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HomeMy WebLinkAboutPacket - 04/20/2009 - City Council City of McHenry 333 South Green Street — 1 www.ci.mchenry.il.us McHenry,Illinois 60050-5495 1,;, sj :e,u4N l•• ••14#`18 ". i ILJH Mlr i i AGENDA Mayor's Office REGULAR CITY COUNCIL MEETING (815) 363-2108 Monday, April 20, 2009, 7:30 PM Fax (815) 363-2119 1. Call to Order Clerk's Office (815)363-2100 2. Roll Call Fax(815)363-2128 Administration 3. Pledge of Allegiance (815)363-2108 4. Proclamation: Look at Local History Month, "This Place Counts" Fax(815)363-2119 J Public Works 5. Public Input Session, 10 Minute Limitation Community Development 6. Consent Agenda: (815)363-2170 A. Fiscal Year 2008/009 Supplemental Appropriation Ordinance; Fax(815)363-2173 B. MASF request for temporary advertising signs and waiver of permit fee; C. Special Event Liquor License for Nicolino's Trackside; Parks and Recreation D. Purchase of 90 fall seasonal banners from Four Seasons Displays, Inc. for $5,394; (815)363-2160 E. Special Use/Picnic Permits; and Fax(815)363-3186 F. List of Bills. Police Non-Emergency 7. Request from McHenry Area Jaycees for 1) use of Petersen Park, city support services, and waiver (815)363-2200 of all associated fees for Annual Jaycee Days Fourth of July Event; and 2) Award contract to Fax(815)363-2149 Melrose Pyrotechnics, Inc. for Annual Jaycee Days Fourth of July Fireworks Program in the amount of $20,000 Mayor 8. Request for a conditional use permit to serve alcohol in conjunction with a restaurant, Class H liquor Susan E.Low license, and ordinance increasing the number of Class H liquor licenses from two to three from HDC Enterprises, Inc. d/b/a Jimano's Pizzeria, 366 Bank Drive City Clerk Janice C.Jones 9. Resolution for Improvement by Municipality, Local Agency Agreement with IDOT, and Engineering Services Agreement with SEC Group, Inc. in the amount of $22,402.90 for Lillian Street Resurfacing Treasurer Project David M.Welter Aldermen 10. Lease agreement with US Cellular for use of Sioux Lane Elevated Water Storage Tower to house wireless telecommunications equipment WARD 1 Victor A. Santi 1 1. Request for variances from US Cellular to construct a radio equipment shelter at 4225 Sioux Lane WARD 2 12. Identity Theft Prevention Policy Andrew A.Glab 13. Website Reconstruction, Award of Proposal to One Zero Charlie in the amount of $8,000 WARD 3 Jeffrey A. Schaefer 14. Statement and Reports WARD 4 15. Committee Reports Steven C.Murgatroyd WARD 5 16. Staff Reports Richard W.Wimmer 17. Future Agenda Items WARD 6 Robert J.Peterson 18. Executive Session: Sale of Public Property Personnel WARD 7 19. Adjournment Geri A.Condon Posted: April 15, 2009 PROCLAMATION WHEREAS,the National Trust for Historic Preservation created Preservation Week in 1971 to spotlight grassroots preservation efforts around the country; and WHEREAS, Preservation Week has grown into an annual celebration observed throughout small towns and big cities across America; and WHEREAS,the National Trust for Historic Preservation has declared May 2009 as National Historic Preservation Month. WHEREAS, historic preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability and is relevant for people of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to safeguard the tangible aspects of the heritage that has shaped us as a people and enhanced our lives; and WHEREAS, the McHenry Landmark Commission, in conjunction with the National Trust, is promoting May 2009 as Look at Local History Month of which the theme for this year's annual celebration throughout McHenry County, Illinois is"This Place Counts". NOW,THEREFORE, I, Susan E. Low, do proclaim May 2009, as "Look at Local History Month: This Place Counts", and call upon the people of the City of McHenry, Illinois to join their neighbors in recognizing and participating in this special observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official seal of the City of McHenry this 20th day of April 2009. Signed: Mayor CONSENT AGENDA The Consent Agenda for the April 20, 2009 City Council meeting consists of the following item: A. Fiscal Year 2008/009 Supplemental Appropriation Ordinance; B. MASF request for temporary advertising signs and waiver of permit fee; C. Special Event Liquor License for Nicolino's Trackside; D. Purchase of 90 fall seasonal banners from Four Seasons Displays, Inc. for $5,394; E. Special Use/Picnic Permits; and F. List of Bills. Attachment CONSENT AGENDA TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: April 20,2009 Regular City Council Meeting RE: McHenry Area Soccer Federation STAFF RECOMMENDATION: To approve the requests from the McHenry Area Soccer Federation to place signs in the right-of-way at the listed locations and to waive the temporary sign permit and sign variance fee but to limit the display time to 10 days. A request from the McHenry Area Soccer Federation (MASF) was received (attached) requesting permission to place 12 signs in City right-of-way advertising registration for MASF. The request also asked to install the signs by May 1st with removal by July 1st. They are also requesting waiver of the $60 temporary sign permit fee($30 is refunded upon sign removal) and the $175 sign variance fee. Staff does not have a problem with assisting the MASF to encourage participation in their league. However, leaving the signs up for 60 days is, in staff's opinion, excessive. As such, staff would recommend approval of the applicant's requests but limiting the display time for the signs to 10 days. Kathi Kunzer From: Joe Raemont [jxraemont@ridgeviewelectric.com] Sent: Wednesday, April 08, 2009 10:15 AM To: Kathi Kunzer Subject: [SPAM:sa] *** Re: MASF I am having trouble responding to the email address dmartin(a�ci.mchenry.il.us. for some reason so I am responding to the one that I was replied from. Doug, The McHenry Area Soccer Federation(MASF)is looking to post our registration signs around town at some of the main intersections. The signs are approximately 18" X 24" in size and they display our website and the dates that the registration is open. We would like to put them at the following intersections: Rte120 and Crystal Lake Rd. Crystal Lake Rd. and Bull Valley Rd. Rte 31 and Bull Valley Rd. Rte 31 and McCullum Lake Rd. Rte 31 and Lillian St. Junction of Rte 31 and Rte 120 Lincoln and Chapel Hill Rd Riverside Dr. and McCulllum Lake Rd. Rte 120 and Ringwood Rd. Bull Valley Rd. and Curran Rd. Ridgeview Dr. and Bull Valley Rd. Dartmoor Dr. and Crystal Lake Rd. Thank you for your consideration in this matter. Joe Raemont VP Travel McHenry Vipers cell 815-353-1982 1 CONSENT AGENDA TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: April 20, 2009, Regular City Council Meeting RE: Nicolino's Trackside, 621 Ridgeview Drive Joe Bono of Nicolino's Trackside located at 621 Ridgeview Drive is hosting a Kentucky Derby party on Saturday, May 2nd from 1 1 :00 AM to 8:00 PM. Mr. Bono is requesting a special event liquor license to allow outdoor service and consumption of alcohol in a tent setup in the parking lot of his establishment. Mr. Bono has submitted an application for special event liquor license, temporary use permit for a tent, and will have portable toilets available for his patrons at the event. Recommendation: To approve the request as presented from Nicolino's Trackside for a special event liquor license on Saturday, May 2, 2009, from 11:00 AM to 8:00 PM. CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: April 20, 2009 Regular City Council Meeting RE: Downtown Decorative Fall Banners Background. As part of the continuous effort to beautify the City's downtown business districts, the Downtown Maintenance Division is requesting the purchase of fall decorative seasonal banners. The banners will be displayed throughout the downtown areas and at the Municipal Center. The banner program allows an attractive display of McHenry's pride throughout the City and adds an alluring detail to the downtown streetscape. The money has been allocated for the banners under the Administration's 6110 Materials and Supplies account in the 2008/09 budget. The city worked with Four Seasons Display last year to produce the spring banners that are currently on display throughout the city. Recommendation. To approve the proposal from Four Seasons Display Inc. in the amount of $5,394 for ninety(90) fall seasonal banners. Attachment Price Quote from Four Seasons Display Inc Four Seasons Display Inc. Estimate 1510 Morgan Trail McHenry, IL 60051 Date Estimate# 4/10/2009 8125 Name/Address City of Mchenry Pat Gorniak 333 S.Green Street Mchenry,IL 60050 Project Description Qty Cost Total 16"X 38"Autumn Banner w/3"pole pocket 40 43.75 1,750.00 20'x 59.5"Autumn Banner w/4"pole pocket 50 71.50 3,575.00 Setup Charge 1 69.00 69.00 Please call with any Questions Subtotal $5,394.00 Sales Tax (6.75%) $0.00 Total S5,394.00 CONSENT AGENDA TO: Mayor and City Council FROM: Chris Black,Finance Director FOR: April 20,2009 Regular Council Meeting RE: 2008/09 Supplemental Appropriation Ordinance BACKGROUND: On June 30, 2008 the City Council conducted a public hearing and considered the annual appropriation ordinance for the 2008/09 fiscal year. The appropriation ordinance provides the legal authority to allocate funds to specific spending activities and establishes the city's legal spending limit for the fiscal year. Throughout the year, the need for budget amendments becomes necessary. As a result, a supplemental appropriation ordinance must be passed prior to the conclusion of the fiscal year to amend the appropriation ordinance and the legal spending limit for the fiscal year. ANALYSIS: The supplemental appropriation ordinance for the 2008/09 fiscal year is attached. Changes can be classified as either transfers from one fund to another, omissions from the original appropriation ordinance, or increases in the appropriations due to spending requirements or new programs implemented during the year. The total increase in the appropriation is $2,407,000 and is primarily attributable to adjustments made due to spending requirements. The appropriation for all funds increases from the original $40,404,268 to $42,811,268 million compared to last year's final appropriation of$51,273,139. The net change in the General Fund is $207,000. In the Street Division, the appropriation increases for labor and fuel costs related to snow and ice control and street lighting. In addition, Administration includes a $35,000 appropriation increase in capital items for an air conditioner compressor unit and security planters at the Municipal Building. General Fund reserves will be utilized to fund expenses to the extent they exceed revenues in the 2008/09 fiscal year. However, total actual expenses will likely be less than the 2008/09 budget amount. The appropriation for all other funds increases $2,200,000. The Capital Improvement Fund increases $600,000 to appropriate funds for projects budgeted in prior years with expenses occurring in FY 2008/09. These expenses are funded by revenues that were allocated to these projects in prior years. In the Health Insurance Fund,appropriation increases are included for health insurance premiums and claims and will result in a decrease in fund balance. Also, adjustments occur in the Police Pension Fund for benefit payment increases resulting from retirements that occurred during the fiscal year. These increases will be funded by reserves that are on hand to pay for benefits. In reality, the supplemental appropriation ordinance is an accounting adjustment that brings city spending into compliance with state law. The City's internal spending control remains the budget document. RECOMMENDATION: Staff recommends consideration and approval of the attached supplemental appropriation ordinance for fiscal year 2008/09. ORDINANCE NO. Ord-09- AN ORDINANCE PROVIDING FOR THE SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR 2008-2009 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, ILLINOIS, as follows: SECTION 1. That it be deemed necessary in order to defray the necessary expenses and liabilities of said City for the fiscal year beginning May 1, 2008 and ending April 30, 2009; that there be and there is hereby appropriated to provide for the general tax levy and other revenue for the said fiscal year, the aggregate sum of Forty Two Million Eight Hundred Eleven Thousand Two Hundred Sixty Eight dollars ($42,811,268.00) the object and purpose for which said appropriation is made and the amounts appropriated for the same are as follows, to wit: 2008/09 2008/09 Original New Appropriation Change Appropriation GENERAL FUND (100) Administration (100.01) 4010 Salaries-Regular $642,239 $0 $642,239 4050 Overtime-Regular 11,500 0 11,500 4110 Salaries-Seasonal 9,000 1,500 10,500 4190 Salary Adjustments 12,194 (12,194) 0 4220 Board &Commission Expense 44,250 (25,000) 19,250 4310 Health/Life Insurance 116,561 0 116,561 4320 Dental Insurance 4,262 0 4,262 4410 FICA/Medicare 51,632 0 51,632 4420 IMRF Retirement 64,916 0 64,916 4510 Uniform Allowance 2,350 0 2,350 5110 Contractual Services 337,500 20,000 357,500 5230 Legal Fees 175,000 30,000 205,000 5310 Postage and Meter 250 0 250 5320 Telephone 8,310 5,000 13,310 5330 Printing and Publishing 10,000 0 10,000 5410 Dues 15,000 1,000 16,000 5420 Travel Expenses 1,600 2,500 4,100 5430 Training 3,000 0 3,000 5370 Repair and Maintenance 0 1,000 1,000 5440 Tuition Reimbursements 1,500 0 1,500 5450 Publications 1,500 0 1,500 6110 Materials and Supplies 72,500 0 72,500 6210 Office Supplies 4,300 0 4,300 6250 Gasoline& Fuel 2,000 2,500 4,500 6270 Small Equipment 20,000 0 20,000 6940 Administrative Expenses 35,500 20,000 55,500 8200 Building Improvments 0 35,000 35,000 8300 Capital Equipment 0 0 0 8700 Capital-Furniture 0 0 0 9920 Purchase Service-Risk Management 61,465 0 61,465 9922 Purchase Service- Information Technology 20,553 0 20,553 9942 Transfer-Capital Improvement Fund 30,000 0 30,000 Total Administration Office 1,758,882 81,306 1,840,188 Elected Officials(110.02) 4010 Salaries-Regular 67,040 0 67,040 4050 Overtime-Regular 750 0 750 4190 Salary Adjustments 2,822 (1,000) 1,822 4210 Salaries- Elected Officials 54,050 0 - 54,050 4310 Health/Life Insurance 13,304 0 13,304 4320 Dental Insurance 682 0 682 4410 FICA/Medicare 9,537 0 9,537 4420 IMRF Retirement 7,884 0 7,884 4510 Uniform Allowance 350 0 350 5110 Contractual Services 250 1,000 1,250 5310 Postage and Meter 12,000 0 12,000 5320 Telephone 4,000 0 4,000 5330 Printing and Publishing 14,000 0 14,000 5410 Dues 350 0 350 5420 Travel Expenses 500 0 500 5430 Training 6,700 0 6,700 5450 Publications 100 0 100 6110 Materials and Supplies 1,750 0 1,750 1 2008/09 2008/09 Original New Appropriation Change Appropriation 6210 Office Supplies 1,750 0 1,750 6910 Employee Recognition 9,600 0 9,600 6940 Administrative Expenses 23,300 0 23,300 9922 Purchase Service-Information Technology 12,471 0 12,471 Total Elected Officials 243,190 0 243,190 Community Development Department(100.03) 4010 Salaries-Regular 515,742 (87,069) 428,673 4030 Salaries-Part-Time 0 18,000 18,000 4045 Salaries-Temporary Census 0 25,000 25,000 4050 Overtime-Regular 1,500 0 1,500 4190 Salary Adjustments (87,069) 87,069 0 4310 Health/Life Insurance 157,844 0 157,844 4320 Dental Insurance 6,723 0 6,723 4410 FICA/Medicare 32,908 0 32,908 4420 IMRF Retirement 42,200 0 42,200 4510 Uniform Allowance 3,175 0 3,175 5110 Contractual Services 22,900 0 22,900 5310 Postage and Meter 2,000 0 2,000 5320 Telephone 6,500 0 6,500 5330 Printing and Publishing 3,000 0 3,000 5370 Repair and Maintenance-Vehicles 2,500 0 2,500 5410 Dues 2,000 0 2,000 5420 Travel Expenses 3,000 1,500 4,500 5430 Training 3,500 (1,500) 2,000 5440 Tuition Reimbursements 750 0 750 5450 Publications 300 0 300 6110 Materials and Supplies 300 0 300 6210 Office Supplies 5,000 0 5,000 6250 Fuel and Lubricants 9,000 0 9,000 6270 Small Tools and Equipment 1,000 0 1,000 8200 Capital-Building Improvements 0 0 0 8400 Capital -Vehicles 0 0 0 9920 Purchase Service-Risk Management 24,311 10,460 34,771 9922 Purchase Service-Information Technology 34,771 (10,460) 24,311 Total Community Development Department 793,855 43,000 836,855 Finance Department(100.04) 4010 Salaries-Regular 356,162 20,000 376,162 4190 Salary Adjustments (15,066) 15,066 0 4310 Health/Life Insurance 66,423 0 66,423 4320 Dental Insurance 3,436 0 3,436 4410 FICA/Medicare 26,094 0 26,094 4420 IMRF Retirement 33,462 0 33,462 4510 Uniform Allowance 2,100 0 2,100 5110 Contractual Services 3,000 0 3,000 5310 Postage and Meter 20,000 4,000 24,000 5320 Telephone 2,000 0 2,000 5330 Printing and Publishing 7,500 4,000 11,500 5410 Dues 700 0 700 5420 Travel Expenses 1,500 0 1,500 5430 Training 2,200 0 2,200 5450 Publications 200 0 200 6110 Materials and Supplies 12,900 0 12,900 6210 Office Supplies 6,500 0 6,500 6270 Small Equipment 4,800 0 4,800 6940 Administrative Expenses 0 50,000 50,000 2 2008/09 2008/09 Original New Appropriation Change Appropriation 6945 Development Expense 150,000 (150,000) 0 9904 Debt Service Transfer 684,940 0 684,940 9906 Transfer to Band Fund 9,000 0 9,000 9922 Purchase Service-Information Technology 40,628 0 40.628 Total Finance Department 1,418,479 (56,934) 1,361,545 Police Commission (100.21) 4220 Salaries-Boards and Commissions 1,350 0 1,350 5110 Contractual Services 7,000 0 7,000 5330 Printing and Publishing 3,000 0 3,000 5420 Travel Expenses 500 0 500 5430 Training 1,000 0 1,000 5450 Publications 500 0 500 Total Police Commission 13,350 0 13,350 Police Department(100.22) 4010 Salaries-Regular 889,460 (20,000) 869,460 4020 Salaries-Sworn 3,839,852 (60,000) 3,779,852 4030 Salaries-Part Time 30,000 (11,678) 18,322 4050 Overtime-Regular 30,000 5,000 35,000 4055 Overtime-Sworn 225,000 0 225,000 4080 Career Ladder 35,000 0 35,000 4190 Salary Adjustments (59,549) 59,549 0 4310 Health/Life Insurance 794,415 0 794,415 4320 Dental Insurance 40,328 0 40,328 4410 FICA/Medicare 381,724 0 381,724 4420 IMRF Retirement 79,003 0 79,003 4430 Employer Contribution-Police Pension 560,000 45,000 605,000 4510 Employee Uniforms 36,600 0 36,600 5110 Contractual Services 69,220 0 69,220 5310 Postage and Meter 3,400 0 3,400 5320 Telephone 31,360 0 31,360 5370 Repair and Maintenance-Vehicles 60,700 0 60,700 5410 Dues 2,500 0 2,500 5420 Travel Expense 9,520 0 9,520 5430 Training Expense 35,705 0 35,705 5440 Tuition Reimbursement 10,500 0 10,500 5450 Publications 1,900 0 1,900 6110 Materials and Supplies 44,970 0 44,970 6210 Office Supplies 21,750 0 21,750 6250 Fuel and Lubricants 149,220 0 149,220 6270 Small Equipment 26,075 0 26,075 6310 Canine Unit 3,000 0 3,000 8300 Capital -Equipment 0 0 0 8400 Capital -Vehicles 0 0 0 8700 Capital -Furniture 0 0 0 9920 Purchase Service-Risk Management 187,918 0 187,918 9922 Purchase Service-Information Technology 195.760 0 195.760 Total Police Department 7,735,331 17,871 7,753,202 Public Works-Administration (100.30) 4010 Salaries-Regular 195,454 0 195,454 4050 Overtime-Regular 500 0 500 4190 Salary Adjustment 5,637 (5,000) 637 4310 Health/Life Insurance 39,938 5,000 44,938 4320 Dental Insurance 2,185 0 2,185 4410 FICA/Medicare 15,422 0 15,422 3 2008/09 2008/09 Original New Appropriation Change Appropriation 4420 IMRF Retirement 19,776 0 19,776 4510 Uniform Allowance 700 0 700 5110 Contractual Services 25,550 0 25,550 5310 Postage and Meter 2,500 0 2,500 5320 Telephone 4,500 0 4,500 5410 Dues 500 0 500 5420 Travel Expense 500 0 500 5430 Training 1,450 0 1,450 6210 Office Supplies 2,600 0 2,600 6270 Small Tools& Equipment 100 0 100 9920 Purchase Service-Risk Management 7,696 0 7,696 9922 Purchase Service- Information Technology 13,287 0 13.287 Total Public Works -Administration 338,295 0 338,295 Public Works-Streets Division (100.33) 4010 Salaries-Regular 1,144,601 (85,000) 1,059,601 4050 Overtime- Regular 19,000 0 19,000 4060 Overtime-Snow Removal 55,000 80,000 135,000 4110 Salaries-Seasonal 25,000 10,000 35,000 4190 Salary Adjustment (88,184) 88,184 0 4310 Health/Life Insurance 279,040 0 279,040 4320 Dental Insurance 7,711 0 7,711 4410 FICA/Medicare 88,389 0 88,389 4420 IMRF Retirement 110,894 0 110,894 4510 Uniforms 12,450 0 12,450 5110 Contractual Services 207,000 (100,000) 107,000 5320 Telephone 7,000 0 7,000 5370 Repair and Maintenance-Vehicles 85,000 0 85,000 5430 Training 1,000 0 1,000 5520 Street Lighting 240,000 40,000 280,000 6110 Materials and Supplies 190,000 0 190,000 6210 Office Supplies 1,500 0 1,500 6250 Fuel and Lubricants-Vehicles 108,500 15,000 123,500 6270 Small Tools and Equipment 3,500 0 3,500 6290 Safety Equipment and Supplies 1,500 0 1,500 8300 Capital-Equipment 0 0 0 8400 Capital-Vehicles 0 7,500 7,500 8900 Capital- Public Improvements 0 50,000 50,000 9920 Purchase Service-Risk Management 96,224 0 96,224 9922 Purchase Service- Information Technology 8,658 0 8,658 Total Public Works -Streets Division 2,603,783 105,684 2,709,467 Parks and Recreation Department(100.41) 4010 Salaries-Regular 643,283 5,000 648,283 4030 Salaries-Part Time 67,265 0 67,265 4050 Overtime-Regular 17,000 5,000 22,000 4110 Salaries-Seasonal 272,100 10,000 282,100 4190 Salary Adjustment 16,927 (16,927) 0 4310 Health/Life Insurance 168,542 (8,000) 160,542 4320 Dental Insurance 6,450 0 6,450 4410 FICA/Medicare 77,768 0 77,768 4420 IMRF Retirement 73,033 0 73,033 4510 Uniform Allowance 10,000 0 10,000 5110 Contractual Services 194,600 15,000 209,600 5310 Postage and Meter 8,925 0 8,925 5320 Telephone 11,000 0 11,000 4 2008/09 2008/09 Original New Appropriation Change Appropriation 5330 Printing and Publishing 21,300 0 21,300 5370 Repair and Maintenance-Vehicles 8,000 5,000 13,000 5410 Dues 129,200 0 129,200 5420 Travel Expense 1,250 0 1,250 5430 Training 4,500 0 4,500 5440 Tuition Reimbursement 1,000 0 1,000 5450 Publications 500 0 500 5510 Utilities 46,300 0 46,300 6110 Materials and Supplies 156,000 0 156,000 6210 Office Supplies 3,000 0 3,000 6250 Fuel and Lubricants-Vehicles 21,600 4,000 25,600 6270 Small Tools& Equipments 3,500 0 3,500 6920 Special Events 36,100 0 36,100 6950 Forestry Expenses 26,000 0 26,000 8300 Capital-Equipment 0 0 0 8400 Capital-Vehicles 0 0 0 8800 Capital -Park Improvements 0 0 0 9920 Purchase Service-Risk Management 58,997 0 58,997 9922 Purchase Service-Information Technology 37,991 0 37,991 Total Parks and Recreation Department 2,122,131 19,073 2,141,204 Total General Fund 17,027,296 210,000 17,237,296 SPECIAL REVENUE FUNDS Tourism Fund (200) 5110 Contractual 14,500 10,000 24,500 6940 Administrative Expenses 60,000 0 60,000 Total Tourism Fund 74,500 10,000 84,500 Pageant Fund (205) 5110 Contractual 6,000 0 6,000 6110 Materials and Supplies 1,000 500 1,500 6940 Administrative Expense 600 500 1,100 Total Pageant Fund 7,600 1,000 8,600 Band Fund (210) 5110 Contractual 16,000 (1,000) 15,000 6110 Materials and Supplies 1,000 1,000 2,000 Total Band Fund 17,000 0 17,000 Civil Defense Fund (220) 5375 Repairs and Maintenance-Equipment 2,800 0 2,800 6110 Materials and Supplies 1,000 0 1,000 Total Civil Defense Fund 3,800 0 3,800 Audit Fund (230) 5110 Contractual Services 33,300 0 33,300 Total Audit Fund 33,300 0 33,300 Annexation Fund (260) 6970 Distribution Operating Fees 115,000 100,000 215,000 8100 Capital-Land Acquisition 0 0 0 9942 Transfer-Capital Improvement 692,500 0 692,500 Total Annexation Fund 807,500 100,000 907,500 5 2008/09 2008/09 Original New Appropriation Change Appropriation Motor Fuel Tax Fund(270) 6110 Materials and Supplies 173,303 100,000 273,303 8600 Capital -Street Improvements 0 0 0 9904 Transfer-Debt Service 463,050 0 463,050 9942 Transfer-Capital Improvements Fund 300,000 (100,000) 200,000 Total Motor Fuel Tax Fund 936,353 0 936,353 Developer Donation Fund (280) 6970 Distributions-Schools 530,000 0 530,000 6980 Distributions-Library District 28,700 15,000 43,700 6990 Distributions-Fire Protection District 55,700 0 55,700 Total Developer Donation Fund 614,400 15,000 629,400 Developer Donation Fund -Parks(280.41) 8800 Capital -Park Improvements 12,500 0 12,500 9902 Transfer-Rec Center Construction Fund 245,000 0 245,000 9942 Transfer-Capital Improvements 415,000 0 415,000 Total Developer Donation Fund -Parks 672,500 0 672,500 Tax Increment Fund (290) 5110 Contractual Services 25,000 0 25,000 6940 Administrative Expenses 0 220,000 220,000 8900 Public Improvements 3,000,000 (220,000) 2,780,000 9901 Transfer-General Fund 8,500 0 8,500 9904 Transfer- Debt Service Fund 238,750 0 238,750 Total Tax Increment Fund 3,272,250 0 3,272,250 DEBT SERVICE FUNDS Debt Service Fund (300) 7100 Bond Principal Payments 950,000 0 950,000 7200 Bond Interest Payments 533,476 0 533,476 7300 Paying Agent Fees 2,125 1,000 3,125 Total Debt Service Fund 1,485,601 1,000 1,486,601 CAPITAL PROJECTS FUNDS Special Service Area#1A(420) 9904 Transfer-Debt Service 27,650 2,000 29,650 Total Special Service Area#1A 27,650 2,000 29,650 Special Service Area#4A(424) 9904 Transfer-Debt Service 17,389 0 17,389 Total Special Service Area#1A 17,389 0 17,389 Capital Improvements Fund (440) 8100 Capital -Land Acquisition 0 1,200,000 1,200,000 8200 Capital-Building Improvements 1,250,000 (1,200,000) 50,000 8600 Capital-Street Improvements 790,000 0 790,000 8800 Capital -Park Improvements 165,000 0 165,000 8900 Capital-Other Improvements 60,000 600,000 660,000 Total Capital Improvements Fund 2,265,000 600,000 2,865,000 6 2008/09 2008/09 Original New Appropriation Change Appropriation ENTERPRISE FUNDS WATER/SEWER FUND Public Works -Water Division (510.31) 4010 Salaries-Regular 602,820 0 602,820 4050 Overtime-Regular 34,000 0 34,000 4110 Salaries-Seasonal 11,500 3,000 14,500 4190 Salary Adjustments 3,774 (3,000) 774 4310 Health/Life Insurance 137,182 0 137,182 4320 Dental Insurance 4,544 0 4,544 4410 FICA/Medicare 49,885 0 49,885 4420 IMRF Retirement 62,842 0 62,842 4510 Uniform Allowance 5,225 0 5,225 5110 Contractual Services 182,500 0 182,500 5310 Postage and Meter 3,500 0 3,500 5320 Telephone 9,500 2,000 11,500 5370 Repair and Maintenance-Vehicles 9,000 0 9,000 5410 Dues 500 0 500 5430 Training Expenses 3,000 0 3,000 5440 Tuition Reimbursement 1,750 0 1,750 5510 Utilities 183,500 0 183,500 6110 Materials and Supplies 367,000 0 367,000 6210 Office Supplies 1,250 0 1,250 6250 Fuel and Lubricants-Vehicles 18,000 0 18,000 6270 Small Tools and Equipment 4,500 0 4,500 8300 Capital-Equipment 0 0 0 8400 Capital-Vehicles 0 0 0 9510 Depreciation Expense 350,000 100,000 450,000 9904 Transfer-Debt Service Fund 56,704 0 56,704 9920 Purchase Service-Risk Management 49,806 0 49,806 9921 Purchase Service-General Fund 188,850 0 188,850 9922 Purchase Service-Information Technology 9,123 0 9,123 9923 Purchase Service-Audit Fund 3,494 0 3,494 9936 Transfer-Utility Improvements Fund 162,000 0 162,000 9942 Transfer-Capital Improvements Fund 284,800 0 284,800 Total Public Works-Water Division 2,800,549 102,000 2,902,549 Public Works -Wastewater Division (510.32) 4010 Salaries-Regular 620,403 0 620,403 4050 Overtime-Regular 35,000 10,000 45,000 4190 Salary Adjustments 3,841 0 3,841 4110 Salaries-Seasonal 5,000 0 5,000 4310 Health/Life Insurance 129,502 0 129,502 4320 Dental Insurance 6,508 0 6,508 4410 FICA/Medicare 50,815 0 50,815 4420 IMRF Retirement 64,672 0 64,672 4510 Uniform Allowance 5,225 0 5,225 5110 Contractual Services 127,000 0 127,000 5310 Postage and Meter 2,500 0 2,500 5320 Telephone 16,000 0 16,000 5370 Repair and Maintenance-Vehicles 10,000 0 10,000 5375 Repair and Maintenance-Equipment 75,000 0 75,000 5380 Repair and Maintenance-Utility System 30,000 10,000 40,000 5410 Dues 400 0 400 5430 Training Expenses 1,250 0 1,250 5440 Tuition Reimbursement 875 0 875 7 2008/09 2008/09 Original New Appropriation Change Appropriation 5450 Publications 100 0 100 5510 Utilities 350,000 50,000 400,000 5580 Disposal 170,000 0 170,000 6110 Materials and Supplies 173,000 0 173,000 6210 Office Supplies 500 0 500 6250 Fuel and Lubricants-Vehicles 20,000 7,500 27,500 8400 Capital -Vehicles 0 0 0 9510 Depreciation Expense 680,000 100,000 780,000 9904 Transfer-Debt Service Fund 7,207 0 7,207 9920 Purchase Service-Risk Management 57,184 0 57,184 9921 Purchase Service-General Fund 212,450 0 212,450 9922 Purchase Service-Information Technology 3,745 0 3,745 9923 Purchase Service-Audit Fund 3,494 0 3,494 9936 Transfer-Utility Improvements Fund 175,000 0 175,000 9942 Transfer-Capital Improvements Fund 35,200 0 35,200 Total Public Works-Wastewater Division 3,071,871 177,500 3,249,371 Total Water/Sewer Fund 5,872,420 279,500 6,151,920 Capital Development Fund (550) 9940 Transfer-Utility Improvements Fund 0 0 0 Total Capital Development Fund 0 0 0 Utility Improvements Fund (580.31 &32) 8500 Capital -Water Utility Improvements 2,337,000 (500,000) 1,837,000 8500 Capital -Sewer Utility Improvements 175,000 500,000 675,000 Total Utility Improvements Fund 2,512,000 0 2,512,000 Marina Operations Fund(590) 5110 Contractual Services 11,000 0 11,000 6940 Administrative Expenses 19,000 0 19,000 Total Marina Operations Fund 30,000 0 30,000 INTERNAL SERVICE FUNDS Health Insurance Fund (600) 4310 Insurance Premiums-Health/Vision 486,316 436,300 922,616 4315 Insurance Premiums-Other 186,300 (186,300) 0 4320 Insurance Premiums- Dental 9,387 0 9,387 5110 Contractual Services 0 45,000 45,000 5240 Claims 1,700,000 300,000 2,000,000 6960 Miscellaneous Expense 0 0 0 2,382,003 595,000 2,977,003 Risk Management Fund (610) 5950 MCMRMA Premiums 615,000 100,000 715,000 5960 Insurance Premiums-Other 1,850 0 1,850 5980 Property Damage 50,000 5,000 55,000 6940 Administrative Expense 4,250 10,000 14,250 6960 Miscellaneous Expense 500 1,000 1,500 9921 Purchase of Service-General Fund 20,200 0 20,200 Total Risk Management Fund 691,800 116,000 807,800 Information Technology Fund (620) 4010 Salaries-Regular 126,374 0 126,374 4190 Salary Adjustment 3,132 0 3,132 8 2008/09 2008/09 Original New Appropriation Change Appropriation 4310 Health/Life Insurance 24,474 3,000 27,474 4320 Dental Insurance 1,498 0 1,498 4410 FICA/Medicare 9,907 0 9,907 4420 IMRF Retirement 12,705 0 12,705 4510 Uniforms 350 0 350 5110 Contractual Services 107,941 0 107,941 5320 Telephone 2,500 2,500 5,000 5410 Dues 750 0 750 5420 Travel 1,300 0 1,300 5430 Training 8,895 0 8,895 5440 Tuition Reimbursement 500 0 500 5450 Publications 300 0 300 6110 Materials&Supplies 9,885 0 9,885 6210 Office Supplies 17,200 0 17,200 6270 Small Tools and Equipment 33,495 5,000 38,495 9510 Depreciation Expense 10,500 7,000 17,500 Total Information Technology Fund 371,706 17,500 389,206 FIDUCIARY FUNDS Employee Flexible Spending Fund (700) 6965 Reimbursements 110.000 0 110,000 Total Employee Flexible Spending Fund 110,000 0 110,000 Police Pension Fund(760) 4910 Pension Payments 733,000 300,000 1,033,000 4920 Disability Payments 61,000 60,000 121,000 4930 Death Benefit Payments 48,000 5,000 53,000 4940 Non-Duty Disability Benefit Payments 18,000 40,000 58,000 5110 Contractual Services 35,150 5,000 40,150 5410 Dues 2,000 0 2,000 9923 Purchase of Service-Audit Fund 2,950 0 2,950 Total Police Pension Fund 900,100 410,000 1,310,100 McHenry Economic Dev. Fund(730) 6960 Miscellaneous Expense 100 0 100 Total McHenry Economic Dev. Fund 100 0 100 Retained Personnel Fund (740) 5220 Engineering Fees-Consultant 250,000 (50,000) 200,000 5221 Engineering Fees-Staff 1,000 0 1,000 5230 Legal Fees 20,000 50,000 70,000 6960 Miscellaneous Expense 1,000 0 1,000 6961 Miscellaneous Refunds 0 50,000 50.000 Total Retained Personnel Fund 272,000 50,000 322,000 Total All Funds $40,404,268 $2,407,000 $42,811,268 9 SECTION 2. All unexpended balances of any item or items of general appropriation made by this Ordinance may be expended in making up any insufficiency in any items in the same general appropriation and for the same general purposes or in a like appropriation made by this Ordinance. SECTION 3. This Ordinance shall take effect from and after its passage, approval and publication according to law. SECTION 4. This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. PASSED and APPROVED this day of April, 2009. AYES: NAYS: NOT VOTING: ABSENT: NOT VOTING: ABSTAINED: Mayor ATTEST: City Clerk CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: April 20, 2009 Regular City Council Meeting RE: Beer/Wine Permit Requests and Special Use Permit Requests RECOMMENDATION: To approve the attached Beer/Wine Permits & Special Use Permit requests. Background. The attached list of permit applications have been received in our office with all fees and documentation properly submitted. TConaway/pic perm CA for.doc FOR COUNCIL MEETING OF April 20, 2009: Beer/Wine Permit Requests These are beer and wine permit requests associated with picnic permits. Date of Picnic Applicant Address 05/23/09 Patti English Wedding Recpt. 4810 Gregory St., Jburg 08/30/09 Sarah Covalt Family Pic 5013 W Home Ave, McH Special Use Application Requests There are special use application requests associated with picnic permits. Date of Picnic Applicant Address Special Use 05/23/09 Patti English Wedding Recpt. 4810 Gregory St., Jburg tent, tables, chairs,music, food 05/23/09 Kelsey Hamby Wedding 501 Wedgewood Tr,McH chairs, music TConaway\pic perm list.doc NRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION • Contact Person: r7,4-7/'f e/,9 1;/6u..S,/ Date of Picnic: Company or Organization: ` 7 ,23, boa 9 Address: y7// f{r60X Y. 7i'gf�T City/State/Zip: .TDRA/,.s.,41/f6 /G ‘O0,5`/ Home Phone: 44/ 3T/9- 7S739 Work Phone: /pi Park: ❑ Knox Park .1 Petersen Park 0 Veteran's Memorial Park Area: P4 Shelter A 0 Shelter B 0 Shelter C 0 Other: Arrival Time: IA Departure Time: Of Total Number Attending: /DO Falsifying attendance numbers will result in loss of deposit Groups of 500 or more must obtain additional: ❑ dumpsters 0 portable toilets Brief description of program(i.e. co picnic, car show, craft show,wedding, etc.): /) Aczt244# List all activities that will be held: Items brought into park site: g tent N.tables r,chairs ❑ benches 0 carnival rides X music 0 animals El model planes Sz other hDoA ❑ other Water, electricity and restrooms are available at all sites. Please explain any additional utilities needed: • Will beer/wine be present: g Yes ❑ No IF YOU CHECKED YES,PLEASE ANSWER BELOW QUESTIONS **Indicate the number of beer/wine permits issued to the undersigned this calendar year © . Indicate the number of beer/wine permits denied (j. Indicate amount of beer/wine to be brought into the City Park under this • permit on such date(number of wine bottles,beer cases,beer kegs, etc.) ,2 KS 6.S f/C.4s'E aimiE I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park pursuant to this application will be sold,it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the special use and/or beer/wine application(s) and will assume responsibility for any loss, damage or liability arising from the use of the ark property. I also understand that not complying with the Park Permit rules will result in loss of deposit. Signature: T 1icc►,crh- 4:7.4.-z -eI Date: /f20....1-eI J' , 20,7 Health permits are required by law for concessions and catering. 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: $ 1 50 Date Paid: 0 Initials: c Deposit Fee: $ SD - Payment: 0 Cash Eck 0 Charge, Total Fee: $ 8 DO Submitted to City Council: 47/�a/ Confirmation Sent: Initials: City Council Approval: Forms\picnic fonns\special use and beer and or wine application ZNRY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION AtactPerson: \K`Q.,\S ` C3,,vA,VN-1 Date o Picnic: Company or Organization: U Q3 Th\0 Cr Q.3\d Address: tb©\ \,),L -A q-Q,vxxl,6, \ 1a, \ City/State/Zip: (` .. Lp O S b 1 S—, r) ' Home Phone: �Sc�r`� Work Phone: awl- Sq fa^5-3 6(, y_ z-OZ P ark: 0 Knox Park 0 Petersen Park eteran's Memorial Park Area: 0 Shelter A 0 Shelter B 0 Shelter C f$Other: G -z-u'o Arrival Time: a'.L)u Departure Time: q Prv., Total Number Attending: SZ0 Falsifying attendance numbers will result in loss of deposit Groups of 500 or more must obtain additional: ❑ dumpsters ❑ portable toilets Brief description of program(i.e. co picnic,car show, craft show,wedding, etc.): L Y•QA -1`(L List all activities that will be held: i.-e.At Items brought into park site: 0 tent 0 tables Ut<rairs 0 benches 0 carnival rides , lusic 0 animals 0 model planes ❑ other ❑ other Water, electricity and restrooms are available at all sites. Please explain any additional utilities needed: • Will beer/wine be present: ❑ Yes N"O IF YOU CHECKED YES,PLEASE ANSWER BELOW QUESTIONS **Indicate the number of beer/wine permits issued to the undersigned this calendar year . Indicate the number of beer/wine permits denied_. Indicate amount of beer/wine to be brought into the City Park under this permit on such date(number of wine bottles,beer cases,beer kegs, etc.) I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park pursuant to this application will be sold,it being understood that the sale of beer/wine under this permit issued pursuant to this application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding the special use and/or beer/wine application(s)and will assume responsibility for any loss, damage or liability arising from the use of the park property. I also understand that not complying with the Park Permit rules will result in loss of deposit. - Signature: Date: Health permits are required by law for concessions and catering. 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: $ Jv Date Paid: `4I 0 Initials: FAQ Deposit Fee: $ Payment: 0 CashJCheck 0 Charge Total Fee: $ Submitted to City Council:�• 171/140/ Confirmation Sent: Initials: City Council Approval: Forms\picnic fonns\special use and beer and or wine application ' nY PARK FACILITIES SPECIAL USE AND/OR BEER/WINE APPLICATION contact Person: A ./ �b VA f Date of Picnic: Company or Organization: Address: < 3 1V �/ "7 ife City/State/Zip: ''7--E- 4..,.2 =1-` 6,•, 0 S0 Home Phone: CT s 3 _ y 7 9 / 7' Work Phone: <5?">3 3 b • a I / O' Park: 0 Knox Park )Petersen Park ❑ Veteran's Memorial Park Area: AShelter A 0 Shelter B 0 Shelter C 0 Other: Arrival Time: /o t°° Departure Time: 71-',-.1 Total Number Attending: ••=5, 5- Falsifying attendance numbers will result in loss of deposit Groups of 500 or more must obtain additional: 0 dumpsters 0 portable� toilets Brief description of program(i.e. co picnic, car show, craft show,wedding, etc.): tv` , c List all activities that will be held: Items brought into park site: 0 to 0 tables 0 chairs ❑ benches 0 carnival rides 0 music 0 animals model planes ❑ other ❑ other Water, electricity and re ooms are available at all sites. Please explain any additional utilities needed: • Will beer/wine be present: . /Yes ❑ No IF YOU CHECKED YES,PLEASE ANSWER BELOW QUESTIONS **Indicate the number of beer/wine permits issued to the undersigned this calendar year . Indicate the number of beer/wine permits denied . Indicate Indicate amount of beer/wine to be brought into the City Park under this permit on such date (number of wine bottles,beer cases,beer kegs, etc.) A Cm S e 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 Cityof McHenry my 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 pr erty. I al understand that not complying with the Park Permit rules will result in loss of deposit. Signature: Date: ' /‘f 6 Health permits are require law for concessions essions and catering. 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: 4 Col O 9 / Initials: rho Deposit Fee: $ �� �4,� Payment: Cash ❑ Check❑ Charge Total Fee: $ "! Submitted to Ci Council: L717,)4076)9 Confirmation Sent: Initials: City Council Approval: Forms\picnic fonns\special use and beer and or wine application SATE 4/09/2009 04:18 PM CITY OF MCHENRY PAGE 1 LIST OF BILLS COUNCIL MEETING 4/20/09 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 9040386 100 22 1002 AALTO, BRIAN 4/2-3/09 TRAINING MEAL REIMB 04/20/09 0 040909 16.00 100.22.5420 0904 040909 GLJ8309 16.00 040909 9040323 100 XXXXX 1071 ACE HARDWARE, BJORKMAN'S MARCH 2009MATERIALS & SUPPLIES 04/20/09 0 040809 2,717.20 100.01.6110 0904 040809 GLJ8293 276.66 040809 100.33.4510 0904 040809 GLJ8293 405.78 040809 100.33.5370 0904 040809 GLJ8293 41.79 040809 100.33.6110 0904 040809 GLJ8293 1070.66 040809 100.41.6110 0904 040809 GLJ8293 M 662.36 040809 100.41.6270 0904 040809 GLJ8293 259.95 040809 9040324 510 XXXXX 1071 ACE HARDWARE, BJORKMAN'S MARCH 2009MATERIALS & SUPPLIES 04/20/09 0 040809 614.73 510.31.4510 0904 040809 GLJ8293 271.41 040809 510.31.6110 0904 040809 GLJ8293 65.69 040809 510.31.6110 0904 040809 GLJ8293 63.42 040809 100-1415IND 510.32.6110 0904 040809 GLJ8293 214.21 040809 9040388 100 33 1108 ADAMS ENTERPRISES INC, R 405321VEHICLE REPAIR PARTS 04/20/09 0 040909 500.92 100.33.5370 0904 040909 GLJ8309 500.92 040909 9040389 100 33 1108 ADAMS ENTERPRISES INC, R 405624VEHICLE REPAIR PARTS 04/20/09 0 040909 875.69 100.33.5370 0904 040909 GLJ8309 875.69 040909 9040390 100 33 1108 ADAMS ENTERPRISES INC, R 405625VEHICLE REPAIR PARTS 04/20/09 0 040909 79.32 100.33.5370 0904 040909 GLJB309 79.32 040909 9040391 100 33 1108 ADAMS ENTERPRISES INC, R 406632VEHICLE REPAIR PARTS 04/20/09 0 040909 58.83 100.33.5370 0904 040909 GLJ8309 58.83 040909 9040392 100 33 1108 ADAMS ENTERPRISES INC, R 406631VEHICLE REPAIR PARTS 04/20/09 0 040909 319.95 100.33.5370 0904 040909 GLJ8309 319.95 040909 9040393 100 33 1108 ADAMS ENTERPRISES INC, R 407089VEHICLE REPAIR PARTS 04/20/09 0 040909 762.48 100.33.5370 0904 040909 GLJ8309 762.48 040909 9040394 100 33 1106 ADAMS STEEL SERVICE INC 282285SUPPLIES 04/20/09 0 040909 20.16 100.33.5370 0904 040909 GLJ8309 20.16 040909 9040395 510 31 1106 ADAMS STEEL SERVICE INC 282322WELDING REPAIR 04/20/09 0 040909 110.00 510.31.6110 0904 040909 GLJ8309 110.00 040909 9040387 100 22 1111 ADAMS, JOHN 3/16-20/09TRAINING MEAL REIMB 04/20/09 0 040909 31.30 100.22.5420 0904 040909 GLJ8309 31.30 040909 9040325 100 33 1256 AHLBORN EQUIPMENT INC 5933 CHAINS 04/20/09 0 040809 100.84 100.33.5370 0904 040809 GLJ8293 100.84 040809 9040326 510 31 1392 ALEXANDER LUMBER CO 14262 LUMBER 04/20/09 0 040809 140.79 510.31.6110 0904 040809 GLJ8293 140.79 040809 100-1415IND DATE 4/09/2009 04:18 PM CITY OF MCHENRY PAGE 2 LIST OF BILLS COUNCIL MEETING 4/20/09 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 9040327 100 33 1392 ALEXANDER LUMBER CO 14308 LUMBER 04/20/09 0 040809 94.00 100.33.6110 0904 040809 GLJ8293 94.00 040809 9040328 100 41 1392 ALEXANDER LUMBER CO 14386 M-LUMBER 04/20/09 0 040809 30.00 100.41.6110 0904 040809 GLJ8293 30.00 040809 9040329 100 01 1392 ALEXANDER LUMBER CO 14424 LUMBER 04/20/09 0 040809 9.50 100.01.6110 0904 040809 GLJ8293 9.50 040809 9040330 510 31 1392 ALEXANDER LUMBER CO 14477 LUMBER 04/20/09 0 040809 70.12 510.31.6110 0904 040809 GLJ8293 70.12 040809 9040331 100 33 1392 ALEXANDER LUMBER CO 14506 LUMBER 04/20/09 0 040809 346.80 100.33.6110 0904 040809 GLJ8293 346.80 040809 100-1415IND 9040332 100 41 1392 ALEXANDER LUMBER CO 14546 M-LUMBER 04/20/09 0 040809 56.22 100.41.6110 0904 040809 GLJ8293 56.22 040809 9040333 100 41 1392 ALEXANDER LUMBER CO 14583 M-LUMBER 04/20/09 0 040809 283.89 100.41.6110 0904 040809 GLJ8293 283.89 040809 9040335 100 33 1392 ALEXANDER LUMBER CO 14669 LUMBER 04/20/09 0 040809 92.50 100.33.6110 0904 040809 GLJ8294 92.50 040809 9040336 100 41 1392 ALEXANDER LUMBER CO 14702 M-LUMBER 04/20/09 0 040809 21.86 100.41.6110 0904 040809 GLJ8294 21.86 040809 9040337 100 33 1392 ALEXANDER LUMBER CO 14703 LUMBER 04/20/09 0 040809 270.74 100.33.6110 0904 040809 GLJ8294 270.74 040809 9040338 100 22 1414 ALTERNATE POWER INC 4401C MAINTENANCE AGREEMENT 04/20/09 0 040809 2,368.00 GENERATORS 100.22.5110 0904 040809 GLJ8294 2368.00 040809 9040396 100 41 1427 AMERICAN HOTEL REGISTER 8657470 C-CONCESSION SUPPLIES 04/20/09 0 040909 175.91 100.41.6110 0904 040909 GLJ8309 175.91 040909 9040339 510 32 1561 AQUAPREP 10715 CHEMICALS 04/20/09 0 040809 4,158.00 510.32.6110 0904 040809 GLJ8294 4158.00 040809 9040340 100 41 1632 ARAMARK 12281262 EMPLOYEE UNIFORMS 04/20/09 0 040809 71.48 ETTEN 100.41.4510 0904 040809 GLJ8294 71.48 040809 9040341 100 41 1450 AT&T 8153442792PETERSEN PARK ELECTRONIC SI 04/20/09 0 040809 25.77 100.41.5320 0904 040809 GLJ8294 25.77 040809 9040342 510 32 1450 AT&T 815Z952190ALARM CIRCUIT 04/20/09 0 040809 45.87 510.32.5320 0904 040809 GLJ8294 45.87 040809 DATE 4/09/2009 04:18 PM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 4/20/09 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 9040343 100 33 2765 BUSS FORD SALES 32118 VEHICLE REPAIR PARTS 04/20/09 0 040809 161.34 100.33.5370 0904 040809 GLJ8294 161.34 040809 9040344 100 22 2765 BUSS FORD SALES 32223 VEHICLE REPAIR PARTS 04/20/09 0 040809 43.24 100.22.5370 0904 040809 GLJ8294 43.24 040809 9040345 100 22 2765 BUSS FORD SALES 32224 VEHICLE REPAIR PARTS 04/20/09 0 040809 27.11 100.22.5370 0904 040809 GLJ8294 27.11 040809 9040346 510 32 3007 CAREY ELECTRIC 1247 WILLOW LIFT GENERATOR+HOOK-UP 04/20/09 0 040809 1,518.34 510.32.5375 0904 040809 GLJ8294 1518.34 040809 9040347 100 XXXXX 3015 CARQUEST AUTO PARTS STOR MARCH 2009VEHICLE REPAIR PARTS 04/20/09 0 040809 58.43 100.01.6110 0904 040809 GLJ8294 4.57 040809 100.22.5370 0904 040809 GLJ8294 21.28 040809 100.33.5370 0904 040809 GLJ8294 4.63 040809 100.41.5370 0904 040809 GLJ8294 27.95 040809 9040348 100 01 3157 CENTEGRA OCCUPATIONAL ME 69920 CDL RANDOM TESTING 04/20/09 0 040809 137.20 100.01.5110 0904 040809 GLJ8294 137.20 040809 9040349 610 00 3157 CENTEGRA OCCUPATIONAL ME 68912 WORKMANS COMP 04/20/09 0 040809 116.10 610.00.6940 0904 040809 GLJ8294 118.10 040809 9040350 610 00 3157 CENTEGRA OCCUPATIONAL ME 68959 WORKMANS COMP 04/20/09 0 040809 157.20 610.00.6940 0904 040809 GLJ8294 157.20 040809 9040351 610 00 3157 CENTEGRA OCCUPATIONAL ME 68779 WORKMANS COMP 04/20/09 0 040809 248.76 610.00.6940 0904 040809 GLJ8294 248.76 040809 9040352 610 00 3157 CENTEGRA OCCUPATIONAL ME 69102 WORKMANS COMP 04/20/09 0 040809 39.90 610.00.6940 0904 040809 GLJ8294 39.90 040809 9040353 610 00 3157 CENTEGRA OCCUPATIONAL ME 68566 WORKMANS COMP 04/20/09 0 040809 151.31 610.00.6940 0904 040809 GLJ8294 151.31 040809 9040354 610 00 3157 CENTEGRA OCCUPATIONAL ME 68628 WORKMANS COMP 04/20/09 0 040809 80.21 610.00.6940 0904 040809 GLJ8294 80.21 040809 9040355 610 00 3157 CENTEGRA OCCUPATIONAL ME 68712 WORKMANS COMP 04/20/09 0 040809 39.90 610.00.6940 0904 040809 GLJ8294 39.90 040809 9040356 610 00 3157 CENTEGRA OCCUPATIONAL ME 68791 WORKMANS COMP 04/20/09 0 040809 379.91 610.00.6940 0904 040809 GLJ8294 379.91 040809 9040357 610 00 3157 CENTEGRA OCCUPATIONAL ME 68932 WORKMANS COMP 04/20/09 0 040809 193.11 610.00.6940 0904 040809 GLJ8294 193.11 040809 9040358 510 31 3163 CERTIFIED SERVICES INC 2323 COLLECTIONS SERVICES 04/20/09 0 040809 49.24 510.31.5110 0904 040809 GLJ8294 49.24 040809 DATE 4/09/2009 04:18 PM CITY OF MCHENRY PAGE 4 LIST OF BILLS COUNCIL MEETING 4/20/09 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 9040359 100 33 6635 CHICAGO INTERNATIONAL TR 112030065 VEHICLE REPAIR PARTS 04/20/09 0 040809 61.71 100.33.5370 0904 040809 GLJ8294 61.71 040809 9040360 100 33 6635 CHICAGO INTERNATIONAL TR 112030131 VEHICLE REPAIR PARTS 04/20/09 0 040809 277.32 100.33.5370 0904 040809 GLJ8294 277.32 040809 9040361 100 33 6635 CHICAGO INTERNATIONAL TR 112030179 VEHICLE REPAIR PARTS 04/20/09 0 040809 74.10 100.33.5370 0904 040809 GLJ8294 74.10 040809 9040362 100 33 3266 CHRISTOPHER, DAVID CLOTHING ALLOWANCE REIMB 04/20/09 0 040809 37.44 100.33.4510 0904 040809 GLJ8295 37.44 040809 9040363 100 01 3285 CINTAS CORPORATION #355 355-01002 EMPLOYEE UNIFORM RENTALS 04/20/09 0 040809 46.32 100.01.4510 0904 040809 GLJ8295 46.32 040809 9040364 100 33 3285 CINTAS CORPORATION #355 355-01000 EMPLOYEE UNIFORM RENTALS 04/20/09 0 040809 217.62 100.33.4510 0904 040809 GLJ8295 217.62 040809 9040365 510 32 3285 CINTAS CORPORATION #355 355-00992 EMPLOYEE UNIFORM RENTALS 04/20/09 0 040809 140.05 510.32.4510 0904 040809 GLJ8295 140.05 040809 9040366 510 32 3285 CINTAS CORPORATION #355 355-00999 EMPLOYEE UNIFORM RENTALS 04/20/09 0 040809 215.70 510.32.4510 0904 040809 GLJ8295 215.70 040809 9040367 100 01 3285 CINTAS CORPORATION #355 355-01002 FLOOR MAT RENTALS 04/20/09 0 040809 332.50 100.01.6110 0904 040809 GLJ8295 332.50 040809 9040368 100 33 3285 CINTAS CORPORATION #355 355-01000 FLOOR MAT RENTALS 04/20/09 0 040809 66.44 100.33.6110 0904 040809 GLJ8295 66.44 040809 9040369 510 32 3285 CINTAS CORPORATION #355 355-00992 FLOOR MAT RENTALS & SOAP 04/20/09 0 040809 89.40 510.32.6110 0904 040809 GLJ8295 89.40 040809 9040370 510 32 3285 CINTAS CORPORATION #355 355-00999 FLOOR MAT RENTALS & SOAP 04/20/09 0 040809 130.68 510.32.6110 0904 040809 GLJ8295 130.68 040809 9040371 100 30 3400 CLIFFORD-WALD 53049 LARGE FORMAT COPIER SUPPLIES 04/20/09 0 040809 196.02 100.30.6210 0904 040809 GLJ8295 196.02 040809 9040397 620 00 3509 COMCAST CABLE 879810044 INTERNET SERVICES 04/20/09 0 040909 79.40 620.00.5110 0904 040909 GLJ8309 79.40 040909 9040398 100 XXXXX 3531 COMED MARCH 2009UTILITIES 04/20/09 0 040909 1,283.97 100.33.5520 0904 040909 GLJ8309 288.20 040909 100.41.5510 0904 040909 GLJ8309 995.77 040909 9040399 510 XXXXX 3531 COMED MARCH 2009UTILITIES 04/20/09 0 040909 886.49 510.31.5510 0904 040909 GLJ8309 336.89 040909 510.32.5510 0904 040909 GLJ8309 549.60 040909 DATE 4/09/2009 04:18 PM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 4/20/09 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 9040400 510 XXXXX 3531 CONED MARCH 09 WATER/SEWER PUMPING CHARGES 04/20/09 0 040909 7,779.07 510.31.5510 0904 040909 GLJ8309 4782.44 040909 510.32.5510 0904 040909 GLJ8309 2996.63 040909 9040401 100 33 3528 CONED 5433098004STREET LIGHTING 04/20/09 0 040909 1,849.41 100.33.5520 0904 040909 GLJ8309 1849.41 040909 9040402 100 33 3528 CONED 8990135056STREET LIGHTING 04/20/09 0 040909 22,320.13 100.33.5520 0904 040909 GLJ8309 22320.13 040909 9040403 100 22 3512 COMMISSION ON ACCREDITAT 36806 ACCREDITATION PINS 04/20/09 0 040909 135.50 100.22.6210 0904 040909 GLJ8309 135.50 040909 9040404 100 41 3539 CONSERV FS 1182800 M-SUPPLIES 04/20/09 0 040909 654.40 100.41.6110 0904 040909 GLJ8309 654.40 040909 9040405 100 41 3539 CONSERV FS 1192614 M-FERTILIZER 04/20/09 0 040909 7,227.00 100.41.6110 0904 040909 GLJ8309 7227.00 040909 9040373 100 01 3634 CRESCENT ELECTRIC SUPPLY 112131119 ELECTRICAL SUPPLIES 04/20/09 0 040809 143.10 100.01.6110 0904 040809 GLJ8295 143.10 040809 9040406 510 31 3634 CRESCENT ELECTRIC SUPPLY 112131103 ELECTRICAL SUPPLIES 04/20/09 0 040909 156.36 510.31.6110 0904 040909 GLJ8309 156.36 040909 9040372 620 00 3757 CUTTING EDGE COMMUNICATI 3164 INSTALL D-LINK 24 PORT SWITCH 04/20/09 0 040809 2,240.50 620.00.6270 0904 040809 GLJ8295 2240.50 040809 9040407 620 00 3757 CUTTING EDGE COMMUNICATI 3165 BUILDING CAMERA INSTALLTIONS 04/20/09 0 040909 1,435.00 620.00.5110 0904 040909 GLJ8309 1435.00 040909 9040408 510 32 4004 D'ANGELO NATURAL SPRING MARCH 2009BOTTLED DISTILED WATER 04/20/09 0 040909 46.50 510.32.6110 0904 040909 GLJ8309 46.50 040909 9040409 620 00 4144 DELL MARKETING LP XD5PKD4D3 COMPUTER MEMORY UPGRADES 04/20/09 0 040909 140.36 620.00.6270 0904 040909 GLJ8309 140.36 040909 9040374 100 01 4289 DILLON, JOHN CLOTHING ALLOWANCE REIMB 04/20/09 0 040809 100.56 100.01.4510 0904 040809 GLJ8295 100.56 040809 9040375 100 01 4760 DURA WAX COMPANY INC, TH 329294BUILDING CLEANING SUPPLIES 04/20/09 0 040809 81.75 100.01.6110 0904 040809 GLJ8295 81.75 040809 9040410 100 01 4760 DURA WAX COMPANY INC, TH 330653CLEANING SUPPLIES 04/20/09 0 040909 48.95 100.01.6110 0904 040909 GLJ8309 48.95 040909 9040411 100 XXXXX 5109 ED'S AUTOMOTIVE/JIM'S MU MARCH 2009VEHICLE SAFETY INSPECTIONS 04/20/09 0 040909 69.00 100.33.5370 0904 040909 GLJ8309 46.00 040909 100.41.5370 0904 040909 GLJ8309 23.00 040909 9040412 100 33 5107 ED'S RENTAL & SALES INC 1339811 CHAIN SAW SUPPLIES 04/20/09 0 040909 62.25 DATE 4/09/2009 04:18 PM CITY OF MCHENRY PAGE 6 LIST OF BILLS COUNCIL MEETING 4/20/09 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 0904 040909 GLJ8309 62.25 040909 9040413 100 22 5517 ENTENMANN-ROVIN CO 50864 EMPLOYEE UNIFORM ITEMS 04/20/09 0 040909 69.84 FOERSTER 100.22.4510 0904 040909 GLJ8309 69.84 040909 9040376 100 22 6026 FAMILY TAILOR SHOP 223749UNIFORM ALTERATIONS 04/20/09 0 040809 72.00 100.22.4510 0904 040809 GLJ8295 BROGAN 32.00 040809 100.22.4510 0904 040809 GLJ8295 FOERSTER 40.00 040809 9040414 100 22 6029 FAST EDDIES CAR WASH MARCH 2009SQUAD CAR WASHES 04/20/09 0 040909 107.15 100.22.5370 0904 040909 GLJ8309 107.15 040909 9040415 100 22 6390 FLESCH COMPANY INC, GORD 10Q173COPIER METER READING 04/20/09 0 040909 106.46 100.22.5110 0904 040909 GLJ8309 106.46 040909 9040417 100 01 6561 FOX VALLEY CHEMICAL CO 40122 CLEANING SUPPLIES 04/20/09 0 040909 441.60 100.01.6110 0904 040909 GLJ8309 441.60 040909 9040377 280 41 6564 FOX VALLEY FENCE & SUPPL FF09007 PETERSEN PARK BALLFIELD FEN 04/20/09 0 040809 25,781.40 280.41.8800 0904 040809 GLJ8295 25781.40 040809 280-PKSRESTOR 9040416 100 33 6559 FOXCROFT MEADOWS INC 34867 SILT FENCING & GRASS SEED 04/20/09 0 040909 209.00 100.33.6110 0904 040909 GLJ8309 209.00 040909 9040378 100 00 2 FRONTIER CHIROPRACTIC REFUND PERMIT #09-03-001 04/20/09 0 040809 30.00 100.00.3410 0904 040809 GLJ8295 30.00 040809 9040380 100 33 7281 G IMPRESSIONS INC SM00091 EQUIPMENT NUMBERS 04/20/09 0 040809 24.00 100.33.5370 0904 040809 GLJ8295 24.00 040809 9040381 100 41 7281 G IMPRESSIONS INC SM00090 BALL FIELD DISTANCE NUMBERS 04/20/09 0 040809 60.00 100.41.6110 0904 040809 GLJ8295 60.00 040809 9040379 100 41 1 GALWAY, BROOKE PARKS PROGRAM REFUND 04/20/09 0 040809 75.00 100.41.3637 0904 040809 GLJ8295 75.00 040809 9040418 100 22 7008 GANDOR, MARK 3/23-27/09TRAINING MEAL REIMB 04/20/09 0 040909 38.70 100.22.5420 0904 040909 GLJ8309 38.70 040909 9040419 100 22 7008 GANDOR, MARK UNIFORM CLEANING REIMB 04/20/09 0 040909 38.80 100.22.4510 0904 040909 GLJ8309 38.80 040909 9040382 100 04 7391 GLICK, DEBORAH A CLOTHING ALLOWANCE REIMB 04/20/09 0 040809 203.91 100.04.4510 0904 040809 GLJ8295 203.91 040809 9040420 510 32 8009 HACH COMPANY 6175388 SUPPLIES 04/20/09 0 040909 211.51 510.32.6110 0904 040909 GLJ8309 211.51 040909 9040383 100 22 8017 HANSEN'S ALIGNMENT, DON 3/31/09 VEHICLE REPAIRS 04/20/09 0 040809 65.00 DATE 4/09/2009 04:18 PM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCIL MEETING 4/20/09 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 100.22.5370 0904 040809 GLJ8295 65.00 040809 9040384 100 41 8038 HARKER, MAUREEN B WINTER 09 R-PARKS PROGRAM INSTRUCTOR 04/20/09 0 040809 525.00 100.41.5110 0904 040809 GLJ8295 525.00 040809 9040421 510 31 8042 HAWKINS INC 3003271 CHEMICALS 04/20/09 0 040909 1,859.99 510.31.6110 0904 040909 GLJ8309 1859.99 040909 9040385 600 00 8170 HESTER, DANIEL E IMRF INSURANCE PREMIUM REFUND 04/20/09 0 040809 8.70 600.00.3653 0904 040809 GLJ8295 8.70 040809 9040422 100 41 1 HOLIAN, CAROL PARKS PROGRAM REFUND 04/20/09 0 040909 164.00 100.41.3636 0904 040909 GLJS309 164.00 040909 9040424 100 01 9006 IAHPC 2009 COMMISSION MEMBERSHIP RENEWAL 04/20/09 0 040909 50.00 100.01.4220 0904 040909 GLJ8309 50.00 040909 100-LDMKCOM 9040425 510 31 9496 INDUSTRIAL SHELVING SYST 7560 SHELVING SUPPLIES 04/20/09 0 040909 498.00 510.31.6110 0904 040909 GLJ8309 498.00 040909 9040426 100 01 9500 INNOVATIVE PACKAGING INC IVC19564 BUILDING MAINTENANCE SUPPLI 04/20/09 0 040909 526.45 100.01.6110 0904 040909 GLJ8309 526.45 040909 9040427 100 41 9561 IPRA 65809 TRAINING COURSE 04/20/09 0 040909 409.00 BARTODZIEJ 100.41.5430 0904 040909 GLJ8309 409.00 040909 9040428 100 33 10527 JOHNS TREE SERVICE 1013 TREE STUMP REMOVAL 04/20/09 0 040909 300.00 100.33.5110 0904 040909 GLJ8309 300.00 040909 9040429 100 33 10527 JOHNS TREE SERVICE 1007 TREE REMOVAL 04/20/09 0 040909 500.00 100.33.5110 0904 040909 GLJ8309 500.00 040909 9040430 100 22 11025 KALE UNIFORMS INC 329925EMPLOYEE UNIFORMS 04/20/09 0 040909 629.42 100.22.4510 0904 040909 GLJ8309 DEBOLT 72.74 040909 100.22.4510 0904 040909 GLJ8309 SEXTON 136.34 040909 100.22.4510 0904 040909 GLJ8309 SCHMITT 180.53 040909 100.22.4510 0904 040909 GLJ8309 SPOHN 239.81 040909 9040431 100 22 11025 KALE UNIFORMS INC 330578EMPLOYEE UNIFORMS 04/20/09 0 040909 227.96 HARRIS 100.22.4510 0904 040909 GLJ8309 227.96 040909 9040432 100 22 11025 KALE UNIFORMS INC 330219EMPLOYEE UNIFORMS 04/20/09 0 040909 104.95 INTRAVARTOLO 100.22.4510 0904 040909 GLJ8309 104.95 040909 9040433 600 00 11050 KEEVIL, JAMES IMRF INSURANCE PREMIUM REFUND 04/20/09 0 040909 10.04 600.00.3653 0904 040909 GLJ8309 10.04 040909 DATE 4/09/2009 04:18 PM CITY OF MCHENRY PAGE 8 LIST OF BILLS COUNCIL MEETING 4/20/09 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 9040434 100 01 11144 KEN-CO SERVICES 13842 FLOOR SCRUBBER REPAIRS 04/20/09 0 040909 292.07 100.01.5110 0904 040909 GLJ8309 292.07 040909 9040435 100 33 11286 KIMBALL MIDWEST 1021747 SUPPLIES 04/20/09 0 040909 205.24 100.33.5370 0904 040909 GLJ8309 205.24 040909 9040436 100 33 11286 KIMBALL MIDWEST 1013405 SUPPLIES 04/20/09 0 040909 350.19 100.33.5370 0904 040909 GLJ8309 350.19 040909 9040438 100 22 11289 KING, LAURA PSY8002 TUITION REIMB 04/20/09 0 040909 1,750.00 100.22.5440 0904 040909 GLJ8309 1750.00 040909 9040439 600 00 11518 KOLLENKARK, WILLIAM IMRF INSURANCE PREMIUMS REFUND 04/20/09 0 040909 8.70 600.00.3653 0904 040909 GLJ8309 8.70 040909 9040440 100 XXXXX 12017 LANG PONTIAC-CADILLAC-SU 75705 VEHICLE REPAIR PARTS 04/20/09 0 040909 21.56 100.01.5370 0904 040909 GLJ8309 21.56 040909 100.01.5370 0904 040909 GLJ8311 21.56CR 040909 100.41.5370 0904 040909 GLJ8311 21.56 040909 9040441 100 41 12017 LANG PONTIAC-CADILLAC-SU 75646 VEHICLE REPAIR PARTS 04/20/09 0 040909 222.88 100.41.5370 0904 040909 GLJ8309 222.88 040909 9040442 100 33 12142 LEACH ENTERPRISES INC 693688VEHICLE REPAIR PARTS 04/20/09 0 040909 102.96 100.33.5370 0904 040909 GLJ8309 102.96 040909 9040443 510 32 12142 LEACH ENTERPRISES INC 694508SUPPLIES 04/20/09 0 040909 14.28 510.32.6110 0904 040909 GLJ8309 14.28 040909 9040322 100 22 1074 LEXISNEXIS 20090331 PHONE PLUS SEARCHES 04/20/09 0 040809 118.00 100.22.5110 0904 040809 GLJ8293 118.00 040809 9040444 100 41 1 LINDSEY, ORLY PARKS PROGRAM REFUND 04/20/09 0 040909 85.00 100.41.3637 0904 040909 GLJ8309 85.00 040909 9040445 100 04 12880 LYNCH, CAROLYN 3/6/09TRAINING MILEAGE REIMB 04/20/09 0 040909 54.99 100.04.5420 0904 040909 GLJ8309 54.99 040909 9040446 100 33 13004 MARCHEWKA, MIKE 3/27/09 NUISANCE ANIMAL REMOVALS 04/20/09 0 040909 1,020.00 100.33.5110 0904 040909 GLJ8309 1020.00 040909 9040447 100 41 1 MARLER, DENISE PARKS PROGRAM REFUND 04/20/09 0 040909 65.00 100.41.3636 0904 040909 GLJ8309 65.00 040909 9040448 510 31 13037 MARTELLE WATER TREATMENT 7415 CHEMICALS 04/20/09 0 040909 1,275.70 510.31.6110 0904 040909 GLJ8309 1275.70 040909 9040449 100 01 14067 MCANDREWS PC, THE LAW OF 01 105LEGAL FEES - TRAFFIC 04/20/09 0 040909 6,800.00 100.01.5230 0904 040909 GLJ8309 6800.00 040909 9040450 510 31 14246 MCHENRY ANALYTICAL WATER 22080 WATER SAMPLE ANALYSIS 04/20/09 0 040909 80.00 DATE 4/09/2009 04:18 PM CITY OF MCHENRY PAGE 9 LIST OF BILLS COUNCIL MEETING 4/20/09 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 510.31.5110 0904 040909 GLJ8309 80.00 040909 9040451 260 00 14276 MCHENRY COMMUNITY HIGH S MARCH 09 OPERATING FEES 04/20/09 0 040909 6,188.00 260.00.6970 0904 040909 GLJ8309 6188.00 040909 9040452 260 00 14275 MCHENRY COMMUNITY SCHOOL MARCH 09 OPERATING FEES 04/20/09 0 040909 8,478.00 260.00.6970 0904 040909 GLJ8309 8478.00 040909 9040456 100 41 14275 MCHENRY COMMUNITY SCHOOL WNTR/SPG09R-PKS PRGM SCHOOL RENTALS 04/20/09 0 040909 1,380.75 100.41.5110 0904 040909 GLJ8309 1380.75 040909 9040453 100 XXXXX 14296 MCHENRY COUNTY COUNCIL 0 6 MARCH MEETING 04/20/09 0 040909 192.00 100.01.6940 0904 040909 GLJ8309 128.00 040909 100.02.5430 0904 040909 GLJ8309 64.00 040909 9040454 100 01 14258 MCHENRY COUNTY RECORDER MARCH 2009RECORDING FEES 04/20/09 0 040909 400.00 100.01.6940 0904 040909 GLJ8309 400.00 040909 9040455 510 32 14266 MCHENRY FIRESTONE 16330 TIRE REPAIRS 04/20/09 0 040909 36.00 510.32.5370 0904 040909 GLJ8309 36.00 040909 9040457 100 33 14251 MCHENRY NAPA FEB 2009 VEHICLE REPAIR PARTS 04/20/09 0 040909 542.13 100.33.5370 0904 040909 GLJ8309 454.89 040909 100.33.5370 0904 040909 GLJ8309 87.24 040909 9040458 100 XXXXX 14251 MCHENRY NAPA MARCH 2009VEHICLE REPAIR PARTS 04/20/09 0 040909 1,181.24 100.01.5370 0904 040909 GLJ8309 28.75 040909 100.03.5370 0904 040909 GLJ8309 111.81 040909 100.22.5370 0904 040909 GLJ8309 282.43 040909 100.33.5370 0904 040909 GLJ8309 663.34 040909 100.41.5370 0904 040909 GLJ8309 94.91 040909 9040459 510 32 14251 MCHENRY NAPA FEB 2009 VEHICLE REPAIR PARTS 04/20/09 0 040909 37.80 510.32.5370 0904 040909 GLJ8309 37.80 040909 9040460 260 00 14270 MCHENRY PUBLIC LIBRARY MARCH 09 OPERATIING FEES 04/20/09 0 040909 472.00 260.00.6980 0904 040909 GLJ8309 472.00 040909 9040461 260 00 14261 MCHENRY TOWNSHIP FIRE PR MARCH 09 OPERATIING FEES 04/20/09 0 040909 64.00 260.00.6990 0904 040909 GLJ8309 64.00 040909 9040462 100 33 13140 MF.AnE ELECTRIC COMPANY I 640531TRAFFIC SIGNAL MAINTENANCE 04/20/09 0 040909 225.44 100.33.6110 0904 040909 GLJ8309 225.44 040909 9040463 100 33 13172 MEYER MATERIAL COMPANY 220078MATERIALS 04/20/09 0 040909 807.81 100.33.6110 0904 040909 GLJ8309 807.81 040909 9040464 100 01 13172 MEYER MATERIAL COMPANY 220125MATERIALS 04/20/09 0 040909 74.10 100.01.6110 0904 040909 GLJ8309 74.10 040909 9040465 510 31 13172 MEYER MATERIAL COMPANY 220290MATERIALS 04/20/09 0 040909 117.40 DATE 4/09/2009 04:18 PM CITY OF MCHENRY PAGE 10 LIST OF BILLS COUNCIL MEETING 4/20/09 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 510.31.6110 0904 040909 GLJ8309 117.40 040909 9040466 100 01 13277 MIDWEST HOSE AND FITTING M2019 SUPPLIES 04/20/09 0 040909 56.59 100.01.6110 0904 040909 GLJ8309 56.59 040909 9040467 100 01 13291 MINUTEMAN PRESS OF MCH 70278 COLORED COPIES/MARKETING 04/20/09 0 040909 1,737.00 100.01.5330 0904 040909 GLJ8309 1737.00 040909 9040468 100 04 13291 MINUTEMAN PRESS OF MCH 70254 NOTARY STAMP 04/20/09 0 040909 28.00 GLICK 100.04.6210 0904 040909 GLJ8309 28.00 040909 9040469 100 22 15009 NATIONAL AWARD SERVICES 226444A ENGRAVING 20 YEAR PLATES 04/20/09 0 040909 23.42 100.22.6210 0904 040909 GLJ8311 23.42 040909 9040470 100 41 17156 PEPSI-COLA GENL BOT 9727309313C-CONCESSION SUPPLIES 04/20/09 0 040909 454.00 100.41.6110 0904 040909 GLJ8311 454.00 040909 9040471 100 03 2532 PETROLIANCE LLC 1072214 VEHICLE FUEL 04/20/09 0 040909 75.38 100.03.6250 0904 040909 GLJ8311 75.38 040909 9040472 100 XXXXX 2532 PETROLIANCE LLC 1072350 VEHICLE FUEL 04/20/09 0 040909 75.77 100.01.6250 0904 040909 GLJ8311 26.70 040909 100.03.6250 0904 040909 GLJ8311 49.07 040909 9040473 100 22 2532 PETROLIANCE LLC 1072215 VEHICLE FUEL 04/20/09 0 040909 1,626.16 100.22.6250 0904 040909 GLJ8311 1626.16 040909 9040474 100 33 2532 PETROLIANCE LLC 8645331 VEHICLE MAINTENANCE FLUIDS 04/20/09 0 040909 180.12 100.33.6250 0904 040909 GLJ8311 180.12 040909 9040475 100 33 2532 PETROLIANCE LLC 8645329 VEHICLE MAINTENANCE FLUIDS 04/20/09 0 040909 1,550.15 100.33.6250 0904 040909 GLJ8311 1550.15 040909 9040476 100 33 2532 PETROLIANCE LLC 1072287 VEHICLE FUEL 04/20/09 0 040909 436.95 100.33.6250 0904 040909 GLJ8311 436.95 040909 9040477 100 33 2532 PETROLIANCE LLC 1072216 VEHICLE FUEL 04/20/09 0 040909 1,765.49 100.33.6250 0904 040909 GLJ8311 1765.49 040909 9040478 100 41 2532 PETROLIANCE LLC 1072353 VEHICLE FUEL 04/20/09 0 040909 75.07 100.41.6250 0904 040909 GLJ8311 75.07 040909 9040479 510 31 2532 PETROLIANCE LLC 1072354 VEHICLE FUEL 04/20/09 0 040909 157.80 510.31.6250 0904 040909 GLJ8311 157.80 040909 9040480 510 32 2532 PETROLIANCE LLC 1072219 VEHICLE FUEL 04/20/09 0 040909 315.99 510.32.6250 0904 040909 GLJ8311 315.99 040909 9040481 510 31 2532 PETROLIANCE LLC 1072213 VEHICLE FUEL 04/20/09 0 040909 69.43 510.31.6250 0904 040909 GLJ8311 69.43 040909 DATE 4/09/2009 04:18 PM CITY OF MCHENRY PAGE 11 ' LIST OF BILLS COUNCIL MEETING 4/20/09 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 9040482 510 31 2532 PETROLIANCE LLC 1072218 VEHICLE FUEL 04/20/09 0 040909 111.84 510.31.6250 0904 040909 GLJ8311 111.84 040909 9040483 100 22 17154 PETTIBONE & CO, P F 17480 EMPLOYEE UNIFORM ITEMS 04/20/09 0 040909 149.00 PRATHER 100.22.4510 0904 040909 GLJ8311 149.00 040909 9040484 100 22 17542 POPP, LARRY UNIFORM CLEANING REIMB 04/20/09 0 040909 20.70 100.22.4510 0904 040909 GLJ8311 20.70 040909 9040485 100 33 17635 PRIME TACK & SEAL CO 25282 SUPPLIES 04/20/09 0 040909 714.42 100.33.6110 0904 040909 GLJ8311 714.42 040909 9040486 100 33 17656 PROSAFETY INC 2/622520 SUPPLIES 04/20/09 0 040909 104.00 100.33.6110 0904 040909 GLJ8311 104.00 040909 9040494 100 01 19000 R&J CONTRUCTION SUPPLY C 818538SUPPLIES 04/20/09 0 040909 30.00 100.01.6110 0904 040909 GLJ8311 30.00 040909 9040487 510 31 19157 REICHE'S PLUMBING SEWER 3/25/09 WATER METER RELOCATED 04/20/09 0 040909 225.00 510.31.5110 0904 040909 GLJ8311 225.00 040909 9040488 610 00 19145 REID, MICHAEL W/C PERSCRIPTION REINS 04/20/09 0 040909 38.34 610.00.6940 0904 040909 GLJ8311 38.34 040909 9040490 100 41 19148 RELIABLE SAND & GRAVEL 1513 M-MATERIALS 04/20/09 0 040909 100.00 100.41.6110 0904 040909 GLJ8311 100.00 040909 9040491 100 41 19148 RELIABLE SAND & GRAVEL 1514 M-MATERIALS 04/20/09 0 040909 55.00 100.41.6110 0904 040909 GLJ8311 55.00 040909 9040492 100 33 19148 RELIABLE SAND & GRAVEL 1515 MATERIALS 04/20/09 0 040909 4,120.42 100.33.6110 0904 040909 GLJ8311 4120.42 040909 9040493 XXXXX XXXXX 19312 RIVERSIDE BAKE SHOP FEB 2009 MEETING REFRESHMENTS 04/20/09 0 040909 103.22 610.00.6940 0904 040909 GLJ8311 30.37 040909 100.02.6940 0904 040909 GLJ8311 72.85 040909 9040495 100 41 20022 SASAK, TODD CLOTHING ALLOWANCE REIMB 04/20/09 0 040909 197.47 100.41.4510 0904 040909 GLJ8311 197.47 040909 9040496 510 31 20101 SCHEEL, BRYAN CLOTHING ALLOWANCE REIMB 04/20/09 0 040909 123.70 510.31.4510 0904 040909 GLJ8311 123.70 040909 9040497 510 31 20430 SEC GROUP INC 356333GIS UPDATES 04/20/09 0 040909 2,300.00 510.31.5110 0904 040909 GLJ8311 2300.00 040909 9040498 100 33 20430 SEC GROUP INC 356327ESTIMATES FOR STIMULUS 04/20/09 0 040909 670.00 100.33.5110 0904 040909 GLJ8311 670.00 040909 DATE 4/09/2009 04:18 PM CITY OF MCHENRY PAGE 12 a LIST OF BILLS COUNCIL MEETING 4/20/09 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 9040499 100 03 20430 SEC GROUP INC 356331ZONING MAP UPDATES 04/20/09 0 040909 974.85 100.03.5330 0904 040909 GLJ8311 974.85 040909 9040500 100 01 20152 SECRETARY OF STATE / POL #301 VEHICLE REGISTRATION RENEWAL 04/20/09 0 040909 78.00 100.01.6940 0904 040909 GLJ8311 78.00 040909 9040501 100 22 20172 SEXTON, ERIC M 4/2-3/09 TRAINING MFAT REIMB 04/20/09 0 040909 16.00 100.22.5420 0904 040909 GLJ8311 16.00 040909 9040502 100 02 20668 SHAW SUBURBAN MEDIA MARCH 09 LEGAL ADVERTISING 04/20/09 0 040909 144.80 100.02.5330 0904 040909 GLJ8311 144.80 040909 9040503 100 01 20250 SHERMAN MECHANI('AT, INC S46770BOILER REPAIRS 04/20/09 0 040909 331.02 100.01.5110 0904 040909 GLJ8311 331.02 040909 9040504 100 22 20311 SIRCHIE FINGER PRINT LAB 509140INVESTIGATION SUPPLIES 04/20/09 0 040909 127.49 100.22.6210 0904 040909 GLJ8311 127.49 040909 9040508 100 41 20733 ST PAULS EPISCOPAL CHURC MARCH 09 R-PARKS PRGM RENTAL SPACE 04/20/09 0 040909 833.25 100.41.5110 0904 040909 GLJ8311 833.25 , 040909 9040505 100 03 20707 STAN'S FINANCIAL SERVICE 9804 LARGE FORMAT COPIER/SCAN 04/20/09 0 040909 222.00 100.03.5110 11080352 0904 040909 GLJ8311 222.00 040909 222.00 9040506 620 00 20710 STANS OFFICE TECHNOLOGIE 259814INTERNET SERVICES 04/20/09 0 040909 179.00 620.00.5110 0904 040909 GLJ8311 179.00 040909 9040507 100 XXXXX 20711 STAPLES BUSINESS ADVANTA 8012135347OFFICE SUPPLIES 04/20/09 0 040909 363.13 100.00.6210 0904 040909 GLJ8311 415.36CR 040909 100.03.6210 0904 040909 GLJ8311 399.79 040909 100.04.6210 0904 040909 GLJ8311 15.57 040909 100.00.6210 0904 040909 GLJ8311 297.99 040909 100.04.6210 0904 040909 GLJ8311 16.25 040909 100.30.6210 0904 040909 GLJ8311 48.89 040909 9040509 100 41 1 SULLIVAN, CAROL PARKS PROGRAM REFUND 04/20/09 0 040909 164.00 100.41.3636 0904 040909 GLJ8311 164.00 040909 9040511 100 41 21528 TOMARK SPORTS INC 93046813 BALLFIELD FENCE GUARD & WRA 04/20/09 0 040909 855.70 100.41.6110 0904 040909 GLJ8311 855.70 040909 9040512 100 33 21632 TRAFFIC CONTROL & PROTEC 63162 STREET SIGNS 04/20/09 0 040909 460.38 100.33.6110 0904 040909 GLJ8311 460.38 040909 9040513 100 01 21632 TRAFFIC CONTROL & PROTEC 63163 SUPPLIES 04/20/09 0 040909 178.07 100.01.6110 0904 040909 GLJ8311 178.07 040909 9040510 440 00 21651 TRI-STATE CARPET & DECOR CG905713 CERAMIC TILE REPLACEMENT 04/20/09 0 040909 250.00 440.00.8100 0904 040909 GLJ8311 250.00 040909 100-1415IND DATE 4/09/2009 04:18 PM CITY OF MCHENRY PAGE 13 LIST OF BILLS COUNCIL MEETING 4/20/09 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 9040514 100 04 22497 UNITED PARCEL SERVICE 60X485149 UPS CHARGES 04/20/09 0 040909 49.42 100.04.5310 0904 040909 GLJ8311 49.42 040909 9040515 510 31 22669 USA BLUEBOOK 789106SUPPLIES 04/20/09 0 040909 174.86 510.31.6110 0904 040909 GLJ8311 174.86 040909 9040516 100 41 3661 VALLEY VIEW ACRES 4647 R-PARKS PROGRAM INSTRUCTOR 04/20/09 0 040909 170.00 100.41.5110 0904 040909 GLJ8311 170.00 040909 9040517 510 32 23287 VIKING CHEMICAL COMPANY 188152CHEMICALS 04/20/09 0 040909 1,568.90 510.32.6110 0904 040909 GLJ8311 1568.90 040909 9040519 100 33 24256 WHOLESALE DIRECT INC 169728SUPPLIES 04/20/09 0 040909 147.35 100.33.5370 0904 040909 GLJ8311 147.35 040909 9040518 100 41 24307 WITT, CINDY CLOTHING ALLOWANCE REIMB 04/20/09 0 040909 73.43 100.41.4510 0904 040909 GLJ8311 73.43 040909 9040520 620 00 25875 XYBIX SYSTEMS INC 11384 COMPONENTS FOR COM CENTER 04/20/09 0 040909 321.00 620.00.6270 0904 040909 GLJ8311 321.00 040909 EXPENDED LIQUID ACCRUAL GRAND TOTALS 157,881.37 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 85,418.62 222.00 260 ANNEXATION FUND 15,202.00 280 DEVELOPER DONATION FUND 25,781.40 440 CAPITAL IMPROVEMENTS FUND 250.00 510 WATER/SEWER FUND 25,329.54 600 EMPLOYEE INSURANCE FUND 27.44 610 RISK MANAGEMENT FUND 1,477.11 620 INFORMATION TECHNOLOGY FUND 4,395.26 **** 157,881.37 222.00 er- AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson,Assistant City Administrator FOR: April 20, 2009 Regular City Council Meeting RE: 2009 Jaycee Day Fireworks Contract Background. Each year the City of McHenry partners with the McHenry Area Jaycees to produce the annual Jaycee Day Fireworks celebration. This year the Jaycees will be donating $10,000 towards the fireworks production. The City of McHenry contributes $10,000 for this event along with services from the Parks, Public Works and Police departments. Equipment and staff from the McHenry Township Fire Protection District will assist as necessary. Request for Qualifications were solicited from area fireworks companies with a deadline of April 3,2009. Five Alarm Fireworks and Melrose Pyrotechnics met the minimum qualifications and submitted proposals prior to the deadline. A third proposal sent to Spectrum Pyrotechnic was not returned due to lack of adequate staffing to accommodate the city's event. Based on their qualifications and past performance experience the Jaycee Day Committee has recommended Melrose Pyrotechnics,Inc.for the 2009 fireworks display. The fireworks will be held on Saturday,July 4 with a rain date of Sunday,July 5. This fireworks display will be choreographed to a musical score. The Jaycees will provide funds for sound system and background music through revenue derived from the$6 per car parking fee. In addition to the program, the Jaycees are requesting permission to have a local band, Always Frantic (formerly known as Trilogy), perform from 6 to 9:15 p.m. Musical entertainment was provided on stage in 2005 and 2006. Bands have not been scheduled in the previous two years due to lack of funds. The Jaycees have secured a sponsor for the band and their associated costs. Representatives from the McHenry Area Jaycees will be in attendance to answer any questions from the City Council. Recommendation. Approve the recommendation for the Jaycee Day Fireworks Committee to enter into a 1-year contract with Melrose Pyrotechnics, Inc. for the July 4, 2009 fireworks program in the amount of$20,000. The Jaycees are also requesting the use of Petersen Park, all city services and a waiver of park rental fees. • Attachments: Melrose Pyrotechnics,Inc.-Agreement 2009 Program MELROSE PYROTECHNICS, INC. AGREEMENT This contract entered into this 13th Day of April AD 2009 by and between MELROSE PYROTECHNICS, INC. of Kingsbury, IN and City of McHenry/McHenry Jaycees(Customer)of City McHenry State Illinois . WITNESSETH: MELROSE PYROTECHNICS, INC. for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER (1) one Fireworks Display(s) as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to be given on the evening of July 4, 2009 with a rain date of July 5, 2009 Customer Initial , weather permitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date,within six(6)months of the original display date. Customer shall remit to the first party an additional 15% of the total contract price for additional expenses in presenting the display on an alternate date. The determination to cancel the show because of inclement or unsafe weather conditions shall rest within the sole discretion of MELROSE PYROTECHNICS, INC. In the event the customer does not choose to reschedule another date or cannot agree to a mutually convenient date, MELROSE PYROTECHNICS, INC. shall be entitled to 40% of the contract price for costs, damages and expenses. If the fireworks exhibition is canceled by CUSTOMER prior to the display, CUSTOMER shall be responsible for and shall pay to MELROSE PYROTECHNICS, INC. on demand, all MELROSE PYROTECHNICS, INC.'s out of pocket expenses incurred in preparation for the show including but not limited to,material purchases,preparation and design costs,deposits,licenses and employee charges. MELROSE PYROTECHNICS, INC. agrees to furnish all necessary fireworks display materials and personnel for a fireworks display in accordance with the program approved by the parties. Quantities and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon request. MELROSE PYROTECHNICS, INC. enters this agreement contingent upon its ability to secure delivery of product for the display. It is further agreed and understood that the CUSTOMER is to pay MELROSE PYROTECHNICS, INC. the sum of$20,000.00 (Twenty thousand and 00/100 dollars). A service fee of 1 1/2 % per month shall be added, if account is not paid within 30 days of the show date. MELROSE PYROTECHNICS, INC. will obtain Public Liability and Property Damage and Workers Compensation Insurance. Customer will provide the following items: (a) Sufficient area for the display,including a minimum spectator set back of 600 feet at all points from the discharge area. (b)Protection of the display area by roping-off or similar facility. (c)Adequate police protection to prevent spectators from entering display area. (d) Search of the fallout area at first light following a nighttime display. It is further agreed and mutually understood that nothing in this contract shall be constructed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay any and all collection costs, including reasonable attorneys fees and court costs incurred by MELROSE PYROTECHNICS, INC.in the collection or attempted collections of any amount due under this agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties,themselves,their heirs,executors,administrators,successors and assigns. MELROSE PYROTECHNICS,INC. CUSTOMER By '43 // By 2 o( Its duly authorized agent,who relwwwtts be/she has full authority to bind the customer. Date Signed: April 13,2009 Date Signed (PLEASE TYPE OR PRINT) Bob Kerns,Director of Operations Name P.O.Box 302 Address Kingsbury,IN 46345 (800)771-7976 Phone Email PERMIT TO PROCESS AND DISPLAY FIREWORKS McHenry County Illinois State TO WHOM IT MAY CONCERN: GREETINGS April 13 ,20 09 Application having been made in accordance with the laws of the State of Illinois This permit is issued to Melrose Pyrotechnics Inc. / McHenry Jaycees and the City of McHenry Giving them the right to exhibit display fireworks on the 4th day of July , 20 09 with a rain date of July 5, 2009 At 9:30 o'clock P.M. at Peterson Park in said County, In connection with Fourth of July Celebration. MELROSE PYROTECHNICS, INC. P.O. BOX 302 SHERIFF OR CHIEF OF THE FIRE DEPARTMENT KINGSBURY, IN 46345 Signature of officer issuing permit ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/13/2009 PRODUCER phone: 440-248-4711 Fax: 440-248-5406 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Britton-Gallagher and Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6240 SOM Center Cleveland OH 413 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Lexinofton Ins Co Melrose Pyrotechnics, Inc. INsuRERB:Granite State Insurance Co. P.O. Box 302 Kingsbury IN 46345 INsuRERc:Arch Specialty Ins Co INSURER D:LM Iris Corn INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE DATE(MM/DD/YY1 DATE(MM/DD/YYI A GENERAL LIABILITY 1619273 1/15/2009 1/15/2010 EACH OCCURRENCE $1, 000, 000 DAMAGE TO RENTE X COMMERCIAL GENERAL LIABILITY PREMISES(Eaoccurence) $5 0, 000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ PERSONAL&ADVINJURY $1, 000, 000 GENERAL AGGREGATE $2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2, 000, 000 POLICY I I JE r n LOC B AUTOMOBILE LABILITY CA93487531 1/15/2009 1/15/2010 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1, 000, 000 ALL OWNED AUTOS BODILY INJURY• $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABIUTY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLALIABILITY ULP0005662 1/15/2009 1/15/2010 EACH OCCURRENCE $4, 000, 000 X OCCUR CLAIMS MADE AGGREGATE $4, 0 0 0, 0 0 0 DEDUCTIBLE - $ X RETENTION $10, 000WC STATU- $ D WORKERS COMPENSATION AND WC734S381029 (IL) 4/4/2009 4/4/2010 X TORY LIMITSOER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1, 000, 000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1, 0 0 0, 0 0 0 _ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1, 0 0 0, 0 0 0 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS DISPLAY DATE: July 4, 2009 (Rain Date 7/5/09) LOCATION: Peterson Park - McHenry, Illinois ADDITIONAL INSURED: City of McHenry, Illinois; McHenry Jaycees CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of McHenry, Department of Parks & WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Recreation CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO McHenry Jaycees SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON 333 South Green Street THE INSURER, ITS AGENTS OR REPRESENTATIVES. McHenry IL 60050 AUTHORIZED REPRESENTATIVE 4 - , ACORD 25(2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 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"�. .. _ xs-�..a+a w3. .-. ::_. _. _._. ':,'.. .;'�'L� '� -T.GT 'd1TI.���` ��-�,%I �b?.�Y` ,�.��-=j DI'•l.�E'1�J1.1� C� �,����'_'-` -' =�� ,Its- ~':� �; . ,,.. . �� � ..:-... _ ::-.--:_-_... ...�. . -::�.� -:fa t�� n s �,s=- Z,__aeicla�zon�Il�Qri�ributiciris-will°�:��: ` '� -:.:- ': s::r,.s�..:_.. .. ,�- •::.::..::... :.,-�:_.:,_.: ... ._ .-_ -. ,-_- -- ._; :��s���,_=�z�:.�a��oes_..�; ��fi��t�g _�nazzy_.t�.th,�T-`..�r.�r�:htuhil0.°: ;- _Y. _ _ oar _ i- ,:'cbaut iblc activitie>. - -..... :-. ,•: -� . - - - _ ...�. _.. - .._ ... - . - Maui e: -.$�t3i,day;J�i��:.�;:2QUB-:�: ORDINANCE NO. MC-09- AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: SECTION 1. Section 4-6 (6) of the Municipal Code relating to liquor license classifications is hereby amended by increasing the number of Class "H" Liquor Licenses from two(2) to three (3) . SECTION 2. All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 3. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 4. This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this 20th day of April 2009. AYES: NAYS: ABSENT: NOT VOTING: ABSTAINED: Mayor ATTEST: City Clerk AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas K.Maxeiner, City Administrator FOR: April 20,2009 Regular City Council Meeting RE: Lillian Street Road Resurfacing Project ATTACHMENTS: SEC Group,Inc.Engineering Services Agreement Local Agency Agreement with IDOT Background. On December 1, 2008, City Council authorized an engineering services agreement with SEC Group, Inc. for Phase I and II engineering on the Lillian Street road resurfacing project. As Council may recall the McHenry County Council of Mayors approved this project as a Local Agency Pavement Preservation (LAPP) project with funding from the Surface Transportation Program (STP). SIP funding is for 80% of the total cost of construction and Phase III engineering with a local match of 20%. The project is currently scheduled for an Illinois Department of Transportation(DOT)June letting. Analysis. SEC Group has submitted a proposal for Phase III construction engineering for the Lillian Street Road Resurfacing Project.The scope of services includes; project startup; construction observation; administration/coordination; project close out; and material testing. The contract will be completed as a time and material basis in an amount not to exceed$22,402.90 SEC Group, Inc. estimates the total cost of construction including Phase III engineering at $262,500 which breaks down to STP funding(80%)of$210,000 and city participation(20%)of$52,500. The city's portion of the cost will be funded with Motor Fuel Tax(MFT). DOT requires the City Council to pass the attached resolution earmarking MFT funds for this project.IDOT also requires the city to enter into the attached Local Agency Agreement for Federal Participation which outlines the division of cost and the agreement provisions. Recommendation. Staff requests City Council approval of: 1) the attached "Resolution for Improvement by Municipality Under the Illinois Highway Code";- and 2) the attached"Local Agency Agreement for Federal Participation"; and 3) the Phase III engineering services agreement with SEC Group Inc. in an amount not to exceed $22,402.90. Illinois Resolution for Improvement by Municipality Under the Illinois Transportationof Highway Code BE IT RESOLVED, by the City Council of the Council or President and Board of Trustees City of McHenry Illinois City,Town or Village that the following described street(s)be improved under the Illinois Highway Code: Name of Thoroughfare Route From To Lillian Street FAU0082 Crystal Lake Road Illinois 31 BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Resurfacing of Lillian Street and Phase II and III Engineerin and shall be constructed wide and be designated as Section 08-00270-00-RS 2. That there is hereby appropriated the(additional ❑ Yes ❑ No)sum of Fifty Two Thousand Five Hundred Dollars( $52,500.00 )for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by Contract ; and Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. Approved I, Janice Jones Clerk in and for the City of McHenry City,Town or Village County of McHenry , hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the City Council Council or President and Board of Trustees Department of Transportation at a meeting on Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Regional Engineer (SEAL) City,Town,or Village Clerk Printed 4/8/2009 BLR 09111 (Rev.11/06) • Local Agency Consultant City of McHenry L Binds Department O of lansportation C . SEC Group. Inc. County C O Addrwa' McHenry A N 420 North Front Street Section L $ City 08-00070-00-RS U McHenry Protect No. A Construction Engineering L State M-9003(242) Services Agreement IL Job No. G T n Code C-91-329-09 EFor Federal Participation A 60050 Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Jon M.Schmitt/815.363.2190 C T Akram Chaudhry/815.385.1778 jschmitt©ci.mchenry.il.us Y achaudhrygpsecgroupinc.com THIS AGREEMENT is made and entered into this day of between the above Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT described herein. Federal-aid funds allotted to the to by the state of Illinois under the general supervision of the Illinois Department of Transportation(STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT the following terms are used,they shall be interpreted to mean: Regional Engineer Regional Engineer,Department of Transportation Resident Engineer LA Employee directly responsible for construction of the PROJECT Contractor Company or Companies to which the construction contract was awarded Project Description Name Lillian Street Route FAt)82 Length 3,085 Structure No. Termini Illinois Route 31 to Crystal Lake Road Description: Phase III engineering service for the roadway improvement to Lillian Street Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the engineering services for the LA,In connection with the PROJECT hereinbefore described and checked below: ® a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research(BMPR)Quality Control/Quality Assurance(QC/QA)training documents or contract requirements and obtain samples and perform testing as noted below. ® b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples and perform testing as noted below. ▪ c. For soils,to obtain samples and perform testing as noted below. d. For aggregates,to obtain samples and perform testing as noted below. NOTE: For 1a.through 1d.the ENGINEER is to obtain samples for testing according to the STATE BMPR'Project Procedures Guide,or as indicated In the specifications,or as attached herein by the LA;test according to the STATE BMPR'Manual of Test Procedures for Materials',submit STATE BMPR inspection reports;and verify compliance with contract specifications. • e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR,and submit inspection reports to the LA and the STATE in accordance with the STATE BMPR'Project Procedures Guide and the policies of the STATE. • f. For Quality Assurance services,provide personnel who have completed the appropriate STATE BMPR QC/QA trained technician classes. ® g. Inspect,document and inform the resident engineer of the adequacy of the establishment and maintenance of the - traffic control. Page 1 of 7 BLR 05611(Rev.9/06) Printed on 2/9/2009 3:01:16 PM ❑ h. Geometric control including all construction staking and construction layouts. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual. Measurement and computation of pay items. k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. ® I. Preparation and submission to the LA by the required form and number of copies,all partial and final payment estimates,change orders,records,documentation and reports required by the LA and the STATE. ❑ m. Revision of contract drawings to reflect as built conditions. 2. Engineering services shall include ail equipment,instruments,supplies,transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. 3. To furnish the services as required herein within twenty-four hours of notification by the resident engineer or authorized representative. 4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or STATE. 5. That none of the services to be furnished by the ENGINEER shall be sublet,assigned or transferred to any other party or parties without the written consent of the LA. The consent to sublet,assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 8. The ENGINEER shall submit invoices,based on the ENGINEER's progress reports,to the resident engineer,no more than once a month for partial payment on account for the ENGINEER'S work completed to date. Such invoices shall represent the value,to the LA of the partially completed work,based on the sum of the actual costs incurred,plus a percentage(equal to the percentage of the construction engineering completed)of the fixed fee for the fully completed work. 7 That the ENGINEER Is qualified technically and is entirely conversant with the design standards and policies applicable to improvement of the SECTION;and that the ENGINEER has sufficient properly trained,organized and experienced personnel to perform the services enumerated herein. 8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER's work and correction of any errors,omissions or ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should any damage to persons or property result from the ENGINEER's error,omission or negligent act,the ENGINEER shall indemnify the LA,the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from such negligence. The ENGINEER shag give immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections,in consultation with and without further compensation from the LA. 9. That the ENGINEER will comply with applicable federal statutes,state of Illinois statutes,and local laws or ordinances of the LA. 10. The undersigned certifies neither the ENGINEER nor I have: a) employed or retained for commission,percentage,brokerage,contingent fee or other considerations,any firm or person(other than a bone fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT; b) agreed,as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c) paid,or agreed to pay any firm,organization or person(other than a bona tide employee working solely for me or the above ENGINEER)any fee,contribution,donation or consideration of any kind for,or in connection with,procuring or carrying out the AGREEMENT. d) are not presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public (Federal,Stale or local)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; f) 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(e)of this certification;and g) have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal,State or local) terminated for cause or default Page 2 of 7 BLR 05811 (Rev.9f08) Printed on 2/912009 3:01:16 PM 11. To pay its suboonsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 13. To submit BLR 05613,Engineering Payment Report,to the STATE upon completion of the work called for in the AGREEMENT. II. THE LA AGREES, 1. To furnish a resident engineer to be in responsible charge of general supervision of the construction. 2. To furnish the necessary plans and specifications. 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. • 4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT,on the basis of the following compensation formulas: Cost Plus Fixed Fee ® CPFF=14.5%[DL+R(DL)+OH(DL)+IHDCJ,or ❑ CPFF=14.5%(DL+R(DL)+1.4(DL)+IHDC],or ❑ CPFF=14.5%((2.3+R)OL+IHDCJ Where: DL=Direct Labor IHDC=In House Direct Costs OH=Consultant Firm's Actual Overhead Factor R=Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum 0 5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 805 ILCS 5/5-409: ❑ With Retainage a) For the first 50%of completed work,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,monthly payments for the work performed shah be due and payable to the ENGINEER,such payments to be equal to 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50%of the work is completed,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,monthly payments covering work performed shall be due and payable to the ENGINEER,such payments to be equal to 95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment—Upon approval of the work by the LA but not later than 80 days after the work is completed and reports have been made and accepted by the LA and the STATE,a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE,a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 6. The recipient shall not discriminate on the basis on the basis of race,color,national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT- assisted contracts. The recipient's DBE program,as required by 49 CFR part 26 and as approved by DOT,is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement Upon notification to the recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under part 26 and may,In appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31U.S.C.3801 et seq.). Page 3 of 7 BLR 05611(Rev.9/06) Printed on 2/9/2009 3:01:16 PM !E!, It is Mutually Agreed,. 1. That the ENGINEER and the ENGINEER'S subcontractors will maintain all books,documents,papers,accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT,for inspection by the STATE,Federal 1-fighway Administration or any authorized representatives of the federal government and copies thereof shall be furnished if requested. 2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA,after the CONTRACTOR has completed the construction contract. 3. That all field notes,test records and reports shall be turned over to and become the property of the LA and that during the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER,at the ENGINEER's last known address,with the understanding that should the AGREEMENT be terminated by the LA,the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field notes,test records and reports completed or partially completed at the time of termination shalt become the property of,and be delivered to,the LA. 5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER,one member appointed by the LA,and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 6. That in the event the engineering and inspection services to be furnished and performed by the LA(including personnel furnished by the ENGINEER)shell,in the opinion of the STATE be incompetent or inadequate,the STATE shall have the right to supplement the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA. 7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions,except as provided in numbered paragraph 1f of Section I. 8. This certification is required by the Drug Free Workplace Act(301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including,but not limited to,suspension of contract or grant payments,termination of a contract or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years. For the purpose of this certification,'grantee'or'contractor'means a corporation,partnership or other entity with twenty-five(25)or more employees at the time of issuing the grant,or a department,division or other unit thereof,directly responsible for the specific performance under a contract or grant of$5,000 or more from the State,as defined in the Act. The contractor/grantee certifies and agrees that it wilt provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance,including cannabis,is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that,as a condition of employment on such contract or grant,the employee will: (A) abide by the terms of the statement;and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling,rehabilitation and employee assistance program;and Page 4 of 7 BLR 05611 (Rev.9/06) Printed on 2/9/2009 3:01:16 PM (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten(10)days after receiving notice under part(B)of paragraph(3)of subsection(a)above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by,any employee who is convicted,as required by section S of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 9. The ENGINEER or subconsultant shall not discriminate on the basis of race,color,national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT-assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary Prime Consultant: TIN Number Agreement Amount SEC Group,Inc. 36-3456281 $18,139.80 Sub-Consultants: TIN Number Agreement Amount S.T.A.T.E.Testing LLC 36-4312824 $4,263.09 Sub-Consultant Total: $4,263.09 Prime Consultant Total: $18,139.81 Total for all Work: $22,402.90 Executed by the LA: c f y/ Q air A141,4E-A/A) / (Municipality/Township/County) ATTEST: By: By: Clerk Title: MIS)'t (SEAL) Executed by the ENGINEER: !s'Gl�s•�°dof� ATTEST: 12 By: .�'.��f.�/C 1. 0. By: Title: Pep3err .y 1P4(4 e►A Title: Pie/A/c/PAL Page 5 of 7 BLR 05611(Rev.9/06) Printed on 2/9/2009 3:01:16 PM Exhibit A-Construction Engineering - Route: FAU Route 82 Local Agency: City of McHenry `Firm's approved rates on file with (DOTS (Municipalitynownship/County) Bureau of Accounting and Auditing: Section: 08-00070-00-RS Project M-9003(242) Overhead Rate(OH) 163.73 % Job No.: C-91-329-09 Complexity Factor(R) 0.00 Calendar Days Method of Compensation: Cost Plus Fixed Fee 1 ® 14.5%[DL+R(DL)+OH(DL)+IHDCI Cost Plus Fixed Fee 2 ❑ 14.5%[DL+R(DL)+ 1.4(DL)+IHDC] Cost Plus Fixed Fee 3 0 14.5%[(2.3+ R)DL+IHDC] Specific Rate ❑ Lump Sum ❑ Cost Estimate of Consultant's Services in Dollars Employee Man- Payroll Payroll Services by In-House Element of Work Classification Hours Rate Costs(DL) Overhead' OthersDirect Costs Profit Total (IHDC) Project Start Up Con. Eng. II 10.00 $24.90 $249.00 ~$407.69 $95.22 $751.91 Construction Ob Con. Eng. II 120.00 $24.90 $2,988.00 $4,892.25 $4263.09 $1,432.64 $13,575.98 Meetings Tech Manager 4.00 $44.69 $178.76 $292.68 $68.36 $539.80 Con. Eng. II 4.00 $24.90 $99.60 $163.08 $38.09 $300.77 Administration Admin 2.00 ,$23.11 $46.22 $75.68 $17.67 $ 139.57 Tech Manager 8.00 $44.69 $357.52 $585.37 _ ,r $136.72 ^$1,079.61 Project Close Out Con. Eng. II 80 $24.90 ' $1,992.00 $3261.50 $761.76 $6,015.26 Totals 228.00 $5.911.10 $9,678.25 $4,263.09 $2,550.46 $22.402.90 Page 6 of 7 BLR 06611 (Rev.9/08) Printed on 2/9/2009 3:01:16 PM Exhibit B Illinois Department of lansportt1011 Engineering Payment Report Prime Consultant Name SEC Group, Inc. Address 420 N. Front Street, McHenry IL 60050 Telephone 815.385.1778 TIN Number 36-3456281 Project Information Local Agency City of McHenry Section Number 08-00070-00-RS Project Number M-9003(242) Job Number C-91-329-09 This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for perjury or falsification,the undersigned certifies that work was executed by the Sub-consultant for the amount listed below. Sub-Consultant Name TIN Number Actual Payment from Prime S.T.A.T.E.Testing LLC 36-4312824 $4,263.09 • Sub-Consultant Total: $4,263.09 Prime Consultant Total: $18,139.81 Total for all Work $22,402 9p Completed: Signature and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. Page 7 of 7 BLR 05611(Rev.9f06) Printed on 2/9/2009 3:01:16 PM Payroll Escalation Table Departinent Fixed Raises of Transportation FIRM NAME S.T.A.T.E.Tsstlng LLC DATE 02J05109 FRIME./SUPPLEMENT Prime PTBNO. NA CONTRACT TERM 9 MONTHS OVERHEAD RATE 139.99% START DATE 4/1/2009 COMPLEXITY FACTOR 0 RAISE DATE 4/2/2009 %OF RAISE 3.00% ESCALATION PER YEAR 4/1/2009 - 4/2/2009 4/3/2009 • 1/2/2010 1 I J 0 9 9 9 0.00% 103,00% 1.0300 The total escalation for this project would be: 3.00% • BDE 025(Rev.2/06) PRINTED 2/5/2009,4:34 PM PAGE 1 Department of Transportation Payroll Rates HKM NAME a.I.A.I.t.Iesting LLC DATE 02/05/09 PRIME/SUPPLEMENT Prime PTB NO. NA ESCALATION FACTOR 3.00% CLASSIFICATION CURRENT RATE ESCALATED RATE Principal Engineer $70.00 $70.00 Associater Engineer $61.35 $63.19 Senior Engineer $32.01 $32.97 Professional Engineer $26.60 $27.40 Materials Coordinator $34.17 $35.20 Laboratory Manager $30.83 $31.75 Quality Assurance Manager $25.68 $26.45 Accountant $35.11 $36.16 Senior Technician $30.80 $31.72 Level Ill Technician $30.80 $31.72 Level II Technician $28.41 $29.26 Level l Technicain $26.14 $26.92 Apprentice $0.00 $0.00 Lab Technician ll $11.88 $12.24 Lab Technician I $11.00 $11.33 Adminisrative Assistant II $0.00 $0.00 Adminisrative Assistant I $12.00 $12.36 Material Tester I $32.78 $33.76 Material Tester II $33.38 $34.38 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 BDE 025(Rev.2/06) PRINTED 2/5/2009,4:34 PM PAGE 2 _ _ Glh10is Den,, Cost Estimate of of T wdn�n Consultant Services (CPFF) rrrm ,.I.H.I.t.I esung LLC Date 02/05/09 Route Lillian Section 108-00070-00-RS Overhead Rate 139.58% County McHenry Job No. Complexity Factor 0 PTB&Item Overhead In-House Outside Services %of Item Manhours Payroll & Direct Fixed Direct By Total Grand Fringe Benefits Costs Fee Costs Others Total HMA Field QA Inspection 20 647.91 904.35 618.00 315.08 2,485.35 58.30% PCC Field QA Inspection , 20 647.91. 904.35 _ 225.47 1,777.74 41.70% TOTALS 40 1.295.82 1,808.71 618.00 540.56 0.00 0.00, 4,263.09 100.00%, PRINTED 2/5/2009,4:34 PM D•n,.a, RnI n9c mow ')mRI 7MIA KM,LOW LOW=Y!Ma 1I 0)Of nSP°rttbOn Average Hourly Project Rates Milt UMW !ction 08-00070-00-RS nutty McHenry Consultant S.T.A.T.E.Tosting LLC Date 02/05/09 43 No. B!ltem NA Sheet I OF 4 Payroll Avg Total Proloct Rates HMA Field QA inspection PCC Field QA Inspection Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Classification Rates Part. Avg Part. Avg Part. Avg , • Part. Avg Part. _ Avg Part. Avg incipal Engineer 70.00 , 0 _ _ soc later Engineer 63.19 0 — , inior Engineer 32.97 0 _ _ , ofessional Engineer 27.40 0 _ Owlets Coordinator 35.20 0 — boratory Manager 31.75 0 , laity Assurance Manager 26.45 , 0 ,00unlant 36.16 0 _ _ . xtiorTechnician 31.72 0 _ _ vel III Technioian 31.72 0 _ _ r _ vel II Technician 29.26 0 _ vel I Technicain 26.92 8 20.00% 5.38 4 20.00% 5.38 4 20.00% 5.38 . 'prentice 0 b Technician II 12.24 0 b Technician I 11.33 0 Iminisrative Assistant II 0 _ , Iminisrative Assistant I 12.36 0 , ateriai Tester I _ 33.76 32 80.00% 27.01 16 80.00% 27.01 16 80.00% 27.01 atenal Tester II 34.38 0 _ , 0 _ _ 0 , 0 _ - — 0 _ 0 _ - 0 _ , , 0 0 _ 0 _ 0 _- TOTALS 40 100% $32.40 20 100% 532.40 20 100% $32.40 0 0% $0.00 0 0% $0.00 0 0% $0.00 BDE 025(Rev.2/06) Ale S.T.A.T.E. TESTING, L.L.C. 570 Rock Road, Unit K Tele: 847-836-6002 East Dundee, IL 60118 Fax: 847-836-6342 March 13,2009 SEC Group, Inc. 420 N. Front Street, Suite 100 McHenry, IL 60050 Attn: Todd J. Destree,P.E.,CPESC Technical Manager/Senior Construction Engineer S.T.A.T.E. Testing LLC will perform Quality Assurance Testing Services for the underlying contract. All testing will be performed in accordance to the current IDOT standards and any pertinent special provisions. Cost estimate information provided is based on the available plan quantities and testing at the required QA frequency listed in the standard specifications and the special provisions. Contract Name: Lillian Estimated Cost: $4,263.09 Should you have any questions or comments please do not hesitate to contact me directly at 847-836-6002. Sincerely, -,.(ser41 Derek White Vice President Direct Cost Breakdown Lillian McHsnry County Vehidss Unit Cost Quantity Units Told Cost Daly Charge $ 45.00 8 Days $ 360.00 $ 380.00 Lab Testing BITUMINOUS MATERIALS LABORATORY SERVICES COMPLETE IDOT SUPERPAVE MIX DESIOA $5,700 EACH S6 COMPLETE ISHTA SUPERPAVE MIX DES GN (WBI(My Method VMA) 58,500 EACH so COMPLETE SIB MIXOESIGA $9,500 EACH SO COMPLETE SSIA ISMTA MIX DESIGN(WBalhry M.IhodVMA) S10500 EACH Se SUPERPAVE/SMA DESIGN MIX VERIFICATION SUPERPAVENIMA DESIGN MIX VERFICATION $1,830 EACH SO (EBsllSy Method VMAXONE-POINT) $2,250 EACH SO TENSILE STRENGTH RATIO(T.S.R.)(ASTM D 4887)MARBIVILL MIX DESIGN $576 EACH SO TENSILE STRENGTH RATION(TSR) SUPERPAVE MIX DESIGN $770 EACH so SLIER SPECIFIC GRAVITY(Grob.a'd) GYRATORY SPECIMEN(AVG.OF 2) s375 EACH So SUPERPAVE AND SMA-MAXIMUM SPECIFIC GRAVITY(Gmm) $195 EACH Se EXTRACTION(REFLUX)WITH WASHED GRAD. (ASTM D 2172,C 136) 3275 EACH Se EXTRACTION(REFLUX)Will WASHED GRAD.(ASTM D 2172,C 136) $250 EACH SO EXTRACTION(CENTRIFUGE)Will WASHED GRAD. L450 EACH So W1MOISTURE CORR.(ASTM Cd68 L D-140) EACH se SUPERPAVE-MAMMA SPECIFIC GRAVITY(Ommyons WI& $600 EACH so EULK SPECIFIC GRAVITY(Gmb).Av¢d 2 EACH Se STAB UTY AND FLOW(AVG.OF 3)(ASTM 155,02728) $350 EACH Se PAVEMENT ANALYSIS-SINGLE CORE(4) 555 so WSAW CUTTING(ASTM 0 2728) EACH So PAVEMENT ANALYSIS-SINGLE CORE(61 WSAW CUTTING(ASTM 0 2720) VG EACH so SUPERPAVE PRODUCTION MIX VERIFICATION' (Mdudar Ra6wt ExtaCOat Gam,Grob) 3750 EACH So (Indic/es.Ignleon Exasdlart Gown Gmb) 3,650 EACH $0 NUCLEAR CORRELATION UP TO 4 GAUGES $600 EACH so -ADDITIONAL GAUGES(EACH) 650 EACH SO -LINEAR REGRESSION OF CORES(16 CORES425 EACH) $850 EACH $0 INVESTIGATIVE CORING-(INCLUDES ON SITE CUTTING,DELIVERY TO LAB.UP TO HOURS) S900 EACH SO RENTAL OF GYRATORY COMPACTOR PER DAY $500 EACH SO CORE ANALYSIS,6'.EACH CORE(DENSITY 6 REFLUX) $450 EACH So ALL BUSTED MIX DESIGNS K Prig EACH • AGGREGATEASORATORY ASICES DRY GRADATION(ASTM C 136) $89 EACH s0 WASHED GRADATION(ASTM C 136) S129 2 EACH BB SPECIFIC GRAVITY AND ABSORPTION(ASTM C 127,C 126) $210 EACH SO MOISTURE CONTENT S69 EACH SO MINERAL FILLER GRADATION(ASTM D 545) st1D EACH SO PGETESTING (WashedGradatan) $249 EACH SO PGE TESTING(Dry Graham) $109 EACH Se AGGREGATE LABORATORY SPI)VICESICO011 LOS ANGELES ABRASION(ASTM C 131) $760 EACH 30 FIVE CYCLE SOUNDNESS EACH SO $450 EACH $0 UNCOMPACTED VOID CONTENT(Ins eggnogs,argulsdty)(ASTM C 1262) $119 EACH So FLAT AND ELONGATED PARTICLES(ASTM 04791) $129 EACH Se SAND EQUIVALENT(ASTM 02410) 3119 EACH Se FRACTURED PARTICLES Worse eggre0011 angdarlty)(ASTM D5321) S119 EACH 50 AGGREGATE ABSORPTION(AVG.OF 3) . (ASTM C588) $119 EACH SO UNIT WEIGHT(ASTM C 20) $80 EACH SO DELETERIOUS COUNT S119 EACH 30 PORTLAND CONCRETE LP&ORATORY SERVICES COMPRESSIVE STRENGTH OF CYLINDERS 519.00 EACH SO OATH CURE TIME UP TO 23 DAYSS.TAT.E TeeWrg mode EACH So COMPRESSIVE STRENGTH OF CYLINDERS 125 EACH SO WITH CURE TIME LP TO 28 OAYS41@r S.TAT.E.Testing made EACH so FLEXURAL STRENGTH OF BEAMS WITH $50 EACH • SO IL.MODIFIED SINGLE POINT LOADING EACH 30 FLEXURAL STRENGTH OF BEAMS WITH 360 EACH se ASTM THREE POINT LOADING EACH So SULFUR CAPPING $55 EACH se NON-DESTRUCTIVE TEStSY791IDT HAMMER (ASTM C4t84)Up to 3ID:aeonrs $500 EACH Se HON S7 RENGTHIYAGH PERFORMANCE CYUNDERSAMTH HIGH STRENGTH PADS 555 EACH s0 A.S.R TESTING 14•DAY(ASTM C 1260; 1950 EACH se CYLINDER PICKUP $195 EACH Se SOILS LABORATORY SERVICES• STANDARD PROCTOR(AASHTO T99,ASTM D895) $226 EACH 3e MODIFIED PROCTOR(MSNTO T180,ASTM 01567) $260 EACH 70 PLASTICITY INDEX(AASHTO T90,ASTM D4318) 3125 EACH 30 HYDROMETER TEST(AASTOT-88; S125 EACH 50 ORGANIC CONTENT(MSHTO Ta67,ASTM 0- 2974) 3145 EACH 50 PH OF SOILS(AASHTO T-219) $85 EACH SO LQUID IL PLASTIC UMn SO9 EACH SO TOTAL LABORATORY CHARGES $268 Premium Overtime Reg Rate Premium Est OT Hours Overtime Senior Technician 327.08 $ 1353 0 S - Level III S28.52 $ 13.26 0 $ - Level II 525.8E $ 12.93 0 S - LevetI $23.63 $ 11.82 0 5 Material Tesler 2 $33.34 $ 18.87 0 $ - Material teeter 1 $31.45 $ 15.73 0 $ Night Differential . Level III $30730 $ 3.08 0 $ - Level Il $28.44 1 2.84 0 $ Level II 524.04 $ 2.40 0 S - Materiel Tester 2 533.34 $ 3.33 $ Malarial tester 1 $33.43 $ 3.34 $ Per union CenauxlrwrsbsMesn5pmane 8 - eam resins 10%Stet demean Premium Overtime due to Prevailing Wage Senior Technidan - $ - $ - Level NI $ - $ Level! $ - $ - Level O $ - $ - Malertil Tester 2 $8.85 $ 8.85 5 - MaleAel teeter 1 $8.85 5 8.85 $ - S . Other Cell Phone $70 EACH s0 Postage s0 An Cox SO Total Dina Cool F�SI:TCr:rl Exhibit D Construction Engineering Scope of Work The following is a description of the related construction engineering activities as reference in paragraph 1,The Engineer Agrees,in the BLR05611 to which this exhibit is attached. The construction contract for the Lillian Street Resurfacing project specifies twenty(20)working days. The man-hours required for construction observation were based upon the assumption that full time monitoring of the project will be required and that the contractor will complete the project by the contract specified deadline. Any additional work due to an extended schedule dictated by the contractor's performance or unanticipated work due to site conditions shall warrant a contract addendum. The following is a breakdown of the various tasks associated with the construction observation which will be completed by SEC Group,Inc.: A. Project Startup SEC Group, Inc. (SEC) will complete a preconstruction video of the proposed construction area to document the existing condition prior to the start of construction. SEC will also utilize this time to prepared IDOT contract documentation and incorporate IDOT's ICORS construction management software project specific information into SEC's computer system. SEC will also contact and or meet with the school district,and emergency services to ensure that all entities are aware of the project. SEC anticipates that one (1) Construction Engineers will expend a total of ten(10)hours to complete the project startup. B. Construction Observation SEC will provide full-time Construction Observation Services on a time and material,not-to-exceed contract amount basis. SEC will be on-site to observe and verify that items being constructed and materials being utilized are in general conformance with the approved plans and specifications and the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction. SEC will complete Inspector's Daily Reports (IDR) and a daily diary, measure and document contract quantities, complete payment estimates, change orders, and weekly reports. Weekly reports will be submitted to the contractor, IDOT and the City of McHenry. SEC will verify that all materials incorporated into this project are IDOT approved materials and in accordance with the Special Provisions of this contract. SEC shall keep IDOT, and the City of McHenry Exhibit!) Lillian Street Road Resurfacing Scope of Work Section 08-00070-00-RS Job Number: C-91-329-09 Project Number: M-9003(242) Page 2 of 3 informed as to the progress of construction and shall endeavor to guard IDOT and the City of McHenry against deficiencies in work. SEC will review the condition of the traffic control twice daily per IDOT Standard Specifications. A Traffic Control Condition Report will be completed after each traffic control review to ensure that the contractor is in compliance with all required traffic control procedures. SEC will also perform bi-weekly nighttime • traffic surveillance observations for the duration of the project when traffic control is required. Traffic control reviews will be completed for the construction zone and the entire detour route. SEC will provide erosion and sedimentation control observation services on a weekly basis and after a rainfall of'A" or more or 6" or more of snow. SEC will document each observation and will direct the contractor to repair and/or replace deficient erosion and sediment control measures. SEC anticipates that one (1) Construction Engineer will be on-site for four (4) weeks for approximately forty (30) hours. SEC has allotted one hundred twenty (120) hours for construction observation for this project. Any additional work due to an extended schedule or by the contractor's performance, unforeseen conditions, or changes requested by the County shall warrant a Contract Addendum. C. Meetings SEC will attend the preconstruction meeting at IDOT with the City of McHenry, the contractor, subcontractors, emergency services, and any affected utility companies. SEC has allotted eight (8) hours for the Construction Engineer and the Technical Manager to attend the preconstruction. D. Administration/Coordination This task will involve the management oversight of the project which will include the on-going review of the project execution, documentation, schedule and budget, contract file management, and general correspondence between SEC, the City of McHenry, IDOT, the contractor, and subcontractors. SEC has allotted three(2) hours per week for the management and oversight of the project by the Technical Manager and one half (1/2) hour per week for an Administrative Assistant to complete correspondence and general documentation preparation. Exhibit D Lillian Street Road Resurfacing Scope of Work Section 08-00070-00-RS Job Number: C•91-329-09 Project Number: M-9003(242) Page 3 of 3 SEC has allotted ten (10) hours for project administration/coordination for this project. E. Project Close Out SEC anticipates approximately two (2) weeks to complete the project closeout documentation for this project. SEC has allotted eighty (80) hours to complete the project close out. SEC will add all field notes and construction information accumulated during the construction of the project to the electronic construction files to create a construction notes sheet. F. Material Testing S.T.A.T.E. Testing LLC. will be providing material testing services for this project Quality Assurance testing for asphalt and concrete shall be completed in accordance with IDOT QC/QA requirements. Geotechnical services shall be provided on an as needed basis. Disclaimer SEC shall not supervise, direct or have any control over the contractor's work. SEC shall not have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the contractor. Also, SEC is not responsible for the contractor's safety precautions or programs in connection with this work. These rights and responsibilities are solely those of the contractor. SEC shall not be responsible for any acts or omissions of the contractor, subcontractor or any entity performing any portion or the work,or any agents or employees of any of them. SEC does not guarantee the performance of the contractor and shall not be responsible for the contractor's failure to perform its work in accordance with the contract drawings and documents. April 7,2009 Mr.Christopher Holt,P.E. Local Roads and Streets Illinois Department of Transportation 201 West Center Court Schaumburg,Illinois 60196-1096 Attn: Ms,Temi Latinwo RE: City of McHenry Section No. 08-00070-00-RS Project No.M-9003 (242) Job C-91-329-09 Lillian Street McHenry County Dear Mr.Holt: This is in response to your letter of March 25,2009,requesting our consultant selection process. Please be advised that we have selected SEC Group,Inc.(SEC)based on the following criteria: • The Consultant's available resources to successfully undertake the proposed work; • The qualifications of the Consultant's personnel assigned to this project; • The Consultant's willingness to complete the project within the specified timeframe; • The Consultant is pre-qualified by IDOT to perform this type of work;and • Our knowledge of the Consultant's past performance on other City projects as well as transportation projects completed for other agencies. Based on these criteria, we have selected SEC. If you have any questions, please do not hesitate to contact me at 815-363-2190. Very truly yours, CITY OF MCHENRY Jon M. Schmitt Director of Public Works Route: FAU 082/Lillian Street Limits: Crystal Lake Road to Illinois Route 31 County: McHenry Section: 08-00070-00-RS Project M9003(242) Job No.: C-91-329-09 Range of Hourly Rates by Classification CLASSIFICATION FROM TO Technical Manager $40.33 $54.23 Construction Engineer III $25.32 $39.00 Construction Engineer II $20.81 $27.50 Administrative $14.28 $34.86 ANNUAL SALARY ADJUSTMENTS(RAISES)ARE GIVEN ON MARCH 1st EACH YEAR AND ARE GENERALLY BETWEEN 3 TO 7 PERCENT. Created January 2009 PROJECT SCHEDULE City of McHenry Route: Lillian Street Limits: Crystal Lake Road to Illinois Route 31 County: McHenry Section: 08-00070-00-RS Project No.: M-9003(242) Job No.: C-91-329-09 State Letting June 12,2009 Preconstruction Meeting August 2009 Completion Date November 30,2009 Close out May 2010 • L Illinois Deparbnent Local Agency State Contract Day Labor Local Contract RR Force Account .6 Of bnsportatloon City of McHenry X Local Agency Agreement Section Fund Type ITEP Number for Federal Participation 08-00070-00-RS STU - Construction Engineering Right-of-Way Job Number Project Number Job Number Project Number Job Number Project Number C-91-329-09 M-9003(242) This Agreement is made and entered into between the above local agency hereinafter referred to as the"LA"and the state of Illinois,acting by and through its Department of Transportation,hereinafter referred to as"STATE". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as"FHWA". Location Local Name Lillian Street Route FAU 0082 Length 0.575 Miles Termini Crystal Lake Road to IL Route 31 Current Jurisdiction LA Existing Structure No N/A Project Description Resurfacing of Lillian Street. This work will include but not be limited to hot-mix asphalt surface removal,hot-mix asphalt surface course, leveling binder,combination curb and gutter removal and replacment,portiand cement concrete sidewalk replacement,restoration and all incidental and collateral work necessary to complete the project. Division of Cost Type of Work FHWA % STATE % LA % Total Participating Construction 192,000 ( • ) ( ) 48,000 ( BAL ) 240,000 Non-Participating Construction ( ) ( ) ( ) Preliminary Engineering ( ) ( ) ( ) Construction Engineering 18,000 ( ) ( ) 4,500 ( BAL ) 22,500 Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) TOTAL $ 210,000 $ $ 52,500 $ 262,500 *Maximum FHWA(STU)Participation 80%Not to Exceed$210,000.00. NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment If funding is not a percentage of the total,place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15%of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement,the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated,if required,to cover the LA's total cost. Method of Financing(State Contract METHOD A—Lump Sum(80%of LA Obligation) METHOD B— Monthly Payments of METHOD C--LA's Share Balance divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 3/31/2009 Page 1 of 4 BLR 05310(Rev.03/26/08) THE LA AGREES: Agreement Provisions ' (1) To acquire in its name,or in the name of the state if on the state highway system,all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,and established state policies and procedures. Prior to advertising for bids,the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments,if any,will be cooperatively determined by representatives of the LA,and STATE and the FHWA,if required. (2) To provide for all utility adjustments,and to regulate the use of the right-of-way of this improvement by utilities,public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum(addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction,an addendum is required. (5) To maintain or cause to be maintained,In a manner satisfactory to the STATE and FHWA,the completed improvement,or that portion of the completed improvement within its jurisdiction as established by addendum referred to in Item 4 above. (8) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S.Department of Transportation. (7) To maintain,for a minimum of 3 years after the completion of the contract,adequate books,records and supporting documents to verify the amounts,recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books,records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department;and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department;and to provide full access to all relevant materials.Failure to maintain the books,records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books,records and supporting documentation are not available to support their purported disbursement. (8) To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed Improvement. (9) To comply with Federal requirements or possibly lose(partial or total)Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A- Lump Sum Payment Upon award of the contract for this improvement,the LA will pay to the STATE,in lump sum, an amount equal to 80%of the LA's estimated obligation incurred under this Agreement,and will pay to the STATE the remainder of the LA's obligation(including any nonparticipating costs)in a lump sum,upon completion of the project based upon final costs. Method B- Monthly Payments. Upon award of the contract for this improvement,the LA will pay to the STATE,a specified amount each month for an estimated period of months,or until 80%of the LA's estimated obligation under the provisions of the Agreement has been paid,and will pay to the STATE the remainder of the LA's obligation(including any nonparticipating costs)in a lump sum,upon completion of the project based upon final costs. Method C- Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement,the LA will pay to the STATE,an amount equal to the LA's share of the construction cost divided by the estimated total cost,multiplied by the actual payment(appropriately adjusted for nonparticipating costs)made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding,equipment,labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for,or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed,the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed,the LA will repay the STATE any Federal Funds received under the terms of this Agreement. (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer,Room 204,Illinois Department of Transportation,2300 South Dirksen Parkway,Springfield, Illinois,62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission(ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOTs District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. Printed on 3/31/2009 Page 2 of 4 BLR 05310(Rev.03/26/08) (15) And certifies to the best of its knowledge and belief its officials: (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 Agreement 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 receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State,local)with commission of any of the offenses enumerated in Item(b)of this certification;and (d) have not within a three-year period preceding the Agreement had one or more public transactions(Federal,State,local) terminated for cause or default. (16) To include the certifications,listed in item 15 above and all other certifications required by State statutes,in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding$100,000 in federal funds,execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any cooperative agreement,and the extension,continuation,renewal,amendment or modification of any Federal contract, grant,loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress,in connection with this Federal contract,grant,loan or cooperative agreement,the undersigned shall complete and submit Standard Form-ILL,"Disclosure Form to Report Lobbying",in accordance with Its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts,subgrants and contracts under grants,loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement In accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment,certified time sheets,vendor invoices,vendor receipts,and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE If this portion of the project described in the Project Description does not exceed$1,000,000(five years if the project costs exceed$1,000,000). (24) Upon completion of this phase of the improvement,the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs,less previous payments,no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement,the most recent invoice may be considered the final invoice and the obligation of the funds closed. (25) (Single Audit Requirements) That if the LA receives$500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget(OMB)Circular No.A-133. LA's that receive less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after the completion of the audit,but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. THE STATE AGREES: (1) To provide such guidance,assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE(and FHWA,if required)and to award a contract for construction of the proposed improvement,after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering,right-of-way,utility work and/or construction work: Printed on 3/31/2009 Page 3 of 4 BLR 05310(Rev.03/26/08) (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings,provided said billings contain sufficient cost information and show evidence of payment by the LA; • (b) To provide independent assurance sampling,to furnish off-site material inspection and testing at sources normally visited by STATE Inspectors of steel,cement,aggregate,structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement (2) This Agreement shall be binding upon the parties,their successors and assigns. (3) For contracts awarded by the LA,the LA shall not discriminate on the basis of race,color,national origin or sex in the award and performance of any USDOT—assisted contract or in the administration of Its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT—assisted contracts. The LA's DBE program,as required by 49 CFR part 26 and as approved by USDOT,is incorporated by reference in this Agreement Upon notification to the recipient of its failure to carry out Its approved program,the department may impose sanctions as provided for under part 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C.1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.). In the absence of a USDOT—approved LA DBE Program or on State awarded contracts,this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the STATE is reimbursing the LA,obligations of the STATE shall cease immediately without penalty or further payment being required if,in any fiscal year,the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et seq.)unless the provisions of that Act exempt its application. ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 Location Mao (Insert addendum numbers and titles as applicable) The LA further agrees,as a condition of payment,that It accepts and will comply with the applicable provisions set forth in this Agreement and all addenda indicated above. APPROVED APPROVED Sue Low State of Illinois Name Department of Transportation Title Mayor County Board Chairperson/MayorNillage President/etc. Milton R.Sees,Secretary of Transportation Signature Date Date Christine M.Reed,Director of Highways/Chief Engineer TIN Number NOTE: If signature is by an APPOINTED official,a resolution authorizing Ellen J.Schanzle-Haskins,Chief Counsel said appointed official to execute this agreement is required. Ann L.Schneider,Director of Finance and Administration Printed on 3/31/2009 Page 4 of 4 BLR 05310(Rev.03/26/08) ADDENDUM #1 LOCATION MAP LILLIAN STREET FROM II, RTE 31 TO CRYSTAL LAKE ROAD "' aJ -:•'... ,,..--• '..--- ••••-•-•--'.-- •::.:- ,..,:,--Av., 1-,. . ..--- 1 ..-...,,,,.... J 1,-: . if p f �' ryh i..,..;.JylY, lm`.�.3 .. Jiro, - j .. t 1 r + �` � {'+., , • . .,.. 'ryes-•' ' 1� � >x f •^�'Af � �i' A t,,,,.aa t•. .ter ." f CtS .,..,,tiC ' _ w z• ..., .r,' .. " .407... Ffltllhf� -3 ••' : /j r 'one )r c � � r r i -.-, -.,------t•:::..-..--!'!" ti r r Wes. f 4 5 1. .1 It / - + i,., ,} \ , - f . � i ter 1 '' a� �.r E T '_.r "F. i • ' r• `ivy *t fit"' t•r�L. '�,. �81','' � " rtc r Al r f� 1 8 , - zti. • / } • :'-\ \:<...:.j....:: ....2 ...,,,,::',4011,,,,17, ': --:... • tr►iiiitny - r. a . .. " i kltfm AYIy i� z 18 !.nd , 'fti 41 g t t 4 r. `� r a" ,Le' ii,f i I. ?1 �t =a High rJi [ �f N:\Jobs\Smith12008\080585 MCHE LAPP Lillian&Green\Administration\bid-does\Lillian-LocationMap.doc AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: April 20, 2009 Regular City Council Meeting RE: Option and Structure Lease Agreement with US Cellular for Use of Sioux Lane Elevated Storage Tank for Wireless Telecommunication Equipment ATTACHMENT: Tower and Ground Space Lease Agreement STAFF RECOMMENDATION: To authorize the Mayor and City Clerk to execute the attached Tower and Ground Space Lease Agreement with United States Cellular Operating Company of Chicago for the lease of a portion of the Sioux Lane elevated storage tank and adjoining property at 4225 Sioux Lane Background. T-Mobile and AT&T have leases with the City for the use of the Sioux Lane elevated storage tank to house wireless telecommunications antennas and equipment. U.S. Cellular is proposing a similar lease to allow them to put antennae equipment on the elevated storage tank to avoid having to construct a new monopole elsewhere to serve their customers. Request. U.S. Cellular proposes to place three antennas mounted on top of the 165' high Sioux Lane elevated storage tank. In addition, they are proposing to lease approximately 1,400 square feet around the tower base to place ground-mounted equipment for the operation of their system. The attached option and structure lease agreement with U.S. Cellular was reviewed by the city attorney and contains the following provisions: • One-year option period whereby the tenant would complete all due diligence work and obtain all approvals and permits. Payment for this option period to the City is $1,500; • Initial lease term of five years with four additional five-year terms; • Monthly rental payment of$2,000 ($24,000 annually). • At the beginning of year two and each year following the monthly rent increases by 3% over the rent of the previous year. • Agreement requires a $50,000 security bond to ensure removal of the equipment upon lease termination. Locating this type of telecommunications equipment on existing facilities; such as the Sioux Lane elevated storage tank, has been encouraged by the city in lieu of the construction of towers elsewhere. Staff supports the proposed request and recommends approval. Name: McHenry DT Site Number: 8831427 TOWER AND GROUND SPACE LEASE This Option Tower and Ground Space Lease (the "Lease") is made by and between City of McHenry, an Illinois municipal corporation, whose address is 333 S. Green Street, McHenry, Illinois 60050, hereinafter referred to as "Landlord", and United States Cellular Operating Company of Chicago, LLC, a Delaware limited liability company, Attn.: Real Estate, 8410 West Bryn Mawr Avenue, Suite 700, Chicago, Illinois 60631, hereinafter referred to as "Tenant". WHEREAS, Landlord owns a communications tower (the "Tower") located on a parcel of land (the "Site"), at a Latitude of 42-20-16.6 and Longitude 88-16-42.3 (NAD 83), with an address of 4225 Sioux Street in the City of McHenry, in Lake County, State of Illinois, as such Site is legally described on Exhibit A attached hereto and made a part hereof WHEREAS, Tenant desires to occupy, and Landlord is willing to provide, attachment locations upon the Tower and Ground Space (as hereinafter defined) at the Site for Tenant's cellular common carrier mobile radio base station operations, including related telecommunications functions. NOW, THEREFORE, in consideration of the mutual promises, conditions, and other good and valuable consideration of the parties hereto, it is covenanted and agreed as follows: 1. Option to Lease. (a) Landlord hereby grants to Tenant an option (the "Option") to lease from Landlord the following described premises (the "Premises") together with unrestricted access for Tenant's uses from the nearest public right-of-way along the Site: (i)Attachment locations upon the Tower at a height of for the placement and affixing of three (3) cellular antennas, at the heights and orientations shown on Exhibit B attached hereto (the "Communications Facility"); (ii) A parcel of ground space adjacent to the base of the Tower, as shown on Exhibit B attached hereto (the"Ground Space"), for the placement of a radio station equipment shelter measuring approximately twelve (12') feet by twelve (12') feet ("Tenant's Building") upon a poured concrete foundation. (b) During the Initial Option Term and any extension thereof, and during the Term (as hereinafter defined) of this Lease, Tenant and its agents, engineers, surveyors and other representatives will have the right to enter upon the Site to inspect, examine, conduct soil borings, drainage testing, material sampling, and other geological or engineering tests or studies of the Site (collectively the "Tests"), to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate at Tenant's sole discretion for its use of the Premises and include without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively referred to as "Governmental Approvals"), and otherwise to do those things on or off the Site that, in the opinion of Tenant, are necessary in Tenant's sole discretion to determine the physical condition of the Site, the environmental history of the Site, Landlord's title to the Site, and the feasibility or Page 1 of 15 version 01/08a .,ite Name: Site Number: 5. Option to Renew. The Initial Term of this Lease shall automatically extend for up to four (4) additional terms of five (5) years each (the "Renewal Term(s)"), upon a continuation of all the same provisions hereof unless Tenant gives Landlord written notice of Tenant's intention to terminate the Lease at least sixty (60) days before the expiration of the Initial or any Renewal Term. 6. Option to Terminate. This Lease may be terminated by Tenant, upon giving written notice to Landlord, if (a) Tenant cannot obtain or is unable to renew any permit, license, or other approval required for Tenant's use of the Premises, whether by cancellation, expiration lapse, withdrawal or termination; (b) Landlord does not have a legally sufficient ownership interest in the Premises, or authority to enter into this Lease; (c) Tenant determines that the Landlord's Property contains hazardous substances.. The Indemnification obligations of each party contained in Section 18 and Tenant's requirement to remove improvements as provided in Section 30 shall survive termination of the Lease. 7. Base Rent. Commencing on the date that Tenant commences construction (the "Commencement Date"), Tenant shall pay Base Rent to Landlord in the amount of Two Thousand dollars ($2,000.00) per month, the first payment of which shall be due within thirty (30) days of the Commencement Date, and installments thereafter on the first day of each calendar month, provided that Landlord shall submit to Tenant a complete and accurate IRS form W9 prior to Tenant's first payment of rent. Landlord shall specify the name, address, and taxpayer identification number of a sole payee (or maximum two joint payees) who shall receive Base Rent on behalf of the Landlord Base Rent will be prorated for any partial month. Any change to the payee must be requested in accordance with the Notice provision herein, and a new IRS form W9 must be supplied prior to payment by Tenant to the new payee. 8. Adjusted Base Rent. On each anniversary of the Commencement Date throughout the duration of the Lease as renewed and extended, the Base Rent shall be increased by three(3%)percent over the previous year's Rent. 9. Tenant's Personal Property. Landlord acknowledges and agrees that all of Tenant's Equipment and other personal property of Tenant kept or stored on the Premises by Tenant constitute personal property, not real property, and shall continue to be the personal and exclusive property of Tenant, and neither Landlord nor any person claiming by, through or under Landlord shall have any right, title or interest (including without limitation, a security interest) in Tenant's Equipment. Tenant, and Tenant's successors in interest, shall have the right to remove Tenant's Equipment at any time during the Term of this Lease or its earlier termination. With respect to the holder of any mortgage, deed of trust or other lien affecting Landlord's interest in the Premises, whether existing as of the date hereof or arising hereafter, Landlord and Tenant hereby agree, acknowledge and declare that Tenant's Equipment is now and shall at all times hereafter remain the personal and exclusive property of Tenant. The parties further acknowledge and agree that Landlord shall have no right or authority to grant a lien upon or security interest in any of Tenant's Equipment. 10. Premises Maintenance. Within a reasonable time and after completion of the installation of the Communications Facility and/or Tenant's Building, or any part thereof; upon the Premises, Landlord shall perform an inspection of the Premises and notify Tenant in writing Page 3 of 15 version 1/08a .site Name: Site Number: 13. FCC and FAA Tower Registration. Landlord warrants to Tenant that the Tower has been registered by the tower owner with the FCC and/or the FAA, if required by the FCC and/or the FAA. Additionally, Landlord warrants to Tenant that in the event the FCC or the FAA requires the Tower to be registered during the Term of this Lease or any extensions thereof, Landlord shall ensure that the tower owner shall take all necessary actions to register the Tower. Landlord shall provide Tenant with a copy of the FCC and FAA tower registration. 14. Utilities. Tenant shall be responsible for the separate metering, billing, and payment of the utility services consumed by its operations. Landlord will fully cooperate with any utility company requesting an easement over, under and across the Site in order for the utility company to provide service to the Tenant. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord. 15. Taxes. Tenant shall pay prior to delinquency any personal property taxes levied against Tenant's Building and Tenant's Equipment. Landlord shall pay prior to delinquency any real estate taxes and assessments attributable to the land underlying the Site, and any personal property taxes levied against the Tower, and any other of Landlord's equipment or property. 16. Access. Tenant shall have unrestricted access to the Premises at all hours of the day and night, subject to such reasonable rules and regulations as Landlord may impose. 17. Compliance with Laws. , Tenant shall maintain the Premises and all structural elements on the Premises in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws"). Tenant shall, in respect to the condition of the Premises and at Tenant's sole cost and expense, comply with (a) all Laws relating solely to Tenant's specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by Tenants on the Premises. 18. Tenant shall, at Tenant's cost and expense, comply with all federal, state, county or local laws, rules, regulations and ordinances now or hereafter enacted by any governmental authority or administrative agency having jurisdiction over the Premises and Tenant's operations thereupon. 19. Mutual Indemnification. (a) To the extent permitted by law, Tenant agrees to defend, indemnify and save harmless Landlord from and against all claims, losses, costs, expenses, or damages from a third party, arising from (i) the negligence, willful misconduct or strict liability of Tenant, or its agents, employees, or contractors; or (ii) any material breach by Tenant of any provision of this Lease. This indemnity and hold harmless agreement will include indemnity against all reasonable costs, expenses, and liabilities incurred in or in connection with any such claim, and the defense thereof. Notwithstanding the foregoing, Tenant will have no liability to Landlord to Page 5 of 15 version I/08a Site Name: Site Number: 30 days prior written notice by certified mail, return receipt requested, has been given the Landlord. (h) Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. (i) Tenant shall furnish the Landlord with certificates of insurance naming the Landlord as an additional insured, The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Blanket additional insured endorsements may be utilized if they provide a scope of coverage at least as broad as the coverage required under this provision. (j) Landlord shall maintain general liability insurance insuring against liability for bodily injury, death or damage to personal property with combined single limits of One Million and No/100 Dollars ($1,000,000). In addition, to the extent required by law, Landlord shall maintain worker's compensation in statutory amounts and employer's liability insurance with combined single limits of One Million and No/100 Dollars ($1,000,000). Landlord shall provide Tenant with evidence of such insurance in the form of a certificate of insurance prior to Tenant obtaining occupancy and throughout the term of this Lease. 21. Interference. Landlord shall not use, nor shall Landlord permit its tenants to use, any portion of the Tower or the Site in any way which interferes with the operations of Tenant. Such interference shall be deemed a material breach by Landlord, and Landlord shall have the responsibility to promptly cause any such interference to be eliminated. If said interference cannot be eliminated within twenty-four (24) hours after receipt of notice that such interference is occurring, Landlord shall discontinue or cause to be discontinued the operation of any equipment causing the interference until the same can be corrected. In the event any such interference does not cease promptly after Landlord's receipt of notice of said interference, Tenant shall have the right, in addition to any other right that it may have at law or in equity, to enjoin such interference or to terminate this Lease. 22. Default. Tenant shall be in default of this Lease if Tenant fails to make a payment of rent when due and such failure continues for fifteen (15) days after Landlord notifies Tenant in writing of such failure. If Landlord or Tenant fails to comply with any provision of this Lease, the other party shall serve written notice of such failure upon the defaulting party, whereupon a grace period of thirty (30) days shall commence to run during which the defaulting party shall undertake and diligently pursue a cure of such failure at its sole cost and expense. Such grace period shall automatically be extended for an additional thirty (30) days, provided the defaulting party makes a good faith showing that efforts toward a cure are continuing. This Section shall not apply in the case of interference, which instead shall require immediate and effective curative action in accordance with Section 19 hereof 23. Attorneys' Fees and Expenses. In the event of any litigation arising under this Lease, the non-prevailing party shall, upon demand, reimburse the prevailing party for all costs and expenses arising therefrom, including reasonable attorneys' fees. Page 7 of 15 version 1/08a Site Name: Site Number: 30. Notices. Any notice, request or demand required or permitted to be given pursuant to this Agreement shall be in writing and shall be deemed sufficiently given if delivered by messenger at the address of the intended recipient, sent prepaid by Federal Express (or a comparable guaranteed overnight deliver service), or deposited in the United States first class mail (registered or certified, postage prepaid, with return receipt requested), addressed to the intended recipient at the address set forth below or at such other address as the intended recipient may have specified by written notice to the sender in accordance with the requirements of this paragraph. Any such notice, request, or demand so given shall be deemed given on the day it is delivered by messenger at the specified address, on the day after deposit with Federal Express (or a comparable overnight delivery service), or on the day that is five (5) days after deposit in the United States mail, as the case may be. TENANT: United States Cellular Operating Company of Chicago, LLC Attention: Real Estate Department 8410 West Bryn Mawr Avenue Suite 700 Chicago, Illinois 60631 LANDLORD: City of McHenry 333 S. Green Street McHenry, Illinois 60050 31. Surrender. Tenant agrees to remove its Equipment and all other personal property in their entirety from the Premises upon the expiration or termination of this Lease. Tenant also agrees that the Premises shall be restored, reasonable wear and tear excepted, and except for loss by casualty or other cause beyond Tenant's control, within sixty ( 60) days of the expiration or termination of this Lease. The parties agree that time is of the essence. The Equipment shall remain the personal property of Tenant, and shall not be deemed to be permanently attached or affixed to the Premises. The Equipment shall be the sole responsibility of Tenant. However, after such 45 day interval, Landlord shall have the right without any obligation to do so to remove such Equipment in the event Tenant fails to do so. Landlord shall not be liable for any damage caused to the Equipment in connection with its removal or subsequent storage of same so long as Landlord's actions are taken in good faith. 32. Surety Bond. Prior to the commencement of construction of any improvements on the Premises, Tenant shall provide Landlord with a Fifty Thousand ($50,000.00) security bond to secure Tenant's performance of Tenant's obligations to remove Equipment as required in Section 29. 33. Tenant's Self-Help. If Landlord at any time fails to perform any of its obligations under this Lease, Tenant shall have the right, but not the obligation, upon giving the Landlord at least five (5) days' prior written notice of its election to do so (except in the event of an emergency, when no prior notice shall be required) to perform such obligations on behalf of and for the account of Landlord, and to take all necessary action to perform such obligations. Tenant's costs and expenses incurred in performing such obligations of Landlord shall promptly be reimbursed by Landlord with interest at the highest rate allowed by applicable law. Page 9 of 15 version I/08a Site Name: Site Number: 44. Non-binding until Full Execution. Both parties agree that this Lease is not binding on both parties until both parties execute the Lease. [END OF LEASE - SIGNATURE PAGE FOLLOWS] Page 11 of 15 version 1/08a Site Name: McHenry DT Site Number: 8831427 STATE OF ) ) COUNTY OF ) I, the undersigned, a notary public in and for the State and County aforesaid, do hereby certify that (name), the (title), known to me to be the same person whose name is subscribed to the foregoing Option Tower and Ground Space Lease, appeared before me this day in person and acknowledged that (he) (she) signed the said Lease as (his) (her) free and voluntary act for the uses and purposes therein stated. Given under my hand and seal this day of , 20 . Notary Public My commission expires STATE OF ILLINOIS ) ) COUNTY OF COOK ) I, the undersigned, a notary public in and for the State and County aforesaid, do hereby certify that Steven T. Campbell, Vice President and Treasurer, known to me to be the same person whose name is subscribed to the foregoing Option Tower and Ground Space Lease, appeared before me this day in person and acknowledged that, pursuant to his authority, he signed the said Lease as his free and voluntary act on behalf of the named Tenant corporation, for the uses and purposes therein stated. Given under my hand and seal this day of 20 Notary Public My commission expires Page 13 of 15 version 01/08a Site Name: McHenry DT Site Number: 8831427 EXHIBIT B Page 15 of 15 version O1/08a AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: April 20,2009 Regular City Council Meeting RE: US Cellular Variance Requests ATTACHMENTS: 1. Planning and Zoning Commission minutes dated 2/5/09 2. Planning and Zoning Commission staff report and location map 3. Application Packet STAFF RECOMMENDATION: To approve variances for multiple principal buildings on a single zoning lot and to reduce the rear yard setback from 25 feet to 12 feet with the following conditions: 1. The building be heavily landscaped with mid-high growing evergreen trees and bushes; 2. The building be architecturally similar to the existing building and overall character of the neighborhood; 3. The additional fencing is similar in height, style and appearance as the existing fence. Background. Part of U.S. Cellular's request to place antennae on the Sioux Lane elevated storage tank will require the placement of equipment near the base of the structure. U.S. Cellular is requesting authorization to construct a 215 square foot building (11' x 19.5') to house this equipment within a fenced-in area attached to the existing fence on site. There will be a concrete walkway installed to provide access for service technicians as well as the addition of a paved driveway. Immediately next to the equipment shelter will be a diesel generator. Within the fenced-in area surrounding the water tower will be some more equipment and the wires will be run-up one leg of the water tower to the top. Variances are needed to provide for multiple principal buildings on a single zoning lot and to reduce the rear yard setback. It should be noted that U.S. Cellular will be the last carrier allowed on the Sioux Lane water tower due to the overall structural capacity of the tower being maximized. Staff Analysis. Currently, there is an existing building on-site. The equipment shelter will be located 12 feet from the property line requiring the applicant to obtain a rear yard setback variance from 25 feet and the equipment shelter itself would be an additional building on the lot requiring a variance to allow multiple principal buildings on a single zoning lot. The new shelter will be similar in appearance to the existing one and, in staff's opinion, will not alter the character of the neighborhood. In addition, the building will be heavily landscaped so as not to create an eyesore to the surrounding neighbors and is setback quite a distance from the street towards the railroad tracks. The fences will connect and match in style and height to provide a seamless appearance between the existing and new fence. Due to the small additional amount of impervious surface stormwater detention is not required. City of McHenry Planning and Zoning Commission Meeting February 5, 2009 Chairman Howell called the February 5, 2009 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In Attendance were the following: Buhrman, Ekstrom, Howell, Nadeau, Schepler, Thacker. Absent: Cadotte. Also in attendance were: Attorney Cahill, Planner Kolner, Deputy Clerk Kunzer. Approval of Minutes Motion by Ekstrom, seconded by Nadeau, to approve the minutes of the Planning and Zoning Commission as presented: January 22, 2009 regularly scheduled meeting. Voting Aye: Buhrman, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte. Motion carried 6-0. Planner Kolner announced this evening all Commissioners were provided with copies of the recently updated Comprehensive Plan and Development Policies, the Crystal Lake Sub-Area Plan and the Main Street-Sub Area Plan. The Commission will soon be receiving the Core Downtown Sub-Area Plan upon Council approval. Public Hearing: U.S. Cellular File No. Z-736 4225 Sioux Lane Variances Chairman Howell called the Public Hearing to order at 7:31 p.m. regarding File No. Z-736, an application for the following zoning relief for the property located at 4225 Sioux Lane as submitted by Applicant U. S. Cellular: • variance to allow multiple principal buildings on a single zoning lot; • variance to allow a reduction in the rear yard setback from 25 feet to 12 feet. In attendance representing the applicant was Brian Maguire of U.S. Cellular, One Pierce Place, Suite 800, Itasca, Illinois 60143, who was sworn in by Chairman Howell. Notice of the Public Hearing was published in the Northwest Herald on January 14, 2009. Notices were mailed to all abutting property owners of record via certified mailing. The subject property was posted as required by ordinance. The Certificate of Publication, certified mailing receipts, and affidavit of posting are all on file in the City Clerk's Office. Mr. Maguire stated U.S. Cellular is seeking zoning relief to permit the construction and operation of an 11' x 20' radio equipment shelter on the subject premises. The applicant would install a diesel generator for backup should it be necessary during an extended power outage (in Planning and Zoning Commission February 5,2009 Page 2 excess of 8 hours). The applicant intends to extend the existing fencing to the east property line. The fence would secure the compound. The applicant also intends to improve the access drive from Sioux Lane to the gate. A concrete path will be constructed between the gate and the shelter. Mr. Maguire noted the visual impact upon neighbors of the shelter will be minimized due to existing vegetation. Mr. Maguire noted T-Mobile already has an antenna installed on the premises. A T & T will be going there as well. In conclusion, Mr. Maguire stated U.S. Cellular will be able to provide better service to its customers and the City will gain revenue from the terms of the lease agreement for the site. Planner Kolner provided the commissioners with the Staff Report regarding the request. She noted the applicant will be entering into a lease agreement with the City for use of the water tower. The City will gain revenue from the terms of the lease. The applicant intends to connect the existing fence to the east property line in order to provide security and contiguity of fence line for the site. Planner Kolner stated the property is zoned RM-2 High Density Multi-Family District. The variance for reduced rear yard setback is relative to the RM-2 District. The second variance required is to allow a second principal building on the site. The proposed building would not encroach on the utility easement for the property. Staff has reviewed the request and supports the variances as requested. Chairman Howell invited questions and comments from the Commission. It was noted that the narrative provided by the applicant referred to the City as the "Village" of McHenry and request was made to correct the language. Objections were raised as to the proposed diesel generator. Commissioners cited noise concerns, possible contamination/spills, fumes, etc. It was the consensus of the Commission that the applicant explore a natural gas generator instead of the proposed diesel generator. Questions were also raised regarding who would be inspecting/overseeing the installation of the building and generator. Ms. Kolner responded the Construction and Neighborhood Services Department would oversee the construction issues. Additionally, the Public Works Department and Engineering Consultant might also be involved in the review and inspection process. In any case, the applicant would be required to comply with the City's noise ordinance and all points covered in the permit plan review and issuance. Questions were also raised regarding the proposed heavy landscaping being required around the perimeter of the building. Planner Kolner stated the request for additional landscaping came from Administration after review of the project. Concern was expressed by commissioners that perhaps the screening provided by the proposed bushes might attract vandals to the site. It was noted the heavy landscaping might cause security issues. Lengthy discussion occurred regarding the pros and cons of heavy landscaping around the building. Responding to an inquiry regarding the proximity of the nearest residence to the site, Planner Kolner stated the multi-family building to the south would be the closest residence. It is located about 100-200' south of the subject premises. Planning and Zoning Commission February 5,2009 Page 3 In response to commissioner inquiry, Mr. Maguire stated the generator would be located outside of the building. The building would contain only radio equipment. Mr. Maguire further explained that the generator might not even be installed immediately. When the application for variances was prepared, it included all potential equipment which might be installed on the site. The building plans and specifications are 90% complete at this time. It is possible the company may elect not to place a generator on the site. Responding to an inquiry, Mr. Maguire stated the building would be air conditioned. Question was also raised as to the tower's structure being strong enough to support the additional antennas. Mr. Maguire responded the tower had been tested. A study was completed last year and it was reported the tower could support the additional antennas. Commissioners asked if U.S. Cellular would provide both wireless communication and internet service. Mr. Maguire responded in the affirmative. Brief discussion followed regarding the possibility that the City could offer WiFi service in the future. Mr. Maguire noted WiFi service is driven by customer demand. In response to Chairman Howell's inquiry, there was no one in the audience who wished to address the Commission regarding this matter. Motion by Nadeau, seconded by Ekstrom, to recommend to the City Council, with regard to File No. Z-736, a request for zoning relief as proposed by U.S. Cellular for the property located at 4225 Sioux Lane, as follows be granted: • variance to allow multiple principal buildings on a single zoning lot; • variance to allow a reduction in the rear yard setback from 25 feet to 12 feet; And that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Ekstrom, Howell,Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Absent: Cadotte. Abstaining: None. Motion carried 6-0. Chairman Howell closed the Public Hearing at 7:56 p.m. Other Business Planner Kolner announced the Commission will be meeting on February 19, 2009. The applicant is David Kotiw who is proposing a two-building 24-unit multi-family project on the site along Bull Valley Road. This matter was last presented to the Commission in 2003 by Mr. Kotiw. A proposal from another developer of this property was presented in 2001. Planner Kolner stated she would be providing the commissioners with copies of the minutes of previous meetings regarding this property. Planning and Zoning Commission February 5,2009 Page 4 Planner Kolner stated other future agenda items include: 1) conditional use permit for outside storage for an auto repair and service business on Elm Street; 2) monopole wireless telecommunications device to be located at the Public Works Facility at 1415 North Industrial Drive; 3) development of the Mill Street Apartments. Brief discussion occurred regarding the status of the Main Street apartment building which recently had a structure fire. Adjournment Motion by Ekstrom, seconded by Nadeau, to adjourn the meeting at 8:18 p.m. Voting Aye: Buhrman, Ekstrom, Howell, Nadeau; Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Cadotte. Motion carried 6-0. The meeting was adjourned at 8:18 p.m. Respectfully submitted, Kathleen M. Kunzer, Deputy Clerk City of McHenry Community Development s.epartment Report File # Z-736 February 5, 2009 Applicant US Cellular One Pierce Place— 800 Itasca, IL 60143 Requested Action • Variance to allow multiple principal buildings on a single zoning lot; • Variance to reduce the rear yard setback from 25 feet to 12 feet. Site Information Size and Location of Property The subject property is approximately.50 acres and is located at 4225 Sioux Lane, McHenry IL. Comprehensive Plan Designation Medium-Density Residential Existing Zoning and Land Use RM-2 Adjacent Zoning and Land Use North: RS-4 South: RM-1 East: RM-2 West: RS-4 • Description of Request The City is in the process of negotiating a lease agreement with US Cellular to attach three (3) antennas for wireless service to the top of the Sioux Lane Water tower. Currently, T-Mobile has antennas on the tower and AT &T was recently approved to erect antennas on the tower; however, because AT&T is not constructing an actual building but only an equipment pad zoning approval was not required. It should be noted that US Cellular will be the last carrier allowed on the Sioux Lane water tower due to the overall structural capacity of the tower being maximized. As part of their proposal, U.S. Cellular will construct an equipment shelter that is approximately 220 square feet to be located within a fenced-in area attached to the existing fence on-site. There will be a concrete walkway installed to provide access for service technicians as well as the addition of a paved driveway. Immediately next to the equipment shelter will be a diesel generator. Within the fenced-in area surrounding the water tower will be some more equipment and the wires will be run-up one leg of the water tower to the top. The applicant is required to obtain a variance to allow multiple principal buildings on a zoning lot and a variance for the rear yard setback for the proposed building. File#Z-736 Page 1 of 3 Community Development Impartment Report File# Z-736 February 5, 2009 Staff Analysis Currently, there is an existing building on-site. The equipment shelter will be located 12 feet from the property line requiring the applicant to obtain a rear yard setback variance from 25 feet and the equipment shelter itself would be an additional building on the lot requiring a variance to allow multiple principal buildings on a single zoning lot. The new shelter will be similar in appearance to the existing one and, in staff's opinion, will not alter the character of the neighborhood. In addition, the building will be heavily landscaped so as not to create an eyesore to the surrounding neighbors and is setback quite a distance from the street towards the railroad tracks. The fences will connect and match in style and height to provide a seamless appearance between the existing and new fence. Due to the small additional amount of impervious surface stormwater detention is not required. Staff Recommendation Prior to Public Hearing Approval of a Conditional Use permit to allow multiple principal buildings on a single zoning lot, in accordance with the attached site plan, at 4225 Sioux Lane, with the following conditions: 1. The building be heavily landscaped with mid-high growing evergreen trees and bushes which do not require a lot of maintenance; 2. The building be architecturally similar to the existing building and overall character of the neighborhood; 3. The additional fencing be similar in height, style and appearance as the existing fence. Staff finds that the requirements of Table 31 of the Zoning Ordinance have been met. Approval of a Variance to reduce the rear year setback from 25 feet to 12 feet. Staff finds that the requirements of Table 32 of the Zoning Ordinance have been met. Attachments • Location Map • Narrative • Application Packet • Site Plan File#Z-736 Page 2 of 3 Community Development i.epartment Report File # Z-736 February 5, 2009 LOCATION MAPS „. ) � = Subject Site u ger y0� d i' v %J / T` - / O)' 'A7// �' v VAS s-/-1 /// ' / /i �_- �...._ - �S / ' ,' r/\ 1t1 n Y. bp T7. � o / a wj? , y. 1 p 1�.N4'bk. � .10,,a . .AO - yr ` %. l 1 J t4 u / ,. z' ffa • .002 q pS • .90 a �,' \ . � "' Subject Site w • /..,, x�� 4 \., , . .- . . .. .,.... ...,, .. :: --. Se• 'el' 01, a YrP ' 1 6 , , ., , •,•: . „..„....„,, \ . ,".... • „f . 3ff 3 �+B Rn L1M,.. J : 1dle Allii3 II O Pointer 1E 59"N 1E8'1E'40.01' 3treamlfi"I11119111 100% ,EYe.i9150 50711: File#Z-736 Page 3 of 3 STATEMENT IN SUPPORT OF APPLICATION U.S. Cellular("Applicant") is a federally-licensed wireless provider of wireless communication services that respectfully request the Village of McHenry grant their petition for a Conditional Use Permit to allow to wireless communications facility(WCF) to be located on a property commonly known as 4225 Sioux Street,McHenry, IL as further described in the submitted attachments (site plan, survey,photo simulation, application documents). This request is made under the Village of McHenry Code of Ordinances. PROJECT DESCRIPTION & FINDINGS The Applicant proposes to construct a wireless communications facility located in the rear of the subject parcel commonly known as 4225 Sioux Street. The WCF is described in detail below and is further described in the attached plans, survey and photo simulations. The subject parcel is utilized as water tank station by the Village. The Applicant proposes to place three wireless antennas on top of the Tank and ground related equipment at the base. The ground related equipment will include an 11' x 20' prefabricated equipment shelter and a diesel generator. The Applicant's lease area will be enclosed with a chain-link fence identical to the current fencing on the compound. The Applicant's compound will be an extension of the Village's current compound (fencing). US Cellular has a stamped structural analysis indicating the water tank will support the Applicant's equipment. The Village has an outside a third party review the proposed water tank plans and it's the Applicant's understanding that the plans are tentatively approved. The equipment shelter is a pre-fabricated concrete shelter with a neutral (brown) finish so as to blend in with the surrounding area. The Applicant has been sensitive the selection and design of the Proposed Facility. By utilizing an existing structure, commonly referred to as a "collocation", there is no need for a new tower. In addition the placing of the ground equipment in the rear of the parcel provides shielding from all directions. To the west is a Village building used for water tank equipment, to the north is a large open area and the Applicant has been informed that Verizon Wireless has plans to place ground equipment in this area which would - create visual buffer for the Applicant's equipment. To the East is fence with natural landscape barriers — a walking path and a railroad track. To the South is an open area with some landscaping that creates a natural barrier. The granting of the Conditional Use will not affect the normal and orderly development of the surrounding area. To the contrary, reliable utility networks such as electric, gas, water, and wireless networks are essential to the development and well-being of every community. The design and construction of the WCF does not create any substantial adverse effect, including value and injury(public safety) to the surrounding properties. The WCF will comply with all applicable structural engineering requirements and, if approved, will be reviewed by the Village's building department. The WCF will be unstaffed and typically require two to three routine visits a month by a service technician. Hence, the WCF will not have a material impact on parking or traffic. The Applicant proposes to improve the existing driveway by installing a curb-cut and paved apron (driveway) off of Sioux. The Applicant has been told by AT&T, who also has plans to install at this location, that the costs would be shared with them. The Applicant also proposes to install a concrete sidewalk from the apron (driveway) to the Applicant's compound. The WCF will be designed and constructed to meet all applicable governmental and industry safety guidelines. The Applicant will comply with FCC and FAA rules concerning construction requirements, safety standards, interference protection, power and height limitations, and radio frequency standards. The WCF will NOT interfere with any other radio devices such as TV's, radios or other cellular phones. Furthermore the Facility will not interfere with any household products such as microwave ovens. The Applicant is licensed and regulated by the federal Communications Commission ("FCC"), which imposes strict health, safety, and interference standards. The proposed WCF will comply with all rules and guidelines that regulation such installations including FCC guidelines with regards to human exposure to RF emissions. The FCC is the governing body that has jurisdiction over this area (RF emissions). It is therefore the belief of the Applicant that the Conditional Use will be operated so that the public health, safety and welfare will be protected. The Proposed Facility is designed to fill a coverage gap in the Applicant's network. These networks operate on a"grid" system, whereby overlapping"cells"(geographic wireless coverage areas) mesh to form a continuous wireless network. In order to provide wireless coverage within the geographic confines of each cell, a wireless facility ("cell site")must be located somewhere near the center of that cell. If the wireless facility is not located within or near the center or the height of the antennas is inadequate, then coverage gaps exist. In addition, if the facility is not of adequate height, it can also result in a coverage gap. Coverage gaps result in a weaker wireless signal which to the end user equates to a dropped call or inability to make or receive a call. Over half of all "911"calls are placed on wireless networks. Wireless providers, such as U.S. Cellular,offer "E-911" service which is particularly helpful in locating users who are unable to articulate their exact location. Accordingly, reliable wireless infrastructure provides wireless service that is an essential part of the community's everyday life including emergency and non-emergency communication needs. Given the public's increasing dependency on wireless technology, wireless networks and the cell sites that make up these networks are now more than ever critical to the safety and well being of the overall population. Wireless technology provides vital communications that is commonly used by local residents,businesses, and emergency personnel for a wide variety of communication needs thereby promoting the general public's health, safety,morals,comfort and overall general welfare. The Applicant firmly believes the granting of the Conditional Use will be in the best interest of the Applicant and the community, thereby deemed necessary for the public convenience. The Applicant stands to gain improved wireless service that it can offer to its customers. The community stands to gain a more reliable wireless network for which all communities depend on for a safety, convenience, and general well-being standpoints. Imagine, for a moment, if you were unable to make a call on a cell phone in an emergency situation. There are many examples of cell phones saving people's lives. The Applicant hereby incorporates by reference all of the facts and materials contained in this Statement and its attachments into this application. Without limiting the generality or efficacy of the preceding the Applicant hereby specifically state that the Petition for a Conditional Use Permit satisfies any and all applicable criteria under the Village of McHenry Zoning Ordinance. FORM A File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street a McHenry,IL 60050 c Tel: (815)363-2170°Fax:(815)363-2173 1. Name of Applicant US Cellular Tel 312-907-8802 Address One Pierce Place—800,Itasca, IL 60143 Fax 847-729-8240 2. Name of Property Owner: City of McHnery Tel (815) 363-2170 (If other than Applicant) Address 333 South Green Street c McHenry,IL 60050 Fax(815)363-2173 3. Name of Engineer:W-T Communication Design Group,LLC Tel (224)293-6423 (If represented) Address 2675 Pratum Avenue,Hoffman Estates, Illinois 60192 Fax :(224)293-6444 4. Name of Attorney Tel (If represented) Address Fax 5. Common Address or Location of Property: 4225 Sioux Street 6. Requested Action(s) (check all that apply) Zoning Map Amendment(Rezoning) _Zoning Variance-Minor X Conditional Use Permit _Zoning Text Amendment _Zoning Variance Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit,the specific Zoning Variance needed, or the new zoning classification that is requested: US Cellular is seeking a conditional use variance and any other zoning relief necessary to install a wireless antennas,lines and a ground equipment shelter and generator on the City Water Tank and land at 4225 Sioux Lane,per the attached plans. The Applicant hereby incorporates by reference all of the facts and materials contained in this Statement and its attachments into this application. Without limiting the generality or efficacy of the preceding the Applicant hereby specifically state that the Petition for a Conditional Use Permit satisfies any and all applicable criteria under the City of Mchenry Zoning Ordinance. FORM A Page 1 of 3 7. Current Use of Property: City Water Tank Facility 8. Current Zoning Classification of Property,Including Variances or Conditional Uses RM-2 9. Current Zoning Classification and Land Use of Adjoining Properties North: RS-4 South: RM-1 East: RM-2 West: RS-4 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. _1. Application Fee(amount)$ X 2. Narrative Description of Request X 3. FORM A—Public Hearing Application 4. FORM B—Zoning Map Amendment(Rezoning)Application X 5. FORM C—Conditional Use Application 6. FORM D—Zoning Variance Application 7. FORM E—Use Variance Application X 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit X 9. Plat of Survey with Legal Description X 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign(Provided by the City, to be posted by the Applicant) X 13. Site Plan X 14. Landscape Plan X 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORMA Page2of3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s)to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicant(s) „voz Brian Maguire,Agent for US Cellular • FORMA Page 3 of 3 FORM C File Number CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street McHenry,IL 60050 c Tel: (815)363-2170 c Fax: (815)363-2173 • Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. Once the installation is operation it is typically only visited one or two times a month by a standard size service vehicle(SUV)and therefore will have practically no impact on traffic. 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. The installation will create very little noise. The only noise will be a result of the AC units which would be comparable to a standard residential cooling unit. There will be no other impacts to the surrounding area that could be deemed negative. 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. The installation will not deter from the characteristic of the surrounding area including but not limited to property values and quality of life. To the contrary wireless installations on water tanks are very common and reliable wireless service actually improves the quality of life(E911,public safety, etc.,). 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities,in such a way as to place undue burdens upon existing development in the area. The proposed installation will require little if anv support from the City departments. This is because the installation is unmanned and monitored by a 24 hour service center. FORM C Page 1 of 2 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. The proposed installation is needed to improve the wireless service in the immediate area of the City. Reliable wireless networks are essential to every community's utility infrastructure. People are now more than ever dependant on reliable wireless service for not only convenience but also public safety. There are countless examples of cell phones assisting emergency personnel with rescues etc.,. Over half of all 911 calls are placed on wireless networks. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. The Applicant hereby incorporates by reference all of the facts and materials contained in this Statement and its attachments into this application. Without limiting the generality or efficacy of the preceding the Applicant hereby specifically state that the Petition for a Conditional Use Permit satisfies any and all applicable criteria under the City of McHenry Zoning Ordinance. FORM C Page 2 of 2 . , i:.. . • ; . ,-. . •40111?`- ' ' ' v :: , _ .. . . ... , .... „:, .,..„ . •47.1. i i t 1,, ''.' ... 6 • •. ,. . , •• - - : • , , - ';.'. - -••• -,4 ,..., . u .. _ .. 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