9363995102SUPPLIES. 03/03/14 0 022414 72.10 100.33.5370 1402 022414 GLJ7203 72.10 022414 14020592 100 22 7642 GREGORIO, RYAN 2/4/14TRAINING EXPENSE REIMS 03/03/14 0 022414 8.00 100.22,5420 1402 022414 GLJ7203 8.00 022414 14020593 100 33 7645 GROWER EQUIPMENT & SUPPL 54208 SAW BLADE 03/03/14 0 022414 41.85 100.33,5370 1402 022414 GLJ7203 41.85 022414 14020594 510 31 8042 HAWKINS INC 3562285 CHEMICALS 03/03/14 0 022414 2,355.31 510.31.6110 1402 022414 GLJ7203 2355.31 022414 14020595 510 32 8042 DAWKINS INC 3563136 CHEMICALS 03/03/14 0 022414 4,485.30 510.32.6110 1402 022414 GLJ7203 4485.30 022414 14020596 510 31 15013 HD SUPPLY WATERWORKS CO28089 SUPPLIES 03/03/14 0 022414 77,96 510.31.6110 1402 022414 GLJ7203 77,96 022414 14020597 100 30 8650 HRGREEN 90725 HERITAGE WOODS 03/03/14 0 022414 308.00 DATE 2/26/2014 11:55 AM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 3/3/14 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY it LOC UNIT COSTS PROJECT # CODE 100.30.5110 1402 022414 GLJ7203 154.00 022414 100.30.5110 1402 022414 GLJ7203 154.00 022414 14020598 100 01 8650 HRGREEN 90725 JUSTEN FUNERAL HOME 03/03/14 0 022414 300.00 STORM WATER ISSUES 100.01.5110 1402 022414 GLJ7203 300.00 022414 14020599 510 XXXXX 8650 HRGREEN 90726 WATER/SEWER RATE STUDY 03/03/14 0 022414 1,750.00 510.31.5110 1402 022414 GLJ7203 875.00 022414 310.32.5110 1402 022414 GLJ7203 875.00 022414 14020600 440 00 8650 HRGREEN 4/90884 IL RTE 31/120 CONTRUCTION 03/03/14 0 022414 15,305.70 440.00.8600 1402 022414 GLJ7203 15305.70 022414 440-RT31/120 14020847 100 41 9382 ILLINOIS ARBORIST ASSOCI 4/1/14CONFERENCE REGISTRATION 03/03/14 0 022514 65.00 SCHMIDT 100,41.5430 1402 022514 GLJ7213 65.00 022514 14020601 100 22 9418 ILLINOIS FBI NA 3/19/14 MONTHLY LUNCHEON MEETING 03/03/14 0 022414 75.00 100.22.5430 1402 022414 GLJ7203 75.00 022414 14020602 510 32 10149 JENSEN SALES CO INC, LEE 133747UTILITY SYSTEM REPAIR PARTS 03/03/14 0 022414 48.54 510.32.5380 1402 022414 GLJ7203 48.54 022414 14020603 100 22 10310 DIMS MCHENRY AUTO BODY 3248 SQUAD CAR REPAIRS 03/03/14 0 022414 323.03 100.22.5370 1402 022414 GLJ7203 323.03 022414 14020912 100 22 10531 JONES, JOHN CLOTHING ALLOWANCE REIMS 03/03/14 0 022514 312.64 100,22.4510 1402 022514 GLJ7214 312.64 022514 14020604 510 31 11120 KELLER AMERICA INC 56019 WATER LEVEL TRANSDUCER 03/03/14 0 022414 492.50 510.31.6110 1402 022414 GLJ7203 492.50 022414 14020605 100 33 11286 KIMBALL MIDWEST 3403538 SUPPLIES 03/03/14 0 022414 241,62 100.33.5370 1402 022414 GLJ7203 262.65 022414 100.33.5370 1402 022414 GLJ7203 EARLY PAY DISCOUNT 21.03CR 022414 1402000G 100 33 11286 KIMBALL MIDWEST 3415087 SUPPLIES 03/03/14 O 022414 336,24 100.33.5370 1402 022414 GLJ7203 357.84 022414 100.33.5370 1402 022414 GLJ7203 EARLY PAY DISCOUNTOCUNT 21.60CR 022414 14020608 100 22 11387 KLASEK, ROBERT J 2/11/14 MEAL REIMB/CAR SEAT DETAIL 03/03/14 0 022414 8.00 100,22,5420 1402 022414 GLJ7203 8.00 022414 14020609 100 22 11387 KLASEK, ROBERT J 2/6+7/14 TRAINING EXPENSE REIMB 03/03/14 O 022414 16.00 100.22.5420 1402 022414 GLJ7203 16,00 022414 14020610 510 32 11537 KOMLINE-SANDERSON ENGINE 42021785 SUPPLIES 03/03/14 0 022414 858,67 510.32.6110 1402 022414 GLJ7203 858.67 022414 DATE 2/26/2014 11:55 AM CITY OF MCHENRY PAGE 6 LIST OF BILLS COUNCIL MEETING 3/3/14 CLAIM k FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT Y.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY ff LOC UNIT COSTS PROJECT 8 CODE ___________________________________________________________________________________________________________________________________ 14020913 100 22 11640 KREASSIG, ➢ANIEL 2/7/14TRAINING EXPENSE REIMB 03/03/14 0 022514 8.00 100.22,5420 1402 022514 GLJ7214 8.00 022514 14020611 510 31 12142 LEACH ENTERPRISES INC 835919SUPPLIES 03/03/14 O 022414 118,60 510,31.6110 1402 022414 GLJ7203 118,60 022414 14020612 100 22 1074 LEXISNEXIS 20140131 PHONE PLUS SEARCHES 03/03/14 O 022414 124.50 100.22.5110 1402 022414 GLJ7203 124.50 022414 14020848 100 47 12290 LILLEENG, MICHAEL D 2/14/14 SWIM MEET LODGING BRIMB 03/03/14 0 022514 55.49 100,47,6110 1402 022514 GLJ7213 55.49 022514 14020613 100 22 16015 MARATHON TOWING 25908 VEHICLE TOWING SERVICES 03/03/14 0 022414 40.00 100.22.5110 1402 022414 GLJ7203 40.00 022414 14020614 100 Ol 13017 MARTIN, DOUG 2/6/14SEMINAR REGISTRATION & EXPENSE 03/03/14 O 022414 50,00 100.01.5430 1402 022414 GLJ7203 50.00 022414 14020615 510 31 14043 MAXIM CONSTRUCTION CORP 1222600007WATER TREATMENT PLANT #2 03/03/14 0 022414 84,879.50 FINAL PAYOUT 510.31.8500 1402 022414 GLJ7203 84879,50 022414 580-WTRPL2 14020625 100 01 14067 MCANDREWS PC, THE LAW OF FEB 2014 LEGAL FEES - TRAFFIC 03/03/14 0 022414 5,175.00 100.01.5230 1402 022414 GLJ7204 5175,00 022414 14020626 100 33 14069 MCCANN INDUSTRIES INC 11033677 VEHICLE REPAIR PARTS 03/03/14 O 022414 154,55 100.33.5370 1402 022414 GLJ7204 154.55 022414 14020627 100 33 14069 MCCANN INDUSTRIES INC 11033678 VEHICLE REPAIR PARTS 03/03/14 O 022414 200.08 100.33.5370 1402 022414 GLJ7204 200.08 022414 14020628 100 33 14069 MCCANN INDUSTRIES INC 11033679 VEHICLE REPAIR PARTS 03/03/14 O 022414 32.99 100.33.5370 1402 022414 GLJ7204 32.99 022414 14020629 100 33 14069 MCCANN INDUSTRIES INC 11033680 VEHICLE REPAIR PARTS 03/03/14 O 022414 259.74 100.33.5370 1402 022414 GLJ7204 259,74 022414 1402091E 100 33 14069 MCCANN INDUSTRIES INC 11033499 VEHICLE REPAIR PARTS 03/03/14 0 022514 70.84 100.33.5370 1402 022514 GLJ7214 70,84 022514 14020630 510 31 14246 MCHENRY ANALYTICAL WATER 313279WATER SAMPLE ANALYSIS 03/03/14 0 022414 235.00 510.31.5110 1402 022414 GLJ7204 235.00 022414 14020631 510 32 14246 MCHENRY ANALYTICAL WATER 313329NITROGEN TEST 03/03/14 0 022414 60,00 510.32.6110 1402 022414 GLJ7204 60.00 022414 14020632 510 32 14246 MCHENRY ANALYTICAL WATER 313362NITROGEN TEST 03/03/14 0 022414 60.00 510.32.6110 1402 022414 GLJ7204 60.00 022414 14020633 510 32 14246 MCHENRY ANALYTICAL WATER 313363NITROGEN TEST 03/03/14 0 022414 60,00 DATE 2/26/2014 11:55 AM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCiL MEETING 3/3/14 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ----------------------------------------------------------------------------------------------------------------------------------- 510,32,6110 1402 022414 GLJ7204 60.00 022414 14020634 510 32 14246 MCHENRY ANALYTICAL WATER 313364NITROORM TEST 03/03/14 0 022414 60.00 510.32.6110 1402 022414 GLJ7204 60.00 022414 14020919 510 32 14246 MCHENRY ANALYTICAL WATER 313365METALS SAMPLE TESTING 03/03/14 0 022514 700.00 510.32.6110 1402 022514 GLJ7214 700.00 022514 14020941 510 31 14246 MCHENRY ANALYTICAL WATER 313427WATER SAMPLE ANALYSIS 03/03/14 0 022614 60,00 510.31.5110 1402 022614 GLJ7219 60,00 022614 14020942 260 00 14276 MCHENRY COMMUNITY HIGH S JAN 2014 OPERATING FEES 03/03/14 0 022614 877,00 260,00,6970 1402 022614 GLJ7219 977,00 022614 14020943 260 00 14275 MCHENRY COMMUNITY SCHOOL JAN 2014 OPERATING FEES 03/03/14 0 022614 1,243.00 260.00.6970 1402 022614 GLJ7219 1243.00 022614 14020635 620 00 14258 MCHENRY COUNTY RECORDER 2014220-16LAREDO QUARTERLY BILLING 03/03/14 0 022414 250.00 620,00.5110 1402 022414 GLJ7204 250,00 022414 14020636 510 31 14266 MCHENRY FIRESTONE 19746 TIRES 03/03/14 0 022414 740.98 510,31.5370 1402 022414 GLJ7204 740.98 022414 14020920 100 33 14266 MCHENRY FIRESTONE 19759 VEHICLE REPAIRS 03/03/14 0 022514 70.00 100.33.5370 1402 022514 GLJ7214 70.00 022514 14020637 510 32 14269 MCHENRY POWER EQUIPMENT 89945 SNOWBLOWER PARTS 03/03/14 0 022414 135,07 510.32.6110 1402 022414 GLJ7204 135.07 022414 14020944 260 00 14270 MCHENRY PUBLIC LIBRARY JAN 2014 OPERATING FEES 03/03/14 0 022614 73.00 260.00.6980 1402 022614 GLJ7219 73,00 022614 14020921 100 22 14355 MCKEEN, BRIM J 2/7/14TRAINING EXPENSE REIMB 03/03/14 0 022514 8.00 100,22.5420 1402 022514 GLJ7214 8.00 022514 14020914 100 33 13153 MENARDS - WOODSTOCK 40453 SUPPLIES 03/03/14 0 022514 80.06 100.33.5370 1402 022514 GLJ7214 80,06 022514 14020616 100 33 16800 METRO DOOR AND DOCK INC 47400 OVERHEAD ➢OOR MOTION DETECTORS 03/03/14 0 022414 2,350.00 100.33.5115 1402 022414 GLJ7203 2350,00 022414 14020617 510 32 13164 METROPOLITAN INDUSTRIES 280668EQUIPMENT REPAIR PARTS 03/03/14 0 022414 158.87 510.32.5375 1402 022414 GLJ7203 158,87 022414 14020618 100 33 13172 MEYER MATERIAL COMPANY 704719077 MATERIALS 03/03/14 0 022414 414.81 100.33.6110 1402 022414 GLJ7203 414.81 022414 14020915 510 31 13172 MEYER MATERIAL COMPANY 704728576 MATERIALS 03/03/14 0 022514 40.70 510,31.6110 1402 022514 GLJ7214 40.70 022514 14020916 100 33 13172 MEYER MATERIAL COMPANY 704723191 MATERIALS 03/03/14 0 022514 379,98 DATE 2/26/2014 11:55 AM CITY OF MCHENRY PAGE 0 LIST OF BILLS COUNCIL MEETING 3/3/14 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR IT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR IT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ____________________________________________________________________________________________________________________________________ 100.33.6110 1402 022514 GLJ7214 379.98 022514 14020938 510 31 13309 MID AMERICAN WATER OF WA 150227W SUPPLIES 03/03/14 0 022614 530,10 510.31.6110 1402 022614 GLJ7219 530.10 022614 14020939 510 31 13309 MID AMERICAN WATER OF WA 150283W SUPPLIES 03/03/14 0 022614 233.50 510,31,6110 1402 022614 GLJ7219 233.50 022614 14020940 510 31 13309 MID AMERICAN WATER OF WA 150290W SUPPLIES 03/03/14 0 022614 88.00 510.31.6110 1402 022614 GLJ7219 88.00 022614 14020619 620 00 13274 MIDCO 278426PHONE RELOCATION 03/03/14 0 022414 328.28 620.00.5320 1402 022414 GLJ7203 PHONE RELOCATIONS 328.28 022414 14020620 100 33 13277 MIDWEST HOSE AND FITTING M10725SUPPLIES 03/03/14 0 022414 63.92 100.33.5370 1402 022414 GLJ7204 63.92 022414 14020621 100 '04 13291 MINUTEMAN PRESS OF MCH 81026 PRINTING OF WATER/SEWER BILLS 03/03/14 0 022414 4,043.68 100.04.5330 1402 022414 GLJ7204 4043,68 022414 14020622 510 32 13521 MOBILE FLEET SERVICES IN 13493 VEHICLE REPAIRS 03/03/14 0 022414 2,579.60 510.32.5370 1402 022414 GLJ7204 2579,60 022414 14020917 100 33 13530 MONROE TRUCK EQUIPMENT I 5262759 VEHICLE REPAIR PARTS 03/03/14 0 022514 52.82 100.33.5370 1402 022514 GLJ7214 52.82 022514 14020623 100 22 13745 MUNICIPAL COLLECTION SER 00426000LLECTION SERVICES 03/03/14 0 022414 63.01 100.22.5110 1402 022414 GLJ7204 63.01 022414 14020624 510 XXXXX 13745 MUNICIPAL COLLECTION HER 004261COLLECTION SERVICES 03/03/14 0 022414 9130 510,31,5110 1402 022414 GLJ7204 4.65 022414 510.32.5110 1402 022414 GLJ7204 4,65 022414 14020854 510 32 15077 NOD OF WISCONSIN INC 333795LAB SUPPLIES 03/03/14 0 022514 657,44 510.32.6110 1402 022514 GLJ7213 657.44 022514 14020849 100 XXXXX 15545 NICOR GAS JAN/FEB UTILITIES 03/03/14 0 022514 31580,66 100,42,5510 1402 022514 GLJ7213 1014,93 022514 100.43.5510 1402 022514 GLJ7213 168.20 022514 100,45,5510 1402 022514 GLJ7213 2281.21 022514 100,46.5510 1402 022514 GLJ7213 116.32 022514 14020850 510 XXXXX 15545 NICOR GAS JAN/FEB UTILITIES 03/03/14 0 022514 81601,91 510.31.5510 1402 022514 GLJ7213 1416.49 022514 510.32.5510 1402 022514 GLJ7213 7185.42 022514 14020851 270 00 15520 NORTH AMERICAN SALT COMP 71121762 ICE CONTROL MATERIALS 03/03/14 0 022514 3,745.73 270.00.6110 1402 022514 GLJ7213 3745.73 022514 14020852 270 00 15520 NORTH AMERICAN SALT COMP 71121782 ICE CONTROL MATERIALS 03/03/14 0 022514 3,854.21 270.00.6110 1402 022514 GLJ7213 3854,21 022514 DATE 2/26/2014 11:55 AM CITY OF MCHENRY PAGE 9 LIST OF BILLS COUNCIL MEETING 3/3/14 CLAIM R FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ----------------------------------------------------------------------------------------------------------------------------------- 14020853 270 00 IS520 NORTH AMERICAN SALT COMP 71122970 ICE CONTROL MATERIALS 03/03/14 0 022514 1,250.54 270.00.6110 1402 022514 GLJ7213 1250,54 022514 14020922 100 22 15532 NORTH EAST MULTI-REGIONA 177640TRAINING FEE 03/03/14 0 022514 100.00 100.22.5430 1402 022514 GLJ7214 100.00 022514 14020855 510 31 15553 NORTH SUBURBAN WATER 3/13/14 MONTHLY LUNCHEON MEETING 03/03/14 0 022514 45.00 510,31,5430 1402 022514 GLJ7213 45.00 022514 14020856 510 31 17008 PALMER, MIKE NSWWA MEMBERSHIP DUES REIMB 03/03/14 O 022514 110.00 SCHMITT-PALMER-WIRCH 510.31,5410 1402 022514 GLJ7213 110.00 022514 14020923 510 32 17157 PERFORMANCE DIESEL 8889 VEHICLE REPAIRS 03/03/14 0 022514 850.00 510.32.5370 1402 022514 GLJ7214 850,00 022514 14020857 620 00 17137 PERVAN SOLUTIONS 1544 EXCHANGE SERVER CERTIFICATE 03/03/14 0 022514 300.00 620,00.5110 1402 022514 GLJ7213 300,00 022514 14020858 100 03 2532 PETROLIANCE LLC 9437554 VEHICLE FUEL 03/03/14 0 022514 95.82 100,03,6250 1402 022514 GLJ7213 95,82 022514 14020859 100 03 2532 PETROLIMCE LLC 9440216 VEHICLE FUEL 03/03/14 0 022514 18.57 100.03.6250 1402 022514 GLJ7213 18.57 022514 14020860 100 22 2532 PETROLIANCE LLC 9437559 VEHICLE FUEL 03/03/14 0 022514 31518,71 100.22.6250 1402 022514 GLJ7213 3518.71 022514 14020861 100 22 2532 PETROLIANCE LLC 9440221 VEHICLE FUEL 03/03/14 0 022514 2,842.13 100.22.6250 1402 022514 GLJ7213 2842.13 022514 14020862 100 33 2532 PETROLIANCE LLC 9433852 VEHICLE FUEL 03/03/14 0 022514 3,374.67 100.33.6250 1402 022514 GLJ7213 3374.67 022514 14020863 100 33 2532 PETROLIANCE LLC 9434759 VEHICLE MAINTENANCE FLUIDS 03/03/14 0 022514 8,217.07 100,33.6250 1402 022514 GLJ7213 8217.07 022514 14020864 100 33 2532 PETROLIANCE LLC 9437558 VEHICLE FUEL 03/03/14 0 022514 6,867.90 100.33.6250 1402 022514 GLJ7213 6867.90 022514 14020865 100 45 2532 PETROLIANCE LLC 9437557 VEHICLE FUEL 03/03/14 0 022514 571.78 100.45.6250 1402 022514 GLJ7213 571.78 022514 14020866 100 45 2532 PETROLIANCE LLC 9440219 VEHICLE FUEL 03/03/14 0 022514 305.85 100.45.6250 1402 022514 GLJ7213 305.65 022514 14020867 510 31 2532 PETROLIANCE LLC 9437556 VEHICLE FUEL 03/03/14 0 022514 650.84 510,31,6250 1402 022514 GLJ7213 650.84 022514 14020868 510 32 2532 PETROLIANCE LLC 9437555 VEHICLE FUEL 03/03/14 0 022514 865.24 DATE 2/26/2014 11:55 AM CITY OF MCHENRY PAGE 10 LIST OF BILLS COUNCIL MEETING 3/3/14 CLAIM # FUND DEPT VENDOR NAME INVOICE ➢ESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ----------------------------------------------------------------------------------------------------------------------------------- 510.32.6250 1402 022514 GLJ7213 865.24 022514 14020945 100 33 2532 PETROLIANCE LLC 9440220 VEHICLE FUEL 03/03/14 0 022614 2,873,64 100.33,6250 1402 022614 GLJ7219 2673.64 022614 14020946 510 31 2532 PETROLIANCE LLC 9440218 VEHICLE FUEL 03/03/14 O 022614 446.45 510.31.6250 1402 022614 GLJ7219 446,45 022614 14020947 510 32 2532 PETROLIANCE LLC 9440217 VEHICLE FUEL 03/03/14 0 022614 828.35 510.32.6250 1402 022614 GLJ7219 828,35 022614 14020924 510 32 17391 PLATINUM HEATING & COOLI 2633 BOILER REPAIRS 03/03/14 0 022514 846.00 510,32.5375 1402 022514 GLJ7214 846.00 022514 14020869 100 04 17550 POSTMASTER MCHENRY IL #126 PERMIT #126 FIRST CLASS 03/03/14 O 022514 220.00 100.04.5310 1402 022514 GLJ7213 220.00 022514 14020948 100 02 17550 POSTMASTER MCHENRY IL PERMIT 14SPOSTAGE FOR MARCH NEWSLETTE 03/03/14 0 022614 2,376.67 100.02,5330 1402 022614 GLJ7219 2376,67 022614 14020870 100 22 17632 PRATHER, PAUL 2/14/14 TRAINING EXPENSE REIMB 03/03/14 0 022514 8.00 100,22.5420 1402 022514 GLJ7213 8.00 022514 14020873 100 33 17656 PROSAFETY INC 2/772440 SUPPLIES 03/03/14 0 022514 131.35 100.33.6110 1402 022514 GLJ7213 131.35 022514 14020925 100 22 17657 PROSHRED SECURITY 990003522 DOCUMENT SHREDDING SERVICES 03/03/14 0 022514 53.00 100.22,5110 1402 022514 GLJ7214 53,00 022514 14020871 100 22 17640 PSP-BROOKFIELD 31GF4060 VEHICLE REPAIR PARTS 03/03/14 0 022514 100.76 100.22.5370 1402 022514 GLJ7213 100.76 022514 14020872 100 22 17640 PSP-BROOKFIELD IOGF4765 VEHICLE REPAIR PARTS 03/03/14 0 022514 22.66 100.22.5370 1402 022514 GLJ7213 22,66 022514 14020874 510 32 19015 RADICOM INC 99999 SCADA REPAIRS 03/03/14 0 022514 257.50 510,32.6110 1402 022514 GLJ7213 257.50 022514 14020875 510 32 19157 REICHE'S PLUMBING SEWER 2/3/14THAW SEWER SERVICE LINE 03/03/14 0 022514 200.00 510.32.5380 1402 022514 GLJ7213 200.00 022514 14020876 100 00 19147 RELIABLE OFFICE SUPPLIES FOG34100 OFFICE SUPPLIES 03/03/14 0 022514 146.43 100.00,6210 1402 022514 GLJ7213 146.43 022514 14020977 100 33 19531 ROC CONSTRUCTION SUPPLY 23897 SUPPLIES 03/03/14 O 022514 180.84 100.33.6110 1402 022514 GLJ7213 180,84 022514 14020878 100 33 19763 RUSH TRUCK CENTERS OF IL 11201674 VEHICLE REPAIR PARTS 03/03/14 0 022514 1,527.52 100,33,5370 1402 022514 GLJ7213 1527,52 022514 14020879 100 33 19763 RUSH TRUCK CENTERS OF IL 11202238 VEHICLE REPAIR PARTS 03/03/14 0 022514 184.25 DATE 2/26/2014 11:55 AM CITY OF MCHENRY PAGE 11 LIST OF BILLS COUNCIL MEETING 3/3/14 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE -----------------------------------------------------------------------------------------------------------------------"_----------- 100.33.5370 1402 022514 GLJ7213 184.25 022514 14020926 100 33 19763 RUSH TRUCK CENTERS OF IL 11202687 VEHICLE REPAIR PARTS 03/03/14 0 022514 86.53 100.33,5370 1402 022514 GLJ7214 86.53 022514 14020927 100 33 19763 RUSH TRUCK CENTERS OF IL 11202299 VEHICLE REPAIR PARTS 03/03/14 O 022514 80.06 100.33.5370 1402 022514 GLJ7214 80.06 022514 14020928 100 33 19763 RUSH TRUCK CENTERS OF IL 11201195 VEHICLE REPAIR PARTS 03/03/14 0 022514 80,26 100.33.5370 1402 022514 GLJ7214 80,26 022514 14020880 100 33 20153 SECTION 9 DOORS & HARDWA 4005 DOOR INSTALLATIONS 03/03/14 0 022514 2,470.00 100.33,6115 1402 022514 GLJ7213 2470.00 022514 14020881 100 33 20576 SPRING ALIGN OF PALATINE 95214 VEHICLE REPAIR PARTS 03/03/14 O 022514 792,64 100.33.5370 14D2 022514 GLJ7213 792,64 022514 14020882 100 33 20708 STANDARD INDUSTRIAL & AU IW-3896 SUPPLIES 03/03/14 0 022514 95.00 100.33.6110 1402 022514 GLJ7213 95,00 022514 14020883 100 22 20705 STAPLES CREDIT PLAN 969811931 OFFICE SUPPLIES 03/03/14 0 022514 26,99 100,22,6210 1402 022514 GLJ7213 26.99 022514 14020884 100 22 20709 STATE SURPLUS PROPERTY R 2014 LEBO PROGRAM MEMBERSHIP FEE 03/03/14 0 022514 600,00 100.22,5410 1402 022514 GLJ7213 600.00 022514 14020885 100 03 20736 SUBURBAN BUILDING OFFICI 3/7/14CONFERENCE REGISTRATION 03/03/14 O 022514 250,00 HEADLEY-POLERECKY 100,03.5430 1402 022514 GLJ7213 250.00 022514 14020886 100 22 20747 SUNNYSIDE COMPANY 171719VEHICLE REPAIR PARTS 03/03/14 O 022514 202.50 100,22.5370 1402 022514 GLJ7213 202.50 022514 14020929 100 22 20747 SUNNYSIDE COMPANY 171802VEHICLE REPAIR PARTS 03/03/14 0 022514 48.28 100,22.5370 1402 022514 GLJ7214 48.28 022514 14020930 100 22 20747 SURN YSIDE COMPANY 69471 VEHICLE KEYS 03/03/14 O 022514 210.25 100.22.5370 1402 022514 GLJ7214 222.64 022514 100.22.5370 1402 022514 GLJ7214 TAX EXEMPT 12.39CR 022514 14020931 100 22 20889 SYNEK, JENNIFER 2/19-21/14CONFERENCE EXPENSE REINS 03/03/14 0 022514 67.00 100.22.5420 .1402 022514 GLJ7214 67.00 022514 14020887 100 22 21538 TOPS IN DOG TRAINING COR 15334 K-9 TRAINING/HOARDING/FOOD 03/03/14 0 022514 349.99 100.22,6310 1402 022514 GLJ7213 349.99 022514 14020888 100 22 22396 ULTRA STROBE COMMUNICATI 10503 VEHICLE EQUIPMENT PARTS 03/03/14 0 022514 35.90 100,22.5370 1402 022514 GLJ7213 35.90 022514 14020889 100 22 22396 ULTRA STROBE COMMUNICATI 10507 VEHICLE EQUIPMENT INSTALLATION 03/03/14 0 022514 560.85 100.22.5370 1402 022514 GLJ7213 560,85 022514 DATE 2/26/2014 11:55 AM CITY OF MCHENRY PAGE 12 LIST OF BILLS COUNCIL MEETING 3/3/14 CLAIM N FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 14020932 100 22 22396 ULTRA STROBE COMMOVICATI 10524 VEHICLE EQUIPMENT PARTS 03/03/14 0 022514 97.90 100.22.5370 1402 022514 GLJ7214 97.90 022514 14020890 100 33 22665 US BANK EQUIPMENT FINANC 247807415 COPIER LEASE PAYMENT #11 OF 03/03/14 0 022514 97.34 100,33.5110 1402 022514 GLJ7213 97,34 022514 14020891 510 XXXXX 22665 US BANK EQUIPMENT FINANC 247807415 COPIER LEASE PAYMENT #11 OF 03/03/14 0 022514 194.66 510.31.5110 1402 022514 GLJ7213 97.33 022514 510.32.5110 1402 022514 GLJ7213 97.33 022514 14020892 100 22 23153 VERIZON WIRELESS 1674826 SUBPOENA FEE 03/03/14 0 022514 100.00 100,22.5110 1402 022514 GLJ7213 100,00 022514 14020893 510 32 23287 VIKING CHEMICAL COMPANY 253822CHEMICALS 03/03/14 0 022514 2,604.80 510.32.6110 1402 022514 GLJ7213 2604.80 022514 14020894 510 32 24028 WASTE MANAGEMENT OF WI P 2748127426SLUDGE DISPOSAL SERVICES 03/03/14 0 022514 12,053.78 510.32.5580 1402 022514 GLJ7213 12053,78 022514 14020933 510 31 24037 WATER PRO➢UCTS - AURORA 246519SUPPLIES 03/03/14 0 022514 193.20 510.31.6110 1402 022514 GLJ7214 193.20 022514 14020695 100 47 24160 WENDT, REBECCA 1/17-2/21 PARKS PROGRAM INSTRUCTOR 03/03/14 0 022514 150.00 100,47,5110 1402 022514 GLJ7213 150.00 022514 14020896 100 33 27295 ZIMMERMAN, BOB CLOTHING ALLOWANCE PRIME 03/03/14 0 022514 94.83 100,33,4510 1402 022514 GLJ7213 94,83 022514 14020897 100 01 27765 ZUKOWSKI ROGERS FLOOD & 107243LEGAL FEES - TRAFFIC 03/03/14 0 022514 8,712.20 100.01.5230 1402 022514 GLJ7213 8712.20 022514 14020898 100 01 27765 ZUKOWSKI ROGERS FLOOD & 107244LEGAL FEES - CORP 03/03/14 O 022514 4,148.50 TITLEMAX 100.01.5230 1402 022514 GLJ7213 4148.50 022514 14020699 XXXXX XXXXX 27765 ZUKOWSKI ROGERS FLOOD & 107264LEGAL FEES - CORP 03/03/14 0 022514 3,525.00 100.01,5230 1402 022514 GLJ7213 1350,00 022514 290.00.5110 1402 022514 GLJ7213 2175.00 022514 GRAND TOTALS EXPENDED 318�179.94 LIQUID ACCRUAL RECAP TOTALS EXPENDED LIQUID ACCRUAL FUN➢ TOTALS 100 GENERAL FUND 105,784.06 DATE 2/26/2014 11:55 AM CITY OF MCHENRY PAGE 13 LIST OF BILLS COUNCIL MEETING 3/3/14 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION INVENTORY # LOC UNIT COSTS PROJECT # CO➢E 200 TOURISM FUND 1,210.00 225 ALARM BOARD FUND 390.00 260 ANNEXATION FUND 2,193.00 270 MOTOR FUEL TAX FUND 8,850.48 290 TIF FUND 2,175.00 400 RECREATION CENTER FUND 11472,10 440 CAPITAL IMPROVEMENTS FUND 15,305.70 510 WATER/SEWER FUND 1178,151,93 620 INFORMATION TECHNOLOGY FUND 2,647.67 **** 318,179.94 DATE STAT ACCR DT AMOUNT CHECK AMOUNT ACCR DT LIQUIDATED Office of the City Administrator Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: March 3, 2014 TO: Mayor and City Council FROM: Derik Morefield, City Administrator Bill Hobson, Deputy City Administrator RE: Consideration and Adoption of a Resolution Approving Professional Service Agreements for Architectural, Engineering and Project Oversight Services and Amending the FY13/14 Budget for the Establishment of a City of McHenry Recreation Center ATTACHMENTS: FGM Architects Architectural Services Professional Services Agreement HR Green Engineering Design and Construction Professional Services Agreement Resolution Approving Professional Service Agreements for Architectural, Engineering and Project Oversight Services and Amending the FY13/14 Budget for the Establishment of a City of McHenry Recreation Center BACKGROUND: The question of a recreation center in the City of McHenry has been a long debated topic. It is one that has also been tied to the aquatics options with the first discussions dating all the way back to 1980 and the conversation of whether to build a community pool or a recreation center. At that time, the community pool option was chosen, built, and opened in 1981. With this need answered the focus shifted to the possibility of a recreation center. In 1990, the City conducted a comprehensive Attitude and Interest Survey of residents to identify programs and facilities desired in the community. A multi -purpose community recreation center was identified as a need and strongly supported by resident responses. In 1995 a full audit of the community and a needs assessment was completed, again illustrating the community's desire for an indoor recreation facility. Planning began that year to investigate the size, location and possible funding source for the facility. The preliminary designs called for a 50-60,000 square foot building that would accommodate a wide variety of city programs. This facility would potentially be located immediately west of the Municipal Center and south of Knox Park on land owned by the city. In 1997 the measure was presented to City Council for a vote with an expansion of the tele- communications tax as a potential funding source. The measure failed 3-4, yet the need remained and was recognized. Shortly after, a mechanism was established to divert a portion of developer donations into a dedicated recreation center fund. In 2001, the city placed a question of the recreation center on an advisory referendum ballot asking residents if they would like a recreation facility constructed in the City of McHenry. The results left the city in essentially the same place as it began with counted ballots amounting to 51-49% opposed to the measure. At this point the city also explored the option of partnering with a local YMCA on a shared facility however the details and divided revenue between the agencies proved too large an obstacle to overcome. As of 2002 the recreation center fund had grown to $4 Million and the funding mechanism had expired so no further funds were added to the dedicated account. With no partners and an estimated price tag of over $10 Million the project was shelved. It was brought up from time to time at the committee level and most recently discussed at multiple meetings in 2012 with the potential to utilize the funds to build a recreation center and renovate a now aging community pool. These thorough discussions, as well as the rising costs of construction that essentially is deteriorating the accrued money in the recreation center fund, led the city to try to again answer the recreation center question in a manner that would allow for phasing of both a recreation and an aquatic facility on the previously identified city owned property. In early 2012, with an understanding of the dynamics and interrelationship of the needs identified above, City Administration was able, with gratis assistance from HR Green, to develop conceptualized site plans for the development of a combined recreation and aquatics facility on the 10+ acre property owned by the municipality just west of the existing Municipal Center parking lot. The original thought behind a combined facility is that it could maximize shared space (such as parking, restroom/changing facilities, public space) and develop a facility that could: 1) provide a facility that could accommodate consolidated recreation programming (dance classes, group fitness, multi use rooms), a fitness area (free weights, weight machines, cardio fitness machines) resulting in recreation services being relocated out of the Municipal Center; 2) provide a family -oriented aquatics facility to serve the residents of McHenry and attract customers from the surrounding market area; and, 3) provide sufficient opportunities for future expansion of both recreation and aquatics, including the eventual decommissioning of the PeterJ. Merkel facility. At a May 13, 2013 Committee of the Whole meeting Williams Architects presented the conceptual design to Council and, after discussion, Council concurred that staff should work with HR Green to develop a formal Request for Qualifications (RFQ). An amendment to the Recreation Center Fund and professional services agreement with HR Green was approved by Council on June 3, 2013 and on August 19, 2013 Council approved retaining Dewberry Architects, Inc. to conduct a feasibility analysis and provide architectural services related to the design and construction of a recreation/aquatics facility. Subsequent to the selection of Dewberry Architects, Inc., at the direction of staff Dewberry set out to develop a plan for a combined recreation and aquatics facility based on a total project budget of $8 million. This amount was used as a target under the potential for utilizing the $4 million in the Recreation Center Fund and financing the remaining $4 million through bonds financed with revenues generated by the facility. An important component of Dewberry's scope of work was also to conduct financial pro formas analyzing various facility concepts with the goal of identifying a facility sized appropriately to meet the needs of the community, but that can be funded without the need to utilize General Fund dollars. At a January 6, 2014 Committee of the Whole meeting Dewberry Architects presented the results of the feasibility study. In short, the study identified that the development of a combined recreation and aquatics facility was not financially feasible without a significant apportionment of funding being derived from revenues other than what is available in the Recreation Center Fund or through facility -generated revenues. Based on this, a recommendation was made by Dewberry Architects that either a recreation facility or an aquatic facility could be developed based on the funding available. After discussion, by consensus the City Council directed staff to move forward with a process for the development of a recreation facility with a clear understanding that any facility developed should be able to be developed and operated based funding available via the Recreation Center Fund and revenues/fees generated from the use of the facility by users. ANALYSIS: Subsequent to the January 6, 2014 Committee of the Whole meeting and related Council direction, staff set out to gather cost information related to final design, engineering, site development and facility construction with the end result being the consideration of architectural and engineering agreements and the actual construction of the facility. With a clear understanding of Council's desire to develop the largest quality facility in the most time efficient and cost-effective way possible, staff solicited and accepted architectural design and engineering proposals from three entities — Dewberry Architects, FGM Architects (a finalist for the Phase 1 feasibility analysis portion of the project), and HR Green (who identified that they would partner with an architect for the project). Of note, in the cost comparison below the civil engineering for all proposals would be undertaken by HR Green. This was at the request/direction of City Staff as HR Green is the city's approved contractual engineer and is already familiar with the site characteristics. In addition, the HR Green full project proposal in the chart below identifies the costs if HR Green were to partner or subcontract with an architectural firm for architectural design services. Firm Architectural Civil Total Dewberry $678,670.00 $136,000.00 $814,670.00 HR Green $4970000,00 $136,000,00 $633,000.00 FGM Architects $359,000,00 $136,000,00 $4950000,00 RECOMMENDATION: Based on the information provided above and extensive discussions between staff and the firms listed above, it is the recommendation of staff that Council consider the approval of professional services agreements with FGM Architects for architectural services and with HR Green for engineering and project oversight services. City staff has spoken with each of the entities above on numerous occasions to verify the cost estimates provided and to ensure that the scope of services will result in the same outcome. As identified previously, FGM Architects was a finalist for the Phase 1 feasibility analysis and, as such, have already been pre -qualified through that process for the scope of what is being proposed at this time. In addition, FGM Architects and the city already have a relationship as FGM is conducting a space study/space needs analysis of the municipal center. City staff is confident that a project team comprised of FGM Architects and HR Green is the best fit for the development of the recreation center. The City's legal counsel has verified that the municipality has the legal authority under its home rule authority to contract with the existing applicants in the original RFP process or new contractors via a vote of 2/3 majority of the alderman holding office providing that a Resolution be adopted waiving any applicable requirement of advertisement for competitive bids. Therefore, if Council concurs, it is recommended that the attached Resolution be approved authorizing the execution of a Professional Services Agreement with FGM Architects in an amount not to exceed $359,000 for architectural services for the development of a recreation center; and authorizing the execution of a Professional Services Agreement with HR Green in an amount not to exceed $136,000 for engineering and project oversight services for the development of a recreation center; and amending the FY13/14 Budget item 400.00.8200 (Recreation Center Construction Fund) for expenditures in the amount of $495,000. FGM ARCHITECTS February 24, 2014 Mr. Bill Hobson Deputy City Administrator City of McHenry 333 S. Green Street McHenry, IL 60050 Re: ArehitecturalServices for the McHenry Recreation Center Dear Bill: FGM Architects is very excited submit this proposal for architectural and engineering services for design and construction of the McHenry Recreation Center for the City of McHenry. We have enjoyed working with you on the Municipal Center Study and sincerely look forward to the possibility of working with you on this project. We believe that our team is uniquely qualified to deliver this project successfully for the City of McHenry. Team members and consultants have extensive experience in the design of recreational facilities, including fitness and community centers and master planning multi -phased projects. FGM provides a collaborative process with clients and consultants leading to a more integrated project approach and better quality of project documentation and coordination. FGM brings to the project a reputation for design excellence and quality service throughout Illinois. We have enclosed a copy of our proposal for your review. Should you have any questions regarding the enclosed proposal or require additional information please let us know. We look forward to the opportunity to assist the City of McHenry with this exciting project. Sincerely, FGM Architects, Inc. Rdymond K. Lee, AIA, LEED AP Principal in Charge John C. zarnowski, AIA Director, Municipal and Recreation ::GM ARCHITECTS Proposal for Architectural Services For MCHENRY RECREATION CENTER McHenry, Illinois Submitted to: CITY OF MCHENRY 333 S. Green Street McHenry, IL 60050 By: FGM ARCHITECTS INC. 1211 West 22nd Street, Suite 705 Oak Brook, IL 60523 February 24, 2014 FGM ARCHITECTS 1,0 SCOPE OF PROJECT 1:0.1 The City of McHenry, hereinafter referred to as the Owner, intends to construct a new±18,000 square foot Recreation Center. 1.0.2 The total project budget is estimated to be $4,500,000 to $5,000,000 and includes construction cost, fees and furnishings, fixtures and equipment. 1.0.3 The City would like to begin construction in the fall of 2014 and have the Recreation Center open in mid -summer of 2015 1.0.4 The proposed site is currently owned by the City of McHenry 1.0.5 Site engineering and landscape design will be provided by H.R. Green, Inc. FGM has included coordination of these services to help ensure a seamless project. 1.0.6 At this time, the Project is anticipated to be delivered via General Construction project delivery method with potential bidders being pre -qualified prior to the bidding process. 2.0 SCOPE OF ARCHITECT'S SERVICES FGM Architects Inc., hereinafter referred to as FGM or Architect, shall provide the following professional Architectural services for the Project: 2.1 Design Services 2.1.1 Schematic Design and Design Development Phases 2.1.1.1 Develop Schematic and Design Development Phase plans for the proposed new Recreation Center as indicated in the Scope of Project above and based on a preliminary program prepared separately by the City. Prepare schematic design and once approved by the Owner (with any modifications as authorized) FGM shall prepare Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Scope of Work assigned to FGM. 2.1.1.2 FGM shall provide input regarding civil, landscape, structural, mechanical, electrical, plumbing and fire protection (MEP) systems to the Owner. 2.1.1.3 FGM shall assist the Owner in preparing the required documents for Planning and Zoning Commission approval as required. 2.1.1.4 Meetings with the Owner, Planning and Zoning Commission and City Council are included in this phase as required. 2.1.2 Construction Document Phase 2.1.2.1 Upon approval of the Design Development Phase, FGM shall prepare complete Construction Documents for the Project. The Construction FGM ARCHITECTS Documents shall consist of complete Contract Drawings, Specifications, and other necessary documents as required to secure a building permit for the Project and proceed with the Construction Procurement Services for the Project. 2.1.2.2 Contract Documents shall include Architectural, Structural and MEP Engineering drawings and specifications. 2.1.2.3 FGM shall assist the Owner in coordinating the services of H.R. Green for Civil Engineering and Landscape Architecture. 2.1.2.4 FGM shall assist the Owner in filing the required documents for the building permits for the project. 2.1.2.5 Meetings with the Owner, and Code Authorities as necessary, are included in this phase as required. 2.2 Construction Procurement Services 2.2.1 Bidding or Negotiation Phase 2.2.1.1 FGM will assist the Owner in preparation of a General Contractor Bidders Prequalification Request (RFQ) for the project. 2.241.2 Assist the Owner in soliciting prequalification requests and reviewing Contractor qualifications with the Owner. 2.2.1.3 Administer the bidding process with pre -qualified General Contractors. 2.2.1.4 Respond to questions and provide clarifications to bidders, and issue Addendums as required to bidders. 2.2.1.5 Attendance at Pre -Bid Meeting, Bid Opening and presentation of bids to the City Council are included in this phase. 2.3 Contract Administration Services 2.3.1 Construction Phase -Administration of the Contract 2.3.1.1 FGM shall assist with the administration of construction contracts including shop drawing and other submittal review as required. 2.3.1.2 Attend an average of one (1) On -Site Owner/Architect/Contractor (OAC) meeting combined with one (1) On -Site Observation visit per week to monitor Construction Phase activities for general conformance with Construction Documents, not to exceed 48 total combined On -Site meetings / site visits. 2.3.1.3 Prepare Punch -List and related follow-up of same. 2.4 Consultants FGM ARCHITECTS FGM has included structural, mechanical, plumbing and electrical engineering consultants as part of this proposal to be compensated for as indicated below. Plat of su vey and topographic surveys as required, geotechnical (soil borings), material testing, hazardous waste engineering services and traffic/parking studies are not included in our proposal. 3.0 ARCHITECT'S COMPENSATION The Owner shall compensate FGM Architects for professional Architectural services endered in connection with the Project under this Proposal as follows: 3.1 For all professional services in connection with the Design Services as described in Paragraphs 2.1 through 2.4 above we propose a Stipulated Sum of $344,000.00 plus Reimbursable Expenses as defined within this Proposal. Local travel (travel less than 100 miles), phone, fax, and printing of review sets for design coordination shall not be charged as a Reimbursable Expense. 3.2 Compensation shall be distributed to each Phase based on the following percentages: Schematic Design Phase 15% of total compensation Design Development Phase 25% of total compensation Construction Document Phase 35% of total compensation Bidding and Negotiation Phase 05% of total compensation Construction Phase 20% of total compensation Total 100% 3.3 Alternate Services 3.3.1 Audio/Visual System Design: If Owner would like FGM to provide audio/visual system design for the project, including sound and audio systems for the fitness center, multi -purpose rooms, lobby and conference room, add $7,000.00 to item 3.1 above. 3.3.2 Furniture Design Services: If Owner would like FGM to provide furniture design and procurement services for the lobby, multi -purpose rooms, office areas and miscellaneous furnishings for the fitness center, add $8,000,00 to item 3.1 above. Please note, furniture procurement would be a separate bid package. Fitness equipment layout, design and procurement is not included as part of this service. 3.4 For any Additional Services authorized by the Owner beyond the scope of this Proposal FGM shall be compensated on the basis of the hourly rates described in the attached Hourly Rate Schedule for the professional and technical employees FUM ARCHITECTS engaged on the Project plus Reimbursable Expenses. Consultants (if any) Hourly Billing Rate Schedule for the Project shall be forwarded to Owner upon Owner's request. 3.5 In addition to the compensation above, FGM shall be reimbursed for additional expenses in connection with the Project, invoiced to the Owner at One Hundred Ten Percent (1.10) times Architect's actual direct cost of some, for the below items. 3.5.1 Expense of postage and/or delivery. 3.5.2 Expense of Contract Document printing for permit submittal. 3.5.3 Fees and expenses of consultants not included in this Proposal, as identified in 2.4 above. 3.5A Expense of models authorized by the Owner. 3.5.5 Any fees paid by FGM to authorities having jurisdiction over the project. 3.5.6 Expense of Contract Document printing for bidding and construction purposes. 3.6 Payments 3.6.1 Payments shall be made by the Owner to FGM upon receipt of FGM's invoice in accordance with the Illinois Local Government Prompt Payment Act. 3.7 Non-payment of invoices shall constitute grounds for discontinuing service. 4.0 Form of Agreement 4.1 Should our proposal be acceptable, it is our intention to enter into a formal agreement using an AIA Standard Form of Agreement Between Owner and Architect, with modifications as mutually agreeable. We appreciate this opportunity to be of service to the City of McHenry for this exciting Project. FGM ARCHITECTS INC. ::GM ARCHITECTS HOURLY RATE SCHEDULE Effective November I, 2013* Where the fee arrangements are to be on an hourly basis, the rates shall be those that prevail at the time services are rendered. Current rates are as follows: Arch IV Arch III Arch II Arch I $185.00 $140.00 $1 10.00 $85,00 Construction Administrator $140.00 Project Administrator III $105.00 Project Administrator II $80,00 Project Administrator 1 $70,00 Principal $225.00 *Hourly rates are subject to adjustment on November 1 each year. HRGreen PROFESSIONAL SERVICES AGREEMENT For City of McHenry Recreation Facility Design and Construction Mr. Bill Hobson Deputy Administrator City of McHenry 333 South Green Street McHenry, Illinois 60050 (815)363-2108 Prepared by: Chad J. Pieper, P.E. Project Manager HR Green Job No.: 86140047 March 3, 2014 Join the Centennial Celebration at HRGreen.com Phone 815.385.1778 Fzx 815.385.1781 Toll Free 800.728.7805 420 N. Front Street, Suite 100, McHenry, IL 60050 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Professional Services Agreement City of McHenry — Mr. Bill Hobson Recreation Center —Design thru Construction HR Green Job No.: 86140047 March 3, 2014 Page 1 of 14 THIS AGREEMENT is between CITY OF McHENRY (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 WHEREAS, the CLIENT intends to retain COMPANY to render certain professional engineering and project management services (hereinafter "services") for the development of a Recreation Facility. The Recreation Facility consists of an approximately 18,000 square feet building with approximately 60 parking stalls with a room program determined by the CLIENT. The location and general orientation of the facility will be based on a Master Plan developed by Dewberry Architects for the CLIENT for the approximately 6.46 acres site located at the northeast corner of Knox Drive and Municipal Drive and immediately west of the existing municipal center in the City of McHenry, Illinois.. 1. There are no known wetlands on -site. 2. No modifications to off -site roadways are included in this proposal as no work is anticipated in either right-of-way of Municipal Drive or Knox Drive. If through the design of the project it is determined that work within one or both right-of-ways is required an addendum to this proposal will be issued for those services. 3. It is assumed the architect will provide a photometric plan as part of their plan set and, as such, time is not included in this proposal for this service. Time has been included in this proposal to coordinate with the architect as well as incorporate their drawings into the plan set. 4. As the overall disturbed site area will be greater than 1.0 acres a Stormwater Pollution Prevention Plan (SWPPP) and Notice of Intent through the IEPA will be required and preparation of these is included in this proposal. 5. It is assumed the proposed sanitary sewer and water service can be extended from existing mains within the right of way of Municipal Drive and no off -site sanitary sewer or water service extensions will be required. Additionally it is assumed a watermain loop around the building will not be required as part of this initial phase and as such not included in this proposal. If through the design process it is identified an off -site extension and/or watermain loop will be required, an addendum to this proposal will be issued for these design services. 6. It is assumed the project will generate more than 15 P.E. of sanitary discharge per day and, as such, a permit through the IEPA for the sanitary sewer service will be required and, as such, is included in this proposal. 7. Stormwater detention will be required for this development and design to develop an open air detention basin east of the proposed access drive is included in this proposal. Additionally COMPANY, from a preliminary standpoint, will review the site as a whole to determine overall stormwater detention needs for the full buildout of the master plan. Both basins will be conceptually designed to ensure the basin developed to the east of the access drive will support the proposed and required portions of the future needs to minimize impacts when the aquatic park Professional Services Agreement City of McHenry — Mr. Bill Hobson Recreation Center —Design thru Construction HR Green Job No.: 86140047 March 3, 2014 Page 2 of 14 is constructed. 8. COMPANY assumes that the requested Landscape Plans will only address interior lot landscaping, parking lot landscaping, foundation landscaping, buffer yard and storm water basin landscaping. It is our understanding that the CITY will not require Landscape Plans addressing any additional areas such as parkways, service areas, entry ways, plazas, signage, etc. If any of these additional types of landscaping are required by the CITY, an addendum can be provided to complete this work.; and 1.2 WHEREAS, COMPANY is willing to provide the services for consideration and upon the terms herein stated; 1.3 Now, THEREFORE, in consideration of the services to be performed by COMPANY and payment by the CLIENT, the parties agree to the terms, provisions, and conditions as hereinafter set forth. 2.0 Scope of Services The Scope of Services requested by the CLIENT shall be described in the following Phases: 100 -Program Management 100.1 —COMPANY shall provide general management tasks, such as scheduling, invoicing, progress reports, contract administration, accounting control , and documentation control. COMPANY shall organize weekly scheduling, sub consultants, budget control, internal design meetings and external CLIENT updating, as necessary. The focus of this item is to maintain focus on the schedule, scope and budget keeping all parties informed as to their various status. Coordination among the team members, including, COMPANY, CLIENT and Contractor are essential to successful project completion. 100.2 COMPANY shall attend Design Meetings with the CLIENT at intervals as described in the sections below. 200 -Engineering Site Design 200.1 Conceptual Engineering Services 200.1.1 Based upon the chosen sketch plan as prepared by the architect COMPANY will prepare a concept plan in accordance with City design standards and good engineering practice. The concept plan will include Professional Services Agreement City of McHenry — Mr. Bill Hobson Recreation Center —Design thru Construction HR Green Job No.: 86140047 March 3, 2014 Page 3 of 14 applicable site data including number of proposed parking spaces as well as proposed impervious ratio and associated percentages. Up to two revisions to this concept plan are included in this proposal. Revisions requested beyond this allotment will be reviewed an addendum issued if applicable. 200.1.2 COMPANY will prepare a Conceptual Engineers Opinion of Probable Cost that will be reflective of the proposed improvements for use in budgeting. A potential phasing plan will be prepared based upon the budget. 200.1.3 Company will attend up to two meetings to review the concept plan/ EOPC and to discuss potential phasing of improvements. 200.2 Preliminary Engineering Services 200.2.1 Stormwater Drainage Research/Analysis: As noted in the general understanding, stormwater detention for this development will be required. As such, COMPANY will complete the following: 200.2.1.1 Determine pervious and impervious areas for the proposed development as well as future buildout to be used in preliminary sizing the detention basins. 200.2.1.2 Utilizing the McHenry County Stormwater tables establish a volume of detention required based upon pervious and impervious areas determined above. 200.2.1.3 Develop surface and subsurface drainage plan. Establish finished floor elevation to achieve an economical earthwork condition on -site. 200.2.1.4 Design Stormwater conveyance system for proposed construction. 200.2.1.5 Prepare Preliminary Stormwater Management Report. 200.2.2 Preliminary route on -site sanitary and water mains and services and coordinate with the City Public Works and Sewer Departments. 200.2.3 Utilizing the approved concept plan COMPANY will generate a set of preliminary engineering plans to further refine the project budget. A typical set of Preliminary Engineering Plans include the following items listed below and are completed in accordance with the City of McHenry requirements and good engineering practices: 9 Cover Sheet/General Information —one (1) sheet Professional Services Agreement City of McHenry — Mr. Bill Hobson Recreation Center —Design thru Construction HR Green Job No.: 86140047 March 3, 2014 Page 4 of 14 • Specifications/General Notes —two (2) sheets • Existing Conditions Sheet — one (1) sheet • Overall Layout Plan/Site & Utility Plan — one (1) sheet • Grading/Storm Sewer/Stormwater Management Plan — one (1) sheet • Standard Details — five (5) sheets • Autoturn Truck Movement Exhibits 200.2.4 An Engineer's Opinion of Probable Construction Cost (EOPCC) will be completed after Preliminary Engineering Plans have been completed and approved by the CLIENT for project budget tracking purposes. 200.3 Final Engineering Services 200.3.1 Stormwater Drainage Research/Analysis: The Stormwater Management Report will be revised to incorporate comments received from the CLIENT through the Preliminary Engineering phase as well as update the calculations to reflect any modifications to the site plan. The following will be completed as part of updating these calculations: 200.3.1.1 Verify original assumptions for pervious and impervious areas for the proposed development. 200.3.1.2 Revise layout of detention basin if applicable 200.3.1.3 Finalize surface and subsurface drainage plan. Revise finished floor elevation if necessary to achieve an economical earthwork condition on -site. 200.3.1.4 Finalize design of stormwater conveyance system for proposed construction. 200.3.1.5 Revise Stormwater Management Report for Client review/approval. 200.3.2 Finalize design of the on -site sanitary and water mains and services. 200.3.3 Dry Utility Coordination: COMPANY will coordinate with the dry utility companies to determine service routes. COMPANY will prepare service applications and coordinate with the architect for applicable load letters. Time for this will be billed on a Time & Material basis and included in the administration/coordination phase below. Professional Services Agreement City of McHenry - Mr. Bill Hobson Recreation Center -Design thru Construction HR Green Job No.: 86140047 March 3, 2014 Page 5 of 14 200.3.4 A typical set of Final Engineering Plans include the following items listed below and are completed in accordance with the Village of Vernon Hills requirements and good engineering practices: • Cover Sheet/General Information —one (1) sheet • Specifications/General Notes — two (2) sheets • Existing Conditions Sheet — one (1) sheet • Demolition Plan — one (1) sheet • Stormwater Pollution Prevention (SWPP) Plan — one (1) sheet • SWPP Notes— one (1) sheet • SWPP Details — one (1) sheet • Overall Layout Plan/Site Plan — one (1) sheet • Grading/Storm Sewer Plan —three (3) sheets • Utility Layout — Sanitary, Water, and Utility crossings— two (2) sheets • Standard Details — five (5) sheets • Plan & Profiles of Sanitary Sewer Main Extensions for IEPA approval - one (1) sheet 200.3.5 Assist in obtaining approvals from the following Agencies: City of McHenry Illinois Environmental Protection Agency 200.3.E An Engineer's Opinion of Probable Construction Cost (OPCC) will be completed after Final Engineering Plans and all permits and approvals have been obtained or upon Client request. In the event that an OPCC is requested prior to obtaining all permits and approvals, this request shall be billed on a time and materials basis. 200.4 Landscape Architecture Design Services 200.4.1 Preliminary Landscape Architecture Design 200.4.1.1 Based upon the provided Site Layout Plan, Grading Plan and Utility Plan, COMPANY will prepare Preliminary Landscape Plans and make up to one (1) submittal, including advised calculations and specifications to comply with the requirements of the City of McHenry's (CITY) Landscape Ordinance. 200.4.1.2 COMPANY will coordinate with CITY staff to verify ordinance interpretation and compliance, and will submit the documents to the CITY for processing. The project civil engineer will be the primary Consultant responsible for coordinating the preparation, submission and processing of any Regulatory Documentation required beyond addressing the Landscape Ordinance. Professional Services Agreement City of McHenry - Mr. Bill Hobson Recreation Center -Design thru Construction HR Green Job No.: 86140047 March 3, 2014 Page 6 of 14 200.4.1.3 The Preliminary Landscape Plans will include general locations and approximate quantities of plant material to satisfy the CITY's Landscape Ordinance requirements. A typical plant list will be provided including common and botanical names and approximate sizes. The drawings will specifically address the following: a. Lot Landscaping b. Perimeter Parking Lot Landscaping C. Interior Parking Lot Landscaping d. Foundation Landscaping e. Buffer Yard Landscaping f. Storm Water Basin Landscaping 200.4.2 Final Landscape Architecture Design 200.4.2.1 Upon review and approval of the Preliminary Landscape Plans by the CITY, COMPANY will refine the plans to accommodate any requested changes as well as base plan modifications and will submit Final Landscape Plans for final CITY approval. 200.4.2.2 The Final Landscape Plans will include finalized locations and exact quantities of plant material to satisfy the CITY's Landscape Ordinance requirements. Each proposed plant shall be identified as to botanical and common name, size and installation condition. Planting details and specifications will be provided during this phase. 200.4.2.3 COMPANY will prepare an Engineer's Opinion of Probable Cost (EOPCI for the improvements proposed on the Preliminary Landscape Plans. The EOPC is to be completed after the first submittal of the plans to the CLIENT, and will be updated once, upon final approval of the plans. In the event that an EOPC is requested prior to obtaining said approval, this request shall be billed on a time and material basis for any revisions thereafter. 200.4.3 Revisions to the Landscape Plans will only be provided between the Preliminary Landscape Plan and Final Landscape Plan submittals. If any other changes are requested or required by the CLIENT, an addendum can be provided to complete this work. Likewise, if any significant changes occur to the proposed site layout plan, grading, utilities, building architecture, etc. that affect the Landscape Plans, an addendum can be provided to complete this work. 200.4.4 If the CLIENT has further requirements of the Landscape Plans that have not been specifically defined above in the Scope of Services, an addendum can be provided to complete this work. Professional Services Agreement City of McHenry — Mr. Bill Hobson Recreation Center —Design thru Construction HR Green Job No.: 86140047 March 3, 2014 Page 7 of 14 300 - Bidding Assistance After authorization to proceed with the bidding phase, COMPANY shall: 300.1 Assume one Bidding Phase. 300.2 Print the required number of plans, specifications, and contract documents for distribution to prospective bidders, contractors, the subcontractors, and material/equipment suppliers. As directed by CLIENT, drawings and specifications can be distributed electronically in pdf format in compact disc (CD). 300.3 Assist the CLIENT in advertising for, establishing a list of prospective contractors and obtaining bids for construction, receive and process deposits for bidding documents, and maintain a record of prospective bidders to whom bid documents have been issued. 300.4 Issue Addenda as appropriate to interpret, clarify or expand bidding documents. 300.5 Consult with and advise the CLIENT as to the acceptability of subcontractors, suppliers, and other persons and organizations proposed by the Contractor for those portions of the work where such acceptability is required by the bidding documents. 300.E Attend the bid opening, prepare bid tabulation sheets, and assist the CLIENT in evaluating bids and awarding contracts for construction. 300.7 Prepare construction contract documents and deliver the executed documents to the CLIENT and its legal counsel for review 3.0 Deliverables and Schedules Included in this Contract Deliverables are anticipated by phase and are defined above. Anticipated Schedule Due to City Open Bid: September 9, 2014 Council Approval March 17, 2014 April 7, 2014 May 19, 2014 August 18, 2014 Award: September 22, 2014 Professional Services Agreement City of McHenry — Mr. Bill Hobson Recreation Center —Design thru Construction HR Green Job No.: 86140047 March 3, 2014 Page 8 of 14 This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in AgreemenUSupplemental Services The following items are not included as part of this agreement: • Construction Engineering and management services • Any environmental work, such as services related to asbestos or hazardous or toxic materials. • Permit Fees (CLIENT) • Retaining Wall Design, if necessary (by COMPANY, under separate contract) • Wetland Permitting (by CLIENT and coordinated through COMPANY, if required) • Easement Documents (CLIENT -Attorney) • Easement Exhibits (by COMPANY, under separate contract) • Groundwater Study or Report (by COMPANY, if required, under separate contract) • Base Flood Elevation Determination (by COMPANY, if required, under separate contract) • Archaeological Survey (selected by CLIENT) • Building/Monument Sign Design (by others) • Tree Survey (by COMPANY, if required) • Processing of Variances to the Subdivision and Zoning Ordinances (Attorney) • Preparation of Building Permit Application (by architect) • Design/Permitting of Offsite Water/Sanitary Sewer Main Extensions and/or Loops (by COMPANY, if required under separate contract) • Plan, Elevation or Section Illustrative Exhibits (by COMPANY, if required under separate contract) • Off -Site Roadway Improvements (by COMPANY, if required, under separate contract) • Sign Design • Irrigation Plan • Tree Survey or Tree Preservation Plan (by COMPANY, if required) • Conceptual Landscape Plans (by COMPANY, if required) • Land acquisition services are not included in the scope of work. • Construction Staking Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. Professional Services Agreement City of McHenry — Mr. Bill Hobson Recreation Center —Design thru Construction HR Green Job No.: 86140047 March 3, 2014 Page 9 of 14 5.0 Services by Others Architectural services will be provided an design professional under direct contract with the CLIENT. Soil Boring and testing services will be provided by a sub consultant, yet to be determined. 5.0 Client Responsibilities 1. Unless otherwise provided for under this Agreement, the CLIENT shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the CLIENT's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 5 days after receipt of a written request from the COMPANY, the CLIENT shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 2. The CLIENT shall establish and periodically update the CLIENT's budget for the Project, including (1) the budget for the Cost of the Work; (2) the CLIENT's other costs; and, (3) reasonable contingencies related to all of these costs. If the CLIENT significantly increases or decreases the CLIENT's budget for the Cost of the Work, the CLIENT shall notify the COMPANY. The CLIENT and the COMPANY shall thereafter agree to a corresponding change in the Project's scope and quality. 3. The CLIENT shall identify a representative authorized to act on the CLIENT's behalf with respect to the Project. The CLIENT shall render decisions and approve the COMPANY's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the COMPANY's services. 4. The CLIENT shall coordinate the services of its own consultants with those services provided by the COMPANY. Upon the COMPANY 's request, the CLIENT shall furnish copies of the scope of services in the contracts between the CLIENT and the CLIENT's consultants. The CLIENT shall furnish the services of consultants other than those designated in this Agreement, or authorize the COMPANY t to furnish them as an Additional Service, when the COMPANY requests such services and demonstrates that they are reasonably required by the scope of the Project. The CLIENT shall require that its consultants maintain professional liability insurance as appropriate to the services provided. 5. The CLIENT shall furnish tests, inspections and reports required by law or the Contract Documents, stich as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 6. The CLIENT shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the CLIENT's needs and interests. Professional Services Agreement City of McHenry - Mr. Bill Hobson Recreation Center -Design thru Construction HR Green Job No.: 86140047 March 3, 2014 Page 10 of 14 7. The CLIENT shall provide prompt written notice to the COMPANY if the CLIENT becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the COMPANY's Instruments of Service. 8. Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the CLIENT shall endeavor to communicate with the Contractor and the COMPANY's consultants through the COMPANY about matters arising out of or relating to the Contract Documents. The CLIENT shall promptly notify the Architect of any direct communications that may affect the COMPANY 's services. 9. Before executing the Contract for Construction, the CLIENT shall coordinate the COMPANY's duties and responsibilities set forth in the Contract for Construction with the COMPANY's services set forth in this Agreement. The CLIENT shall provide the COMPANY a copy of the executed agreement between the CLIENT and Contractor, ncluding the General Conditions of the Contract for Construction. 10. The CLIENT shall provide the COMPANY access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the COMPANY access to the Work wherever it is in preparation or progress. 7.0 Professional Services Fee 7.1 Fees The fee for services will be determined and outlined in each individual work order and will be based on COMPANY standard hourly rates current at the time the agreement is signed. These standard hourly rates are subject to change upon 30 days' written notice. Non salary expenses directly attributable to the project such as: (1) living and traveling expenses of employees when away from the home office on business connected with the project; (2) identifiable communication expenses; (3) identifiable reproduction costs applicable to the work; and (4) outside services will be charged in accordance with the rates current at the time the work is done. 7.2 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. The CLIENT agrees to pay in a timely manner following the terms of the "Illinois Local Government Prompt Payment Act, 50 ILCS 505". 7.3 Extra Work Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and Material basis, or as negotiated, with prior approval of the CLIENT. 7.4 Payment The CLIENT AGREES to pay COMPANY on the following basis: The Lump sum amount of $136,000.00. Professional Services Agreement City of McHenry — Mr. Bill Hobson Recreation Center —Design thru Construction HR Green Job No.: 86140047 March 3, 2014 Page 11 of 14 Base Fee Description 100 Program Management $35,000.00 200 Civil Engineering and Landscaping $91,000.00 300 Bidding Services $105000.00 Design Service Total $1361000,00 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 8.2 Entire Agreement This Agreement, and its attachments, constitutes the entire understanding between CLIENT and COMPANY relating to professional engineering services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra work or services pursuant to this Agreement, CLIENT will pay for the additional services even though an additional written Agreement is not issued or signed. 8.3 Time Limit and Commencement of Work This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein. The work will be commenced immediately upon receipt of this signed Agreement. 8.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. Professional Services Agreement City of McHenry — Mr. Bill Hobson Recreation Center —Design thru Construction HR Green Job No.: 86140047 March 3, 2014 Page 12 of 14 8.5 Book of Account COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage arising from the negligent performance by COMPANY's employees of the functions and services required under this Agreement. 8.7 Termination or Abandonment Either party has the option to terminate this Agreement for any reason or no reason at all. 8.8 Waiver COMPANY'S waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court oI competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns No assignment of this Agreement shall be made without written consent of the parties to this Agreement. 8.11 Third -Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY'S services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Illinois, McHenry County without regard to any conflict of laws provisions, which may apply the laws of other jurisdictions. t is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Illinois, McHenry County. 8.13 Dispute Resolution Mediation. The CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non -binding mediation as the parties mutually agree. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub - consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method far dispute resolution between the parties to those agreements, within McHenry County Illinois. Professional Services Agreement City of McHenry — Mr. Bill Hobson Recreation Center —Design thru Construction HR Green Job No.: 86140047 March 3, 2014 Page 13 of 14 Arbitration. In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement, involving an amount of less than $50,000, in Mediation, then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and shall proceed in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. Following unsuccessful Mediation, for disputes nvolving amounts greater than or equal to $50,000, the parties agree to submit the dispute first to non- binding Arbitration. If a dispute is still unsettled, all other legal means of dispute resolution, including ligation, shall be available to the parties, at the discretion of the complaining party.The venue of any Mediation or Arbitration proceeding shall be the McHenry Municipal Center, 333 S. Green Street, McHenry, IL 60050, or other venue otherwise agreed to by the parties. 8.14 Attorneys Fees If litigation or binding Arbitration is used for purposes of collecting fees or expenses due under this Agreement, the Court in such proceeding shall award reasonable costs and expenses, including attorney fees, to prevailing party. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. The COMPANY agrees release information pursuant to the Illinois "Freedom of Information Act, 5 ILCS 140." 8.16 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, ndemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. 8.17 Design Information in Electronic Form CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. 8.18 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and Professional Services Agreement City of McHenry — Mr. Bill Hobson Recreation Center —Design thru Construction HR Green Job No.: 86140047 March 3, 2014 Page 14 of 14 COMPANY'S consultants shall bas a e madea one nsureds on the General Contractor's and all subcontractors general liability policies on a primary and non-contributory basis. 8.19 Indemnification The COMPANY agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CLIENT, its officers, directors and employees (collectively, CLIENT) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the COMPANY'S negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the COMPANY is legally liable. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY, its officers, directors, employees and subconsultants (collectively, COMPANY) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the CLIENT'S negligent acts in connection with the Agreement and the acts of its contractors, subcontractors or consultants or anyone for whom the CLIENT is legally liable. Neither the CLIENT nor the CONSULTANT shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence or for the negligence of others. This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Work cannot begin until COMPANY receives a signed agreement. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, HR GREEN, INC. Chad J. Pieper, P.E. Project Manager Approved by: Printed/Typed Name: Timothy J. Hartnett Vice President/Practice Leader — Title: Governmental Services Date: March 3, 2014 CITY OF McHENRY Accepted by: Printed/Typed Name: Title: Date: R-14- RESOLUTION APPROVING PROFESSIONAL SERVICE AGREEMENTS FOR ARCHITECTURAL, ENGINEERING AND PROJECT OVERSIGHT SERVICES FOR THE ESTABLISHMENT OF A CITY OF McHENRY RECREATION CENTER WHEREAS, for several decades the City of McHenry k City") has discussed the need for a recreation center for its residents and several surveys were conducted that demonstrated that the residents support the ex- pansion of the City's recreational opportunities; and WHEREAS, after considerable research and investigation, the City has determined it should move for- ward with the design and construction of a recreation center; and WHEREAS, City staff was directed to solicit architectural design and engineering proposals for the de- velopment of a quality cost-effective recreation center and has recommended the City enter into a professional services agreement with FGM Architects in an amount not to exceed $359,000 for architectural services and a professional services agreement with HR Green in an amount not to exceed $136,000 for engineering and pro- ject oversight services for a City of McHenry Recreation Center; and WHEREAS, the Fiscal Year 2013/2014 budget needs to be amended in order to pay for the expenditures authorized herein; and WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contem- plated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Resolution constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, be it resolved by the City Council of the City of McHenry as follows: 1. That it waives any competitive bidding requirement with respect to and hereby approves for the Mayor's execution a) the attached professional services agreement with FGM Architects in an amount not to exceed $359,000 for architectural services and b) the attached professional services agreement with HR Green in an amount not to exceed $136,000 for engineering and project oversight services for a City of McHenry Recreation Center; and That the City's FY 2013/2014 budget item number 400,00.8200 (Recreation Center Construction Fund) be amended to reflect expenditures in the amount of $495,000. Voting Aye: Voting Nay: Abstaining: Absent: Passed and approved this day of , 2014. (SEAL) ATTEST: City Cleric Janice C. Jones APPROVED: Mayor Susan E. Low Z:\M\McHenryC ityoflResolutions\RecreationBu ilding.doc Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 bson@ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: March 3, 2014 Regular City Council Meeting RE: Illinois Park and Recreation Facility Construction Grant Program ATT: PARC-3 Resolution of Authorization Attached is a Resolution authorizing the city to apply for grant funding for the City of McHenry Recreation Center through the Illinois Park and Recreation Facility Construction Grant Program (PARC). This authorization to submit will only be applicable if the city council has approved the engineering services agreement to proceed with the overall project. PARC provides for grants to be disbursed by the Illinois Department of Natural Resources to eligible local governments for park and recreation unit construction projects. The maximum grant amount available per project for the FY 2014 grant cycle is $2.5 million and the deadline to submit an application is March 101h. The grant does call for the city to match any potential grant award dollar for dollar. In this instance with the city having nearly $4 million in the Recreation Center Fund balance, the submittal would be for the full $2.5 million dollars. If the city were awarded the full amount, we would be construct the first phase of the facility and not completely drain the Recreation Center Fund balance. Any grant award would eligible to be utilized for construction costs, as well as any architectural and engineering fees related to the proposed recreation facility. Recommendation. If Council concurs, then it is recommended a motion is made to approve the Mayor's execution of the attached Resolution as presented. STATE OF ILLINOIS / IDNR PARC PROJECT APPLICATION The (local project sponsor) PARC-3 RESOLUTION OF AUTHORIZATION l.ProjectSponsor: 2. Project Title: hereby certifies and acknowledges that it has 100 % of the funds necessary to complete the pending PARC project within the timeframes specified herein for project execution, and Yhat failure to adhere to the specified project timeframe or failure to proceed with the project because of insufficient funds or change in local recreation priorities is sufficient cause for project grant termination which will also result in the ineligibility of the local project sponsor for subsequent Illinois DNR indoor or outdoor recreation grant assistance consideration in the next two (2) consecutive grant cycles following project termination. The ALL Pt'oiects It is understood that the project should be completed within the timeframe established in the project agreement and the Final Billing reimbursement request must be submitted within one year of the expiration date. Failure to do so will result in the Project Sponsr forfeiting all project reimbursements, and relieves DNR from further payment obligations on the grant. Qoeal project sponsor) further acknowledges and certif es that it will comply with all terms, conditions and regulations of 1) the Park and Recreational Facility Consn'uction Grant Program (PARC) (17 1L Adln. Code 3070) 2) the federal Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970 (P.L. 91-646) and/or the Illinois Displaced Persons Relocation Act (310 1LCS 40 et. seq.), as applicable, 3) the Illinois Human Rights Act (775 ILCS 511-101 ct.seq.), 4) Title VI of the Civil Rights Act of 1964, (P.L. 83-352), 5) the Age Discrimination Act of 1975 (P.L. 94-135), 6) the Civil Rights Restoration Act of 1988, (P.L. 100-259) and 7) the Americans with Disabilities Act of 1990 (PL 101-336); and will maintain the project area in an attractive and safe condition, keep the facilities open to the general public during reasonable hours consistent with the type of facility, cease any farming operations, and obtain from the Illinois DNR written approval for any change or conversion of approved outdoor recreation use of the project site prior to initiating such change or conversion; and for property acquired with PARC assistance, agree to place a covenant restriction on the project property deed at the time of recording that stipulates the property must be used, in perpetuity, for public indor or outdoor recreation purposes in accordance with the PARC programs and cannot be sold or exchanged, in whole or part, to another party without approval from the Illinois DNR. BE IT FURTHER PROVIDED that the certifies to the best of its Intowledge that the information provided within the attached application is true and correct. This Resolution of Authorization has been duly discussed and adopted by the (local project sponsor) meeting held on the day of (Authorized Signature and Title) ATTESTED BY: (Name and Title) al a legal 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 REGULAR AGENDA SUPPLEMENT DATE: March 3, 2014 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: Consideration and Adoption of a Resolution Approving Professional Service Agreements for Engineering Services for the Central Wastewater Treatment Plant and the South Wastewater Treatment Plant Consolidation ATT: HR Green Professional Services Agreements Resolution Approving Professional Service Agreement for Engineering Services and Amending the FY13/14 Budget for the Central Wastewater Treatment Plant and South Wastewater Treatment Plant Consolidation BACKGROUND: At the February 17, 2014 City Council meeting, the City Council directed staff to request a Professional Services Agreement from HR Green for the engineering design of consolidating the Central Wastewater Treatment Plant and the South Wastewater Treatment Plant, ANALYSIS: Attached are two Professional Services Agreements from HR Green for the consolidation final design engineering of the Central Wastewater Treatment Plant (CWWTP) and the South Wastewater Treatment Plant (SWWTP). The Facility Plan Amendment (FPA) and National Pollutant Discharge Elimination System (NPDES) Permitting agreement is separate from the Final Design agreement because the State Revolving Loan Fund (SRF) will not cover these costs. A Facility Plan Amendment and National Pollutant Discharge Elimination System are required by the IEPA to consolidate operations of the wastewater treatment plants. The FPA/NPDES agreement includes: facility planning preliminary design; FPA report preparation: quality assurance/quality control of the facility planning process and final report; NPDES Permit Applications; and to facilitate a public hearing on the proposed modifications to the NPDES permits. The professional services fee for this agreement is a lump sum amount of $61,270. The Wastewater Treatment Facility consolidation final design agreement includes: project meetings; project management; funding assistance; permitting and regulatory coordination with the IEPA; surveying and geotechnical investigation; coordination of city staff review at 30%, 60% and 90% completion of design work to include reviews of the civil/process design, architectural design, structural design, electrical/control system design, mechanical design, force main design, and CWWTP demolition. The professional services fee for this agreement is a lump sum amount of $1,325,188. This amount must be available immediately for the project but is reimbursable once the SRF funding is awarded. Please note the final design agreement does not include bidding services as the SRF considers this to be part of the construction phase engineering. RECOMMENDATION: Therefore, if Council concurs, it is recommended that the attached Resolution be adopted authorizing the execution of a Professional Services Agreement with HR Green for Facility Plan Amendment and NPDES Permitting in the amount of $61,270; and a Professional Services Agreement with HR Green for Wastewater Treatment Facility Consolidation Final Design in the amount of $1,325,188; and amending the FY13/14 budget item 580.00.8500 (Utility Improvements Fund) for expenditures in the amount of $1,386,458. HRGreen PROFESSIONAL SERVICES AGREEMENT For City of McHenry Facility Plan Amendment and NPDES Permitting Jon M. Schmitt, Director of Public Works City of McHenry 1415 Industrial Drive McHenry, Illinois 60050 (815) 363-2186 Ed Coggin, P.E. —Project Manager Chad J. Pieper, P.E. —City Engineer HR Green 420 N. Front Street, Suite 100 McHenry, Illinois, 60050 86130419 Project Number 86130341.04 March 3. 2014 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Professional Services Agreement City of McHenry WWTP FPA and NPDES March 3, 2014 Page 1 of 6 THIS AGREEMENT is between the CITY OF McHENRY (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1 A General Understanding The City of McHenry, IL (CLIENT) is seeking a Facility Plan Amendment (FPA) that incorporates the items described in the attached memo (Exhibit A). These items will complete the consolidation of the wastewater treatment to the South Wastewater Treatment Plant site. The Client is also seeking a modification to the existing NPDES Permits for both wastewater treatment plants to facilitate the consolidation operations. 1.2 Design Criteria/Assumptions The specific services to conduct the FPA and NPDES Permitting include the evaluation of the wastewater treatment needs, development of treatment alternatives, development opinions of probable construction costs, development of preliminary design conditions, preparation of permit applications, and holding public meetings and hearings for permit comment outreach. The design criteria will include: 1. Title 35 III. Adm. Code rules and regulations Subtitle C, Part 370: Illinois Recommended Standards for Sewage Works 2. Applicable City of McHenry Building Code 3. The latest edition of the Standard Specifications for Water & Sewer Main Construction in Illinois, published by ISPE, IML, AGC of Illinois and UCG. 4. City of McHenry Stormwater Ordinance (McHenry County as amended) 5. Engineering Practices as noted in the Terms and Conditions. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: 2.1 Facility Planning Preliminary Design Services The preliminary design services include identifying the current and future loading conditions at both WWTPS and developing the treatment alternatives to cost effectively manage these wastewater loads. 2.2 FPA Report Preparation Prepare a final FPA report that satisfies the IEPA's requirements for planning documents as part of the SRF loan program. 2.3 QA/OC Review Complete a QA/OC review of the facility planning process and final FPA report. 2.4 NPDES Permit Applications Prepare application forms for modification to both of the WWTP NPDES permits. Professional Services Agreement City of McHenry VVVVTP FPA and NPDES March 3, 2014 Page 2 of 6 2.5 Public Participation Facilitate a public hearing to communicate the proposed modifications to the NPDES Permits for both facilities. This task includes holding three individual preliminary meetings with stakeholders that have an interest in the permitting process, and facilitating one public hearing to satisfy IEPA's requirements. 3.0 Deliverables and Schedules Included in this Contract The project schedule for the FPA Report and NPDES Permitting, based on major milestones, is as follows: • FPA Report Final • NPDES Permit Application • NPDES Public Hearing April 11, 2014 April 11, 2014 May 9, 2014 This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes n the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement. 1. Preparation of fliers or mailers. 2. Additional Public meetings associated with educating the public about the project. 3. Anti -Degradation Study of the Fox River. Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others Not applicable. 5.0 Client Responsibilities The ability of COMPANY to complete the Services with the above schedule is dependent upon the cooperation of the CLIENT and the timely response to the data requests. COMPANY will rely on this information in the performance of the study. Because of this reliance it is essential that the Data Requests be completed with accurate information. As the study proceeds, additional information may be requested. 7.0 Professional Services Fee 7.1 Fees The fee for services will be on a lump sum basis. Additional work will be based on COMPANY standard hourly rates current at the time the agreement is signed. These Professional Services Agreement City of McHenry WWTP FPA and NPDES March 3, 2014 Page 3 of 6 standard hourly rates are subject to change upon 30 dayswritten notice. Non salary expenses directly attributable to the project such as: (1) living and traveling expenses of employees when away from the home office on business connected with the project; (2) identifiable communication expenses; (3) identifiable reproduction costs applicable to the work; and (4) outside services will be charged in accordance with the rates current at the time the work is done. 7.2 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorney's fees. 7.3 Extra Work Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and Material basis with prior approval of the CLIENT. 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These work items are considered extra and are billed separately on an hourly basis. 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Lump sum in the amount of $61,270.00 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 8.2 Entire Agreement This Agreement, and its attachments, constitutes the entire understanding between CLIENT and COMPANY relating to professional engineering services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra work or services pursuant to this Agreement, CLIENT will pay for the additional services even though an additional written Agreement is not issued or signed. 8.3 Time Limit and Commencement of Work This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein. The work will be commenced immediately upon receipt of this signed Agreement. Professional Services Agreement City of McHenry WWTP FPA and NPDES March 3, 2014 Page 4 of 6 8.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon fve (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 8.5 Book of Account COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage arising from the negligent performance by COMPANY's employees of the functions and services required under this Agreement. 8.7 Termination or Abandonment Either party has the option to terminate this Agreement for any reason or no reason at all. 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns No assignment of this Agreement shall be made without written consent of the parties to this Agreement. 8.11 Third -Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY'S services under this Agreement are being performed solely for the CLIENT'S benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Illinois, McHenry County without regard to any conFlict of laws provisions, which may apply the laws of other jurisdictions. Professional Services Agreement City of McHenry UWVTP FPA and NPDES March 3, 2014 Page 5 of 6 It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State oIF Illinois, McHenry County. 8.13 Dispute Resolution Mediation. The CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non -binding mediation as the parties mutually agree. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements, within McHenry County Illinois. Arbitration. In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement, involving an amount of less than $50,000, in Mediation, then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and shall proceed in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. Following unsuccessful Mediation, for disputes involving amounts greater than or equal to $50,000, the parties agree to submit the dispute first to non -binding Arbitration. If a dispute is still unsettled, all other legal means of dispute resolution, including litigation, shall be available to the parties, at the discretion of the complaining party.The venue of any Mediation or Arbitration proceeding shall be the McHenry Municipal Center, 333 S. Green Street, McHenry, IL 60050, or other venue otherwise agreed to by the parties. 8.14 Attorneys Fees If litigation or binding Arbitration is used for purposes of collecting fees or expenses due under this Agreement, the Court in such proceeding shall award reasonable costs and expenses, including attorney fees, to prevailing party. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. The COMPANY agrees release information pursuant to the Illinois "Freedom of Information Act, 5 ILCS 140." 8.16 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. 8.17 Design Information in Electronic Form CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. 8.18 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, Professional Services Agreement City of McHenry WWTP FPA and NPDES March 3, 2014 Page 6 of 6 techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 8.19 I ndem n if cation The COMPANY agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CLIENT, its officers, directors and employees (collectively, CLIENT) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the COMPANY'S negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the COMPANY is legally liable. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY, its officers, directors, employees and subconsultants (collectively, COMPANY) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the CLIENT'S negligent acts in connection with the Agreement and the acts of its contractors, subcontractors or consultants or anyone for whom the CLIENT is legally liable. Neither the CLIENT nor the CONSULTANT shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence or for the negligence of others. This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Work cannot begin until COMPANY receives a signed agreement. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, HR GREEN, INC. Chad J. Pieper, P.E. Approved by: Printed/Typed Name: Timothy J. Hartnett Title: Vice President Date: 03/03/2014 CITY OF McHENRY Accepted by: Printed/Typed Name: Sue E. Low Title: Mayor Date: Exhibit A HRGreen Man -Hour Estimate WW I Consolidation FPA and NPDES Permitting Job Number: 86130341.04 Date: March 3, 2014 TASK Personnel MAN HOURS LABOR COST Facility Plan Amendment Design Project Manager 32 $5,600.00 Project Engineer 126 $160380,00 Admin. 25 $1,500.00 Subtotal: 183 $23,480,00 Report Preparation Project Manager 32 $5,600,00 Project Engineer 55 $7,150,00 Admin. 17 $1,020.00 Subtotal: 104 $13,770,00 Project Management and QA/QC Project Manager 7 $1,225.00 Project Engineer 13 $1,690,00 Admin. 3 $180.00 Subtotal: 23 $30095900 NPDES Permitting Project Manager 21 $3,675,00 Project Engineer 34 $4,420,00 Admin. 5 $300,00 Subtotal: 60 $81395.00 Meetings and Presentations Project Manager 32 $50600.00 Project Engineer 51 $6,630.00 Admin. 5 $300,00 Subtotal: 88 $12,530.00 Contract Total: $61,270.00 Based upon our understanding of the project detailed in this Contract, the above is a summary of man- hours and casts associated with the project. This Contract will be completed as a Lump Sum Contract. HrgmM1naa\\O:\96130341\Design\Cnn[ract\FPA.Contrzct\ex-030314-&hibl[_A-Manhour estimate-FPA.docx HRGreen PROFESSIONAL SERVICES AGREEMENT For City of McHenry Wastewater Treatment Facility_ Consolidation Final Design Mr. Jon Schmitt Public Works Director City of McHenry Green Street McHenry, Illinois 60050 Ed Coggin, P.E. Project Manager Chad Pieper, P.E., City Engineer Project No.: 86130341 March 3, 2014 HRGreen.com Pfvini� 815.885.1778 r:r. 815.385.1781 b III (n,800.728.7805 J2u North Rnnt Strael. �;uit� 100, M;;I-ir�nry, Illlnuia c0050 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CITY RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Professional Services Agreement McHenry WWTP Consolidation HR Green Project No.: 86130341 March 3, 2014 Page 1 of 13 THIS AGREEMENT is between City of McHenry (hereafter "CITY") and HR Green, Inc., (hereafter "CONSULTANT"). 1.0 Project Summary 1.1 General Understanding CONSULTANT agrees to design upgrades for the consolidation of processing wastewater flows at the South Wastewater Treatment Plant (SWWTP). The final design of the upgrades included in this contract will be based on the consolidation approach as presented at the February 17, 2014 City Council meeting. The Memo describing the approved approach is attached to this Agreement as Exhibit 1. This alternative consists of the following unit processes: 1. Central Regional Pump Station a. Mechanical Screens b. Raw Pump Station c. Odor Control System 2. SWWTP High Flow Pump Station a. High flow duplex pump station b. Pump upgrade for existing triplex pump station 3. SWWTP High Rate Secondary Treatment a. Control Building b. Microscreens c. Chemical Feed and RAS Pumps d. Sequencing Batch Reactor/Contact Stabilization Tanks e. High Rate Clarification 4. SWWTP Tertiary Treatment Facility a. Disc Filter Building b. UV Disinfection c. Post Aeration and Effluent Pump Station 5. SWWTP Sludge Drying System c. Solids Handling Building Expansion d. Hot Oil Sludge Drying Process Equipment 6. SWWTP Screen Building Upgrades e. Microscreen Units f. Building Modifications 7. Site Civil Design 8. Force Main Design (separate Bid Package) 9. Central WWTP Demolition Design (separate Bid Package) The buried site piping, concrete tankage, and building envelopes for the proposed improvements will be designed to allow the plant capacity to be increased in the future to accommodate higher flows. The plant upgrades include adding a new SBR activated sludge treatment process that will operate in parallel with the existing oxidation ditch activated sludge treatment process. This professional services agreement (PSA) will include the Preliminary Design Workshop (30% Design), Design Development Plans (60%), Final Design (90% Design), Professional Services Agreement McHenry WWTP Consolidation HR Green Project No.: 86130341 March 3, 2014 Page 2 of 13 Construction Documents (100% Plans), as specifically described below. It is assumed that three separate sets of bidding documents will be prepared as follows: 1. South WWTP Upgrades and Central Regional Pump Station 2. Force Main Improvements 3. Central WWTP Demolition Bidding and Construction Phase Services will be included in the next contract after design services are complete. 1.2 Design Criteria The CONSULTANT will use the following design criteria: 1. Title 35 III. Adm. Code rules and regulations Subtitle C, Part 370: Illinois Recommended Standards for Sewage Works 2. Applicable City of McHenry Building Code 3. The latest edition of the Standard Specifications for Water & Sewer Main Construction in Illinois, published by ISPE, IML, AGC of Illinois and UCG. 4. City of McHenry Stormwater Ordinance (McHenry County as amended) 5. Engineering Practices as noted in the Terms and Conditions. 2.0 Scope of Services The CITY agrees to employ CONSULTANT to perform the following services: 2.1 General Work The Project tasks included in the General Work will be performed for the duration of the project. This work is included in the activities that will be performed in all stages of the project Meetings. Monthly project update meetings will be held with the CITY to provide status reports and review progress of the design. The scope of work ncludes four (7) monthly project update meetings. Weekly internal project team meetings will be held with Engineer's staff personnel and sub consultants to review design progress. The scope of work includes 21 weekly project team meetings. CONSULTANT, in conjunction with CITY staff will develop Meeting agendas and minutes for both the monthly project update meetings and the weekly project team meetings. 2. Proiect Management. CONSULTANT shall provide on -going project management for this design and bidding phase of the project during its duration. 3. Funding Assistance. The scope of work includes providing funding assistance to the CITY including investigation of federal and state grant and low interest loan (SRF) opportunities, along with developing Engineer's Opinions of Probable Construction Costs (EOPCCs) for use in obtaining funding from other sources. This work also includes assisting the CITY in the preparation of the SRF loan application. Preparation of a SRF Facility Plan is covered under a separate contract. 4. Permitting and Regulatory Coordination Professional Services Agreement McHenry WWTP Consolidation HR Green Project No.: 86130341 March 3, 2014 Page 3 of 13 aI EPA Construction and Operating Permitting In this task, the construction documents are reviewed by the CITY and prepared for submittal to the IEPA for a construction and operating permit. Specific activities and work products from this task are described below: • Assemble the final documents and distribute them to CITY staff for final review. • Collect review comments and incorporate them into final permit documents. • Prepare and submit two (2) sets each of final bid documents to the EPA along with the appropriate permit application forms. • Finalize the Opinion of Probable Construction Cost based on final project quantities. • Develop latest cost trends for the project. b. IEPA Coordination Provide on -going coordination with IEPA throughout the duration of the project. CONSULTANT will provide assistance with approval of the Facility Plan Amendment (FPA) and funding assistance. CONSULTANT will attend up to three (3) meetings with state and city representatives to provide technical assistance to support this work. The preparation of a study of the Fox River, along with any public involvement programs, including the formation of technical advisory group (TAGS), public meetings and public hearings, is not anticipated or included in this scope of work. Coordination with the EPA and Environmental Groups for modifications to the NPDES Permits for both WWTPs will be completed under a separate contract. c. Other permits may include: • City of McHenry Building Permit • City of McHenry Stormwater Permit 2.2 Preliminary Design (30% Design) The task included in the Preliminary will be performed for the project. Preliminary Design and Workshop. Preliminary design items include the preliminary design site plan that shows where all of the improvements will be placed, and the general process piping and electrical conduit layouts. The process flow diagram will identify the unit processes that will be designed along with the flow rates and capacities of the unit processes. The hydraulic profile will show how the sewage will flow through the plant. This is substantially more detailed than the options development that has been completed and presented to the City Council to date. Once this design is completed a HRG will conduct a Preliminary Design workshop meeting with City Staff to review the results of the Preliminary Design. Professional Services Agreement McHenry WWTP Consolidation HR Green Project No.: 86130341 March 3, 2014 Page 4 of 13 Preliminary design of the force main will include a plan view of the proposed main in relation to existing topographic features and existing mains. Review layout and determine if permanent or temporary construction easements are required. Preliminary design of the demolition of central plant will include a plan view of structures to be demolished. 2. Surveying and Geotechnical Investigation. Site surveying and force main route surveying will be completed during this phase of the project. Geotechnical investigations for the various building structures will be completed during this phase of the project. 2.3 Design Development (60% Design). Prior to initiating work on Design Development (60% Design), Consultant shall perform the following: 1. Conduct coordination meeting with City Staff to verify phasing, review funding alternatives, and verify stormwater management practices. 2. Conduct coordination meeting with IEPA and verify basis of design. The purpose of this phase of design is to utilize the decisions that were made in the previous phase to further develop the project design. Structures, equipment, major plant piping, process, force main, and the site plan are all finalized during this phase to allow final detailing in the next phase of design. The design development phase will be completed for the unit processes identified above. Specific activities and work products from this phase include the following: Civil/Process Design 1. Prepare a Final Site Plan including locations of structures, buildings, and roads. Structure floor levels and finished grades will be finalized. 2. Prepare site grading drawings and prepare stormwater control concepts. 3. Finalize construction concepts based on the geotechnical report. 4. Layout the yard piping and plant drain systems. Identify corridors for smaller piping and other utilities. 5. Develop process equipment and piping plans. 6. Prepare draft specifications for major process equipment. 7. Documentation to comply with City's Stormwater Ordinance. Architectural Design 1. Confirm building floor plans developed in the previous phase with process, structural, electrical, and mechanical designers. Add architectural dimensioning and detail. 2. Develop preliminary building elevations for all buildings. 3. Develop architectural wall sections for all types of construction showing basic elevations and details. Structural Design 1. Establish foundation design criteria for proposed facilities based on the geotechnical report. Prepare the sub -structure structural design. Professional Services Agreement McHenry VWVTP Consolidation HR Green Project No.: 86130341 March 3, 2014 Page 5 of 13 2. Prepare the super -structure structural design for buildings. 3. Prepare the structural design for other major structures including tanks. Electrical and Control System Design 1. Develop motor control center layouts and elevations for all areas. 2. Prepare interior lighting plans of areas within buildings. 3. Develop preliminary P&IDs for sub -systems. Mechanical Design 1. Prepare a preliminary plumbing layout for each building. 2. Develop major mechanical equipment specifications. 3. Prepare a preliminary plumbing design. 4. Prepare a preliminary fire protection design for each building. Force Main Design 1. Prepare final plan and profile drawings including locations of structures, buildings, and roads.. 2. Review design of force main in relation to geotechnical report. 3. Identify location of air release valves and other appurtenances 4. Review layout of force main in regard to construction access and traffic control. 5. Prepare draft specifications for force main and appurtenances. Central WWTP Demolition 1. Prepare a final site plan and section details showing what structures to demolish. 2. Prepare draft specifications regarding demolition procedures and disposal requirements. Design Development Review 1. Complete an internal Quality Control (QC) Review of the design and make recommended changes as needed. The QC review will include a review within each discipline as well as a review of the project across discipline lines. 2. Conduct a review meeting to review the recommended wastewater treatment plant improvements. Five (5) copies of the design documents will be provided to the CITY. In addition, the following activities will be completed and discussed at the review meeting: Complete a constructability review to verify the proposed methods of construction, construction sequencing, and establish the durations needed for construction activities. Update the Preliminary Opinion of Probable Construction Cost for the work. Identify and track significant cost changes as cost trends. Develop a summary of cost trends for the project through this point of project completion. 2.4 Final Design Documents (90%). This phase of final design consists of adding final details to the drawings and completing the specifications. Specific activities and work products from this phase are described below: Professional Services Agreement McHenry WWTP Consolidation HR Green Project No.: 86130341 March 3, 2014 Page 6 of 13 Civil/Process Design 1. Prepare the remaining civil/process specifications for the project. 2. Complete civil/process details and drawings for all areas. 3. Construction sequencing. Architectural Design 1. Finalize building sections for buildings including complete wall sections and details and flashing and roof details. 2. Finalize building elevations. 3. Complete architectural drawings, schedules, and details. Prepare architectural specifications. Structural Design 1. Prepare structural specifications. 2. Finalize structural design and details for each building and structure. Electrical and Control System Design 1. Prepare electrical site plans. 2. Prepare power distribution one -line diagrams for equipment. 3. Complete electrical power plans for each building. 4. Prepare panel board schedules for each building. 5. Prepare electrical and control system specifications. 6. Prepare a lighting fixture schedule. 7. Finalize P&IDs and an input/output signal list for all systems. 8. Prepare instrument details. Mechanical Design 1. Finalize the HVAC design and details for each building. 2. Finalize the plumbing and fire protection design for each building. 3. Prepare mechanical specifications. Force Main Design 1. Prepare the remaining specifications for the project. 2. Complete details and drawings for all areas. 3. Finalize traffic control and construction sequencing. Central WWTP Demolition 1. Finalize site plan and details for each major structure. 2. Finalize specifications. 2.5 Construction Documents (100% Design) Complete the final preparation of Bidding Documents in preparation of the bidding process. The bidding process will be completed under the next contract for engineering services. As previously discussed, it is estimated that three separate bid packages will be developed as follows: a. South WWTP Upgrades and Central Regional Pump Station b. Force Main Improvements c. Central WWTP Demolition Professional Services Agreement McHenry WWTP Consolidation HR Green Project No.: 86130341 March 3, 2014 Page 7 of 13 Complete an internal Quality Control (QC) and Constructability Review of the design and make recommended changes as needed. The QC review will include a review within each discipline as well as a review of the project across discipline lines. Conduct a review meeting to review the recommended wastewater treatment plant improvements and force main design. Five (5) copies of the design documents will be provided to the CITY. In addition, the following activities will be completed and discussed at the review meeting. • Update the Preliminary Opinion of Probable Construction Cost for the work. Identify and track significant cost changes as cost trends. Develop a summary of cost trends for the project through this point of project completion. 3.0 Deliverables and Schedules Included in this Contract The deliverables for each of the scope of work items were described in Section 2.0 of this Scope of Services Agreement. The project schedule is based on the following durations for the Plant Upgrade Project and the Force Main Project for HR Green's work: 30% Design -Preliminary Design 8 weeks 60% Design - Design Development 8 weeks 90% Design - Final Design 8 weeks 100% Design - Bid Documents 4 weeks These project Stage durations will begin upon contract execution and continue sequentially until project completion. These project durations are exclusive of CITY review periods. The overall project schedule will be influenced by the IEPA Construction Permit review process and final SRF loan approval. The actual completion date will be influenced by these factors. The overall intent of the project schedule is to go out for bidding in January 2015. The Central WWTP Demolition Project will be bid upon completion of the Plant Upgrade Project. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement but could be performed as supplemental services if needed: Any work requested by the CITY that is not included in one of the items listed in any other phase will be classified as supplemental services. Supplemental services not included in the agreement can be provided by CONSULTANT under separate agreement, using HR Green's standard rates as included in the Master Services Agreement, or as negotiated for the separate supplemental services agreement. The following items are not anticipated as being part of this project, and have been described here to clearly identify that they are not part of the scope of work of this contract: Assistance with pilot or bench scale studies. In some cases, IEPA may require pilot studies prior to designing plants. Based on initial conversations with IEPA, we do not anticipate that this is required for this project. Professional Services Agreement McHenry WWTP Consolidation HR Green Project No.: 86130341 March 3, 2014 Page 8 of 13 2. Letter of Map Revision (LOMR) from FEMA for delineating the floodplain and flood way. Since portions of the site are identified by FEMA as being in the flood plain and flood way of an unstudied stretch of the river, we are planning to use previous studies prepared for projects in the area to establish the base flood elevation for the site. This information will be used for the stormwater evaluation and permitting. However, this will not revise the FEMA flood map of the site. The City may want to get an official map revision from FEMA at some time for the site, but we do not believe it is required for this project. 3. Facility Plan Preparation. This work is included under a separate contract. 4. NPDES Review and Correspondence. This work is included under a separate contract. While we do not anticipate the need for these following supplemental services, HR Green can perform them if needed: 1. Supplemental engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this agreement. 2. Provisions of land and property surveys and property descriptions, including legal property descriptions and other services, as needed to acquire property. 3. Odor control expansion or modifications in addition to what has been identified in schematic design. 4. Additional security system design. 5. Right-of-way assistance and property and boundary surveys. 6. Public Involvement meetings. 5.0 Services by Others (Included Under This Contract) The following items are performed by others as sub consultants to CONSULTANT: 1. Architectural consulting services. 2. Geotechnical investigations. These services will are included in the Lump Sum fee as is the coordination with the sub consultants. 6.0 CITY Responsibilities Plant staff or other CITY staff shall provide the following items: 1. Existing drawings as available which may include: reports, plant records, data, and utility information for the entire wastewater treatment plant facilities. 2. Copy of IEPA correspondence regarding treatment plant deficiencies, permit violations, solids treatment, and variances. 3. Prompt review by staff as assigned by the City Administrator (5 business days) of drawings, specifications, sketches, Technical Memos, and information submitted by the CONSULTANT. 4. Legal services to the extent required by CITY. Professional Services Agreement McHenry WWTP Consolidation HR Green Project No.: 86130341 March 3, 2014 Page 9 of 13 7.0 Professional Services Fee Payment The professional service fees for this project are $1,325,188.00. This work will be completed on a Lump Sum basis for the described services. Supplemental services, if requested by the CITY, will be performed under separate agreements. Progress payments for these services will be made on a monthly basis based on the percentage of work completed during the invoicing period. 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it 8.1 Standard of Care Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 8.2 Entire Agreement This Agreement, and its attachments, constitutes the entire understanding between CLIENT and COMPANY relating to professional engineering services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra work or services pursuant to this Agreement, CLIENT will pay for the additional services even though an additional written Agreement is not issued or signed. 8.3 Time Limit and Commencement of Work This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein. The work will be commenced immediately upon receipt of this signed Agreement. 8.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the emainder of the Project shall be equitably adjusted. If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 8.5 Book of Account COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. Professional Services Agreement McHenry WWTP Consolidation HR Green Project No.: 86130341 March 3, 2014 Page 10 of 13 8.6 nsurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage arising from the negligent performance by COMPANY's employees of the functions and services required under this Agreement. 8.7 Termination or Abandonment Either party has the option to terminate this Agreement for any reason or no reason at all. 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8,10 Successors and Assigns No assignment of this Agreement shall be made without written consent of the parties to this Agreement. 8.11 Third -Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, nterpretation and performance shall be governed by the laws of the State of Illinois, McHenry County without egard to any conflict of laws provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Illinois, McHenry County. 8.13 Dispute Resolution Mediation. The CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non -binding mediation as the parties mutually agree. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements, within McHenry County Illinois. Arbitration. In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement, involving an amount of less than $50,000, in Mediation, then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and shall proceed in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. Following unsuccessful Mediation, for disputes involving amounts greater than or equal to $50,000, the parties agree to submit the dispute first to non -binding Arbitration. If a dispute is still unsettled, all other legal means of dispute resolution, including litigation, shall be available to the parties, at the discretion of the complaining party.The venue of any Mediation or Arbitration proceeding shall be the McHenry Municipal Center, 333 S. Green Street, McHenry, IL 60050, or other venue otherwise agreed to by the parties. Professional Services Agreement McHenry WWTP Consolidation HR Green Project No.: 86130341 March 3, 2014 Page 11 of 13 8.14 Attorneys Fees If litigation or binding Arbitration is used for purposes of collecting fees or expenses due under this Agreement, the Court in such proceeding shall award reasonable costs and expenses, including attorney fees, to prevailing party. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. The COMPANY agrees release information pursuant to the Illinois "Freedom of Information Act, 5 ILCS 140:' 8.16 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. 8.17 Design Information in Electronic Form CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. 8.18 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 8.19 Indemnification The COMPANY agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CLIENT, its officers, directors and employees (collectively, CLIENT) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the COMPANY'S negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the COMPANY is legally liable. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY, its officers, directors, employees and subconsultants (collectively, COMPANY) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the CLIENT'S negligent acts in connection with the Agreement and the acts of its contractors, subcontractors or consultants or anyone for whom the CLIENT is legally liable. Professional Services Agreement McHenry WWTP Consolidation HR Green Project No.: 86130341 March 3, 2014 Page 12 of 13 Neither the CLIENT nor the CONSULTANT shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence or for the negligence of others. Additional Terms and Conditions Required for IEPA SRF Loan Program DBE Participation Clause: The Engineer agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the [WPC or PWSj Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with IEPA, "The Engineer acknowledges that the fair share percentages are 5% for MBEs & 12% for WBEs°. Certification Regarding Debarment, Suspension and Other Responsibility Matters: The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in fine of up to $10,000 or imprisonment for up to 5 years, or both. Nondiscrimination Clause: The contractor (engineer) shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. An audit and access to records clause that provides the following: A.) Subsections (B) through (E) shall be included in all contracts and all subcontracts directly related to project services that are in excess of $25,000. B.) Books, records, documents and other evidence directly pertinent to performance of WPCLP loan work under this agreement shall be maintained in accordance with Generally Accepted Accounting Principles. The Agency or any of its authorized representatives shall have access to the books, records, documents and other evidence for the purpose of inspection, audit and copying. Facilities shall be provided for access and inspection. C.) Audits conducted pursuant to this provision shall be in accordance with auditing standards generally accepted in the United States of America. D.) All information and reports resulting from access to records pursuant to subsection (B) shall be disclosed to the Agency. The auditing agency shall afford the engineer an opportunity for an audit exit Professional Services Agreement McHenry WN/TP Consolidation HR Green Project No.: 86130341 March 3, 2014 Page 13 of 13 conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report shall include the written comments, if any, of the audited parties. E.) Records under subsection (B) shall be maintained and made available during performance of project services under this agreement and for 3 years after the final loan closing. In addition, those records that relate to any dispute pursuant to Section 365.650 (Disputes) of this Subpart, litigation, the settlement of claims arising out of project performance, costs or items to which an audit exception has been taken shall be maintained and made available for 3 years after the resolution of the appeal, litigation, claim or exception. A covenant against contingent fees clause as follows: 'The professional services contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee." This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Work cannot begin until COMPANY receives a signed agreement. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, HR GREEN, INC. Chad J. Pieper, P.E. City Engineer Approved by: Printed/Typed Name: Timothy J. Hartnett Title: Vice President Date: CITY OF MCHENRY Accepted by: Printed/Typed Name: HRGreen HR GREEN, INC: PROJECT BUDGETING WORKSHEET W/ 2014 RATES "Plan Sheets" by Discipline Discipline Type General Civil Arch Structural Process Mech Elec I&C Total Sheets Total Cost Number of Sheets 29 40 33 37 30 23 37 7 236 Cost Per Sheet $2,034 $5,832 $15 $6,781 $8,138 $5,018 $5,425 $6,103 Total Cost for Plan Sheets $58:986 $233,280 $179,025 $250,897 $244,140 $115,414 $200,725 $42,721 $1,325,188 Break down of "Plan Sheets" (30, 60, 90, and 100) Cost by Phase Labor by Phase Preliminary Design - 30 % $17,696 $695984 $53,708 $75,269 $73,242 $34,624 $60,218 $127816 $397,556 21945 Design Development -60°/ $17,696 $69,984 $53,708 $755269 $73,242 $34,624 $60,218 $12,816 $397,556 21945 Final Design - 90% $17,696 $69,984 $53,708 $753269 $73,242 $34,624 $60,218 $12,816 $397:556 21945 Bid Documents - 100% $53899 $23,328 $17,903 $25,090 $24,414 $11,541 $20:073 $4272 $132,519 982 Labor Hours by Discipline 437 11728 11326 12858 1,808 855 11487 316 91816 R-14- RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEEMENTS RELATING TO THE CONSOLIDATION OF THE CITY'S WASTEWATER TREATMENT PLANTS AND RELATED AMENDMENTS TO THE FY 2013/2014 BUDGET WHEREAS, the City of McHenry intends to consolidate its aging Central Wastewater Treatment Plant with its South Wastewater Treatment Plant. In order to proceed with the consolidation it is necessary for the City to retain the services of its engineering consultant, HR Green, to: I) design upgrades for the consolidation for a lump sum of $1,325,188; and 2) prepare necessary documentation to request from the Illinois Environ- mental Protection Agency a Facility Plan Amendment and modification of the City's NPDES permit for both Wastewater Treatment Plants for a hump sum of $61,270 (collectively, "HR Green Contracts"). WHEREAS, in addition to needing the HR Green Contracts, the City's Fiscal Year 2013/2014 Budget Item 580.00,8500 (Utility Improvements Fund), needs to be amended to provide expenditures relating to the HR Green Contracts for expenditures in the amount of $1,386,458, WHEREAS, the City of McHenry, Mc]-lenry County, Illinois, is a home rule municipality as contem- plated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Resolution constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, be it resolved by the City Council of the City of McHenry as follows: 1. That it waives any competitive bidding requirement with respect to and hereby approves for the Mayor's execution of: a) the attached Professional Services Agreement with HR Green for Fa- cility Plan Amendment and NPDES permitting in the amount of $61,270; and b) the attached Profes- sional Services Agreement with HR Green for Wastewater Treatment Facility Consolidation Final De- sign in the amount of $1,325,188; and 2. That the FY13/14 budget item 580.00.8500 (Utility hnprovements Fund) be amended to reflect expenditures in the amount of 51,366,4581 Voting Aye: Voting Nay: Abstaining: Absent: Passed and approved this day of , 2014. (SEAL) ATTEST: City Clerlc Janice C. Jones APPROVED: Mayor Susan E. Low McHenry City Council February 17, 2014 Page 4 of 7 Mayor Low asked to can tne�rall;,,,, Ayes: Witurner, Nays: None Abstentions: None Absentees: None Motion carried. lab, Schaefer, Blake, Peterson Alderman Glab suggested prohibiting the installation of all temporary signs in construction APPROVAL TO REQUEST A PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN, INC. FOR ENGINEERING DESIGN TO CONSOLIDATE THE CENTRAL AND SOUTH WASTEWATER TREATMENT PLANTS. Director of Public Works Schmitt presented the City Council with background on the city's efforts to date to decommission the Central Wastewater Treatment Plant (CWWTP). The process began in 2005 when the City Council approved a long-term plan for wastewater services that included closing the CWWTP and expanding the South Wastewater Treatment Plant (SWWTP). In 2008, the Council approved an engineering services agreement for the design of a 4.0 million gallon per day expansion of the SWWTP; and in March 2009, the Council directed staff to begin the process of consolidating the two plants. This process was part of a plan approved by the IEPA in 2008 that permitted the city a 10-year time frame to consolidate the plants, expiring in 2018. The IEPA approval also allowed the city to make necessary repairs at the CWWTP to keep it operational during the 10-year time period. Director Schmitt reported the city is nearing the 10-year commitment it made with the IEPA City Engineers Chad Pieper uid Ed Coggin provided a PowerPoint presentation on plant consolidation. The CWWTP was constricted in the 1950's with a life expectancy of 50 years. The CW WTP serves two-thirds of the city. Mr. Coggin reported the Council in 2007 approved a design contract for consolidation and expansion of the plants for a cost of $30 million however the project was shelved due to economic conditions. In 2009, the Council directed staff to begin consolidation of the plants under a phased approach. The first phase of decorntnissioning the CWWTP was performed as a response to a failing solids handling system at the plant. The city borrowed $6.4 million to move the system to the SWWTP, which involved construction of conveyance lines between the treatment plants and several equipment modifications. Debt service for this project resulted in a bi-monthly service charge of $6 per utility user. As identified in CIP discussions with the Council on February 3, 2014, decommissioning the CWWTP presents a financial obstacle with a proposed cost of more than $20 million, which will continue to escalate h� time. In addition, millions of dollars for upgrades will be required to maintain the existing CWWTP until such time as decommissioning can occur. Two approaches to meet the IEPA commitment of decommissioning the CWWTP by 2018 were presented to the Council: Approach #1 is a plan to build now and utilize the State Revolving Fund (SRF) program to fiord the project. The SRF is admuristered by the IEPA and was introduced last year through the Clean Water hritiative. The program offers two-year loans at an interest rate of 1,99%. The SRF application process is now much quicker and the city could be approved in time to begin the project next year. Mr. Coggin noted his contacts at the SRF told him there is a three-year window for available funding, interest rates are expected to increase in 2015; and, the city has a verbal commitment for funding. In addition the IEPA and state environmental groups have approved the new technologies proposed in Approach 91, which increases the probability of approval for the project. Projected cost for Approach #1 is $21 million. McHenry City Council February 17, 2014 Page 5 of 7 Approach #2 proposes to build later however the cost of construction will increase and there is no guarantee the IEPA will extend the 2018 deadline and, if they do there will be additional costs added to the permit. Further the city will be required to make additional repairs and adjustments to the CWWTP to keep it operational until consolidation is possible, which will add dollars to the cost of the project. Projected cost for Approach # 2 is approximately $35 million. The Mayor asked for questions or comments from the City Council: Alderman Schaefer asked how approval of SRF funding will affect user rates; how is the loan to be paid? Mr. Coggin replied the ultimate responsibility to pay for the improvements will fall on the current user base. A rate study will provide the exact cost to the current users. Alderman Schaefer noted residents have incurred almost 20% in rates increases in the past five years. City Administrator Morefield stated capital improvements that will be needed to keep the CWWTP operational will cost approximately $8 million and would also have an impact on user fees. He further stated there are 8,200 user accounts in the city. Total SRF funding of $1.2 million for 20 years spread out evenly for 8,200 city user accounts would be $150 per account per year for 20 years. Adjustments will be made based on the number of users, consumption, and type of use i.e., business or residential. Alderman Schaefer asked if rates would decrease after 20 years. City Administrator Morefield noted the city currently charges $6 per account for capital development fees to pay for SWWTP improvements. A similar debt service charge placed on water bills is passed on to user. Alderman Glab asked if consolidation would affect water and sewer users. City Administrator answered sewer users. Alderman Glab asked if Approach #1 takes into consideration future development and all FPA's, specifically the Gerstad Preserves of Boone Creek property. Mr. Coggin said yes, and referred to a slide depicting the CWWTP site, which included the Preserves of Boone Creek in the treatment plant collection areas. Mr. Coggin added the technology proposed in Approach # 1 also provides for the addition of small increments of added capacity for a much lower cost. He also told the Council future development is not added in the cost of the project at this time so existing users do not have to pay for future development. Alderman Peterson asked if there is room at the SW WTP for expansion and Mr. Coggin answered yes. Alderman Peterson asked what the normal bond rate is and Deputy City Administrator Martin answered 3.25%. Alderman Blake commented costs passed on to existing users for Approach 91 seem high. Alderman Santi asked if there was a deadline to apply for the SRF. Mr. Coggin said the deadline is March 31, 2014, but the state told him the city may apply for the SRF at any time however the loan process takes time so we need to begin the process quickly so we are on track for SRF approval in 2014, bid letting in January 2015, and construction in April 2015. Formal approval will be considered by the Council after bids are received. Alderman Santi inquired about the three-year window for the Clean Water Initiative mentioned in the presentation. Mr. Coggin said the city is in the middle of the Clean Water Initiative, which is a three year program. Alderman Santi asked if there are currently 110 applicants for SRF funding. Mr. Coggin said yes if we meet the application deadline the money will be available. If McHenry waits until next year, we run the risk of being placed on a waiting list. Mr. Coggin added the SRF program representatives stand behind their commitments. McHenry City Council February 17, 2014 Page 6 of 7 Alderman Santi asked if HR Green is assisting other communities with SRF funding applications. Mr. Coggin said yes, Marengo and a small conununity in southern Illinois. Alderman V. Santi made a motion, seconded by Alderman R. Wimmer to authorize FIR Green, Inc. to prepare a Professional Services Agreement for the engineering design of consolidating the Central and South Wastewater Treatment Plants. Mayor Low asked for discussion on the motion. Alderman Glab asked if other engineering firms were asked to submit proposals for the project to make it competitive. City Administrator Morefield answered no. Mayor Low added HR Green is the city's designated engineer. Alderman Santi asked if the Council would see the professional services agreement before it is approved. Mayor Low answered at this time all the Council is asked to authorize is preparation of the professional services agreement; the document will be brought back to the Council for consideration at another meeting. Mayor Low asked to call the roll: Ayes: Santi, Wimmer, Peterson, Condon, Schaefer, Blake Nays: Glab Abstentions: None Absentees: None Motion passed. ADOPTION OF FY 14/15 THROUGH FY 18/19 CAPITAL IMPROVEMENT PROGRAM (CW) City Administrator Morefield presented the CIP for FY 14/15 through FY 18/19. He stated the CIP as presented col i e to reflect the guiding principles that it be balanced and meet the needs of the frill -service city. He noted the o changes made to the document were recommendations made by the Council at the January 6, 2014 Committee the Whole meeting. Alderman Schaefer said the IP is a good tool and keeps the Council apprised of future capital projects and improvements. Aldermen Blake, Schaefer, and Wimmer reed with Alderman Schaefer and thanked City Administrator Morefield and city department heads for develo +y1g the document. Alderman Glab noted this is a five year plan with cl%a rges made to it every year; he said he needs more information adding it is difficult for him to understand why AD million for the Riverwalk is designated in the plan when we started at $9 million. Deputy City Administrator,34ebson noted the CIP is just a planning tool and takes into consideration future increases in the cost of construction. 1R0 construction costs for the first phase of the Riverwalk was $3 million — the $13 million figure in the CIP includieSJUture expansion of additional phases of the project. Alderman Schaefer made a motion, seconded by Alderman Condon to adopt the h' ]4/15 through FY 18/19 Capital Improvement Program as presented. Mayor Low asked to call the rol I: Ayes: Schaefer, Condon, Santi, Glab, Blake, Wimmer, Peterson Nays: None Abstentions: None Absentees: None Motion passed. Office of the Mayor Susan Low, Mayor McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: March 3, 2014 TO: City Council FROM: Mayor Sue Low RE: Consideration of a Resolution In Support of the Fox Waterway Agency ATTACHMENTS: Text of Illinois General Assembly SB2696 concerning the dissolution of the Fox Waterway Agency Resolution in Support of the Fox Waterway Agency As Council may be aware there is currently a movement, in the form of Senate Bill 2696, proposing the dissolution of the Fox Waterway Agency (attached). The McHenry City Council has been asked by the Fox Waterway Agency to consider the adoption of a resolution in support of the Fox Waterway Agency (also attached). I am forwarding this request and resolution to you for consideration at the March 3, 2014 City Council Meeting. As a matter of background, the fox Waterway Agency (FWA) was created in 1984 with a sunset provision in 1994. The voters overwhelming voted to retain the FWA in 1994 by referendum. It is believed that this agency is the only one in the state that is funded entirely by the users of the system through the purchase of annual stickers. Further, the FWA is mandated to use at least 75% of its income for maintenance of the system i.e.; dredging, flood control, tourism, safety, debris clean-up and water quality. The FWA presently dredges more than 100,000 cubic yards of silt from the system and, after it is died and pulverized, it is sold to landscapers and other government agencies helping fund the operations of the FWA. Counsel McArdle will provide additional information regarding the FWA's request at the March 3, 2014 Council meeting. Illhiois General Assembly -Full Text of SB2696 Page 2 of 3 LRB098 17261 MLW 52355 b A HILL FOR SB2696 LRB098 17261 MLW 52355 b 1 AN ACT concerning transportation. 2 Be it enacted by the People of the State o£ Illinois, 3 represented in the General Assembly: 4 Section 5. The Fox Waterway Agency Act is amended by 5 changing Section 1 and by adding Section 1.01 as follows: 6 (615 ILCS 90/1) (from Ch. 19, par. 1201) 7 Sec. 1. This Act shall be known and may be cited as the Fox 8 Waterway Agency Dissolution Act. 9 (Source: P.A. 89-162, eff. 7-19-95.) 10 11 (615 ILCS Sec. 1.01. 90/1.01 new) Dissolution. The E'ox Waterwa A enc is 12 dissolved. On the effective date of this amendatory Act of the 13 98th General Assembly, all the assets and property of the Fox 19 Waterway Accenev shall by operation of law vest in and be 15 assumed by the Department of Natural Resources. 16 (615 ILCS 90/1.1 rep.) 17 (615 ILCS 90/1.2 rep.) 18 (615 ILCS 90/2 rep.) 19 (615 TLCS 90/2.1 rep.) 20 (615 ILCS 90/3 rep.) 21 (615 ILCS 90/4 rep.) SB2696 - 2 - LRB098 17261 MLW 52355 b http://www.ilga.gov/legislation/fulltext.asp?DocName=&Sessionld=85 &GA=98&DocTypeId=SB&... 2/27/2014 R 14- RESOLUTION /N SUPPORT OF THE FOX WATERWAY AGENCY Whereas, the City of McHenry is situated along portions of the Chain of Lakes and Fox River; and, Whereas, the City of McHenry is impacted by the conditions and environmental quality of the Chain of Lakes and the Fox River; and, Whereas, the Fox Waterway Agency is charged with improving and maintaining the Chain of Lakes and Fox River for recreation, environmental quality, flood control and to promote tourism; and, Whereas, the Illinois Department of Natural Resources has expressed that they are not able to carry out the improvements and maintenance of the Chain of Lakes and Fox Waterway; and, Whereas, without proper maintenance of the Chain of Lakes and Fox River, their condition would deteriorate; and, Whereas, the deterioration of the Chain of Lakes and Fox River would adversely impact the quality of life for residents of the City of McHenry; NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of McHenry, McHenry County, Illinois support the Fox Waterway Agency and believe its continued existence to be imperative to the City of McHenry. DATED this day of , 2014. (SEAL) APPROVED: Mayor ATTEST: City Clerk DATE: TO: FROM: RE: City Administrator Derik Morefield City of McHenry 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2108 Fax: (815) 363-2119 mgeraghty@ci.mchenrv.il.us EXECUTIVE SESSION March 3, 2014 Mayor and City Council Derik Morefield, City Administrator Semi -Annual Review of Executive Session Meeting Minutes & Tapes Attached is a Resolution authorizing the destruction of certain Executive Session meeting tapes created prior to August, 2012, as required by the Illinois Open Meetings Act, Executive Session minutes for approva] by motion in closed session include the following: 08/19/13 Review of Execution Session Minutes & Potential Litigation 09/16/13 Property Acquisition If Council concurs, then it is recommended two actions be taken: 1) adopt a motion in closed session to approve executive session minutes from August 19, 2013 and September 16, 2013; and, 2) authorize destruction of certain executive session meeting tapes pursuant to the attached Resolution to be approved in Open Session. R-14- RESOLUTION WHEREAS, the Open Meetings or specifies that Executive Session Meeting recording tapes be reviewed for destruction at least once every six months; and WHEREAS, the McHemy City Council has recommended the continued need for confidentiality relating to unreleased executive session minutes from August 2009 to date. WHEREAS, Section 2.06(c) of the Open Meetings Act specifies tapes of close sessions may be destroyed without notification or approval of a records commission as long as eighteen months have elapsed and when the minutes from such meetings have been approved; WHEREAS, All of the executive session meeting minutes prior to August, 20] 2 have been approved and authorization is hereby granted to destroy audio tapes of meetings prior to August 2012, NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of McHenry, Illinois that authorization is hereby granted to approve the Mayor and City Clerks destruction of executive meeting audio tapes which exist prior to August, 2012, BE IT FURTHER RESOLVED that a copy of this Resolution shall be made a permanent part of the City Council minutes. PASSED AND APPROVED this 3id day of March 2014. VOTING AYE: VOTING NAY: NOT VOTING: ABSTAIN: ABSENT: ATTEST: Janice C. Jones, City Clerk Susan E. Low, Mayor