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HomeMy WebLinkAboutPacket - 01/30/2006 - City Council City of McHenry 333 South Green Street r www.ci.mchenry.il.us McHenry,Illinois 60050-5495 AGENDA REGULAR CITY COUNCIL MEETING Mayor's Office Monday,January 30, 2006, 7:30 P.M. (815) 363-2108 1. Call to Order Fax (815) 363-2119 2 Roll Call Clerk's Office 3. Pledge of Allegiance (815)363-2100 4. Public Input Session — 10 Minute Limitation Fax(815)363-2128 5. Consent Agenda: Administration -2108 A. Farm Lease Agreements between City of McHenry and 1) Scott Chambers, Petersen Farm (815)363 Fax(815)3-2108 9 Property; 2)Tom King,former Cunat property; and 3) James P. Finch,former Levy property B. Final pay request from Custom Landscaping Design and Construction in the amount of Public Works $60,450.46 for Petersen Historic Farm Access Road project Community C. Final pay request from Home Towne Electric, Inc. in the amount of $15,476.38 for Development Ridgeview Drive/Bull Valley Road Traffic Signal and Street Lighting project (815)363-2170 D. Award of Bid to John S. Swift Co., Inc.in the amount of $24,898 for printing three seasonal Fax(815)363-2173 brochures for Parks and Recreation Department and four seasonal City of McHenry newsletters Parks and Recreation E. Award of Bid to Municipal Well & Pump Company for the estimated amount of $43,928, (815)363-2160 including a 3.5% contingency allowance, for rehabilitation of Well No. 2 and Well No. 3 Fax(815)363-3186 F. Police Department purchase of Non-Lethal Tasers from Ray 0-Herron Company for $6,959.70 Police Non-Emergency (815)363-2200 6. Request for Sign Variance, Green Street Mall, 1219 N. Green Street Fax(815)363-2149 7. Conditional Use Permit for drive-thru facility and variance to front yard setback, Northgate West Center Mayor Susan E.Low 8, Release of Underground Storage Tank Escrow for Riviera Marina City Clerk 9, Award of bid to Cooling Landscape Contracting LLC in the amount of $21,690 for McHenry Janice C.Jones Shores Beach stream bank stabilization Treasurer 10. Recommendation: 1) budget amendment to the Capital Improvements Fund (Park Donations David M.welter Funding)in the amount of $485,000 for the development of Shamrock Farms Park;and 2)award Aldermen bid for development of Shamrock Farms Park to DK Contractors in the amount of $482,065.31 WARD 1 11. Recommendation: 1)budget amendment to the Utility Improvements Fund(Capital Development Victor A. Sand Funding) in the amount of $16,000 for engineering services for Water Plant#5; and 2) approval of an Engineering Services Agreement with Smith Engineering Consultants, Inc. for treatment WARD 2 cost comparison study and analysis for Water Supply Well No. 13 in an amount not to exceed Andrew A.Glab $1 5,720. WARD 3 12. Recommendation: 1) budget amendment to the Capital Improvements Fund (General Revenue Jeffrey A. Schaefer Funding) in the amount of $12,000 for engineering services for Miller Road project from Route 31 east to Green Street; and 2) Engineering Services Agreement with Smith Engineering WARD Consultants, Inc. for $10,390 to prepare, submit and follow through on funding requests for Steven C.Murgatroyd CMAQ and HSIP funds for Miller Road project WARD 5 13. Mayor — Statement and Reports Richard W.Wimmer 14. Committee Reports WARD 6 Robert J.Peterson 15. Staff Reports 16. Future Agenda Items WARD 7 Geri A.Condon 17. Executive Session: Potential Litigation 18. Adjournment Posted and Mailed: January 25, 2006 CONSENT AGENDA The Consent Agenda for the January 30, 2006 City Council meeting consists of the following items: A. Farm Lease Agreements between City of McHenry and 1) Scott Chambers, Petersen Farm Property; 2) Tom King,former Cunat property;and 3) James P. Finch,former Levy property B. Final pay request from Custom Landscaping Design and Construction in the amount of $60,450.46 for Petersen Historic Farm Access Road project C. Final pay request from Home Towne Electric,Inc.in the amount of$15,476.38 for Ridgeview Drive/Bull Valley Road Traffic Signal and Street Lighting project D. Award of Bid to John S. Swift Co.,Inc.in the amount of$24,898 for printing three seasonal brochures for Parks and Recreation Department and four seasonal City of McHenry newsletters E. Award of Bid to Municipal Well & Pump Company for the estimated amount of $43,928, including a 3.5% contingency allowance, for rehabilitation of Well No. 2 and Well No. 3 Attachments CONSENT AGENDA TO: Mayor and City Council FROM: Douglas P. Martin,Assistant City Administrator FOR: January 30, 2006 Regular City Council Meeting RE: Lease Agreements between the City of McHenry and Scott Chambers, the City of McHenry and Tom King and the City of McHenry and Jim Finch. RECOMMENDATION: To authorize the Mayor's execution of the attached agreement between the City of McHenry and Scott Chambers for the lease of the Petersen Farm for a one-year term beginning March 1,2006 and expiring on February 28,2007 with an annual payment of $5,727.36. To authorize the Mayor's execution of the attached agreement between the City of McHenry and Tom King for the lease of the former Cunat property for a one-year term beginning March 1, 2006 and expiring on February 28,2007 with an annual payment of$2,522.90. To authorize the Mayor's execution of the attached agreement between the City of McHenry and Jim Finch for the lease of the Levy Property for a one-year term beginning March 1, 2006 and expiring on February 28,2007 with an annual payment of$2,084.88. The attached farm lease agreements, for a portion of the Petersen Farm property, former Cunat property, and the Levy property were recently updated by the City attorney. The only variables between the three lease agreements are the legal descriptions,names,total acreage and lease payment amounts. Scott Chambers currently farms the Petersen Farm land north of McCullom Lake Road and is interested in leasing the property for an additional year. Attached to this supplement is a one-year lease which begins on March 1, 2006 and expires on February 28, 2007. Due to the improvements that the City has made to the property in the past year and because 24 acres of the property is owned by the Illinois Department of Transportation, the lease acreage has been reduced to 64 tillable acres, from 81 acres last year. This determination is based on conversations with Mr. Chambers, as well as the Parks and Recreation Department. The annual lease payment is$5,727.36. The City purchased the Cunat property in 2002 in order to obtain the easements required for the McCullom Lake sewer extension. Mr. King has been farming the property for several years and is interested in continuing to farm the land. Attached to this supplement is a proposed one-year lease beginning March 1, 2006 and expiring on February 28, 2007 with an annual payment of$2,522.90. In addition,the City leases the former Levy property, off of Curran Road,to Jim Finch. With no plans in the near future for the use of the property, Staff is recommending that a one-year lease be extended to Jim Finch,with an annual payment of$2,084.88. Previously, the lease payments have been adjusted on an annual basis using the Consumer Price Index of All Urban Consumers(CPI-U) for Chicago-Ga -Kr} enosha, published by the U.S. Department of Labor; however, due to last year's drought conditions, staff is not recommending an increase in rent for this term. CHAMBERS LEASE AGREEMENT This Lease Agreement, made and entered into this day of , 2006; by and between the City of McHenry, 333 S. Green Street, McHenry, Illinois ("Lessor"), and Scott Chambers, 7401 E. Wooded Shore Drive, McHenry, Illinois ("Lessee"), RECITALS WHERAS, Lessor is the legal owner of the land, being a portion of the Petersen Farm in McHenry, Illinois, for farming purposes only containing approximately 64 acres as described in the attached site plan, Exhibit A (the"Premises"). WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor,the Premises. Now Therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: I. Term. This Lease Agreement shall commence on the 1 sc day of March 2006 and end on the 28 h day of February 2007. Lessee covenants with Lessor, that at the expiration of the term of this Lease Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted. II. Rent. Lessee agrees to pay Lessor rent in the amount of $5,727.36, payable on November 1, 2006. In the event any payment of Rent is received by Lessor more than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an amount equal to of five percent (5%) of the Rent due each day thereafter that such payment is delinquent. III. Use of the Premises. Lessee may use the Premises for farming purposes only. IV. Obligations of Lessee. It is further expressly understood and agreed between the parties hereto, as follows: 1. Lessee shall not to burn anything on said Premises. 2. Lessee shall use the premises solely for agricultural purposes. Animals and livestock will not be permitted on said premises. 3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. 4. Lessee shall keep said Premises, including the hedges and fences, in proper and necessary repair. If Lessee fails to do so, Lessor may enter upon the Premises and make all proper and necessary repairs, and the cost thereof shall be additional rent, due and owing from Lessee to Lessor immediately. 5. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the right to take possession of said Premises, using such force as may be necessary, with or without process of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement shall be added to and become a part of the rent, recoverable as rent. 6. Lessor reserves the right for itself, its employees, and its officers assigns or respective buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or improvements thereon. 7. Lessor reserves the right to terminate this lease without notice to Lessee relative to all or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo, Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If the Lessor and Lessee e unable to reach an agreement as to the compensation due Lessee, each party will secure a resentative who will be designated to resolve any disputes. The decision of the representatives will be final and binding on both parties. Failure of the representatives to agree shall qualify either parry to file suit to resolve the issues. 8. Lessee agrees to follow present soil conservation practices as required for by the Soil Conservation Service for McHenry County to control soil loss. 9. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use any hazardous materials, the cost of clean up will be paid by the Lessee. Lessor may initially pay, at its discretion for any clean up, however, Lessee shall reimburse Lessor for any costs incurred in the clean up process. Any damage stemming from use of hazardous materials shall be construed as a material breach of this lease and shall be added to and become part of the rent,recoverable as rent. V. Entire Agreement. This Lease Agreement contains the entire understanding between the parties and supercedes any prior understandings or agreements between them respecting the 2 subject matter. No representations, arrangements, or understandings except those fully expressed herein, are or shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to the terms of this lease shall be made or be binding unless made in writing and signed by each of the parties. VI. Attorneys Fees. The prevailing party in any action or proceeding to enforce the terms of this Lease Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailing party. VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses (including court costs, attorney's fee's, and costs of investigation) resulting from a breach by Lessee of any provision contained in this Lease Agreement, resulting in any way from Lessee's occupancy of the Premises, or arising from any personal injury occurring on the Premises during the term of this Lease Agreement. The provisions, undertakings and indemnifications set out in this Section 7 shall survive the termination of this Lease Agreement. VIII. Notices. All notices, requests and other writings required under this Lease Agreement(including any notices of renewal, or termination rights) must be in writing and shall be deemed validly given upon the earlier of(i) actual receipt or(ii)the second business day after the date posted if sent by certified mail, return receipt requested, addressed to the other party as follows: If to Lessor: Attn: Douglas P. Martin The City of McHenry 333 South Green Street McHenry, IL 60050 If to Lessee: Scott Chambers 7401 E. Wooded Shore Drive Wonder Lake, IL 60097 IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year first above written. Lessor Lessee THE CITY OF MCHENRY By By: Susan E. Low, Mayor Scott Chambers 3 i s f �SIDOT iw . r ib 71 ev -, r .ETICDNS „ f 7 - AR 'i t air A�- McCuRp.m.Lake *d: ... G 'Y d �6 Total Farmablo Acreage- 64 1 rc KING LEASE AGREEMENT This Lease Agreement, made and entered into this day of 92006, by and between the City of McHenry, 333 S. Green Street, McHenry, Illinois ("Lessor"), and Tom King, 3907 Ringwood Road, McHenry, Illinois ("Lessee"), RECITALS WHERAS, Lessor is the legal owner of the following described real estate: Approximately 20 acres located south of McCullom Lake Road (PIN 09-27-228-002) on southern edge of Petersen Park, on the northerly border of Mill Creek Subdivision, located in the County of McHenry, State of Illinois, and more fully described in the attached site plan, Exhibit A (the "Premises"), excluding the 80-foot easement area depicted on the site plan along the western boundary of the property and including the existing barn for hay and farm equipment storage purposes. WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor,the Premises. Now therefore, in exchange for the mutual covenants and conditions expressed herein,the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Term. This Lease Agreement shall commence on the l st day of March 2006 and end on the 281' day of February 2007. Lessee covenants with Lessor, that at the expiration of the term of this Lease Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted. II. Rent. Lessee agrees to pay Lessor rent in the amount of $2,522.90, payable on November 1, 2006. In the event any payment of Rent is received by Lessor more than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an amount equal to of five percent (5%) of the Rent due each day thereafter that such payment is delinquent. III. Use of the Premises. Lessee may use the Premises for farming purposes only. IV. Obligations of Lessee. It is further expressly understood and agreed between the parties hereto, as follows: 1. Lessee shall not to burn anything on said Premises. 2. Lessee shall use the premises solely for agricultural purposes. Animals and livestock will not be permitted on said premises. 3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. 4. Lessee shall keep said Premises, including the hedges and fences, in proper and necessary repair. If Lessee fails to do so, Lessor may enter upon the Premises and make all proper and necessary repairs, and the cost thereof shall be additional rent, due and owing from Lessee to Lessor immediately. 5. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the right to take possession of said Premises, using such force as may be necessary, with or without process of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement shall be added to and become a part of the rent, recoverable as rent. 6. Lessor reserves the right for itself, its employees, and its officers assigns or respective buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or improvements thereon. 7. Lessor reserves the right to terminate this lease without notice to Lessee relative to all or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo, Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each parry will secure a representative who will be designated to resolve any disputes. The decision of the representatives will be final and binding on both parties. Failure of the representatives to agree shall qualify either party to file suit to resolve the issues. 8. Lessee agrees to follow present soil conservation practices as required for by the Soil Conservation Service for McHenry County to control soil loss. 9. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use any hazardous materials, the cost of cleanup will be paid by the Lessee. Lessor may initially pay, at its discretion for any cleanup, however, Lessee shall reimburse Lessor for any costs incurred in the clean up process. Any damage stemming from use of hazardous materials shall be construed as a material breach of this lease and shall be added to and become part of the rent,recoverable as rent. 2 V. Entire Agreement. This Lease Agreement contains the entire understanding between the parties and supercedes any prior understandings or agreements between them respecting the subject matter. No representations, arrangements, or understandings except those fully expressed herein, are or shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to the terms of this lease shall be made or be binding unless made in writing and signed by each of the parties. VI. Attorneys Fees. The prevailing party in any action or proceeding to enforce the terms of this Lease Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailing party. VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses (including court costs, attorney's fee's, and costs of investigation) resulting from a breach by Lessee of any provision contained in this Lease Agreement, resulting in any way from Lessee's occupancy of the Premises, or arising from any personal injury occurring on the Premises during the term of this Lease Agreement. The provisions, undertakings and indemnifications set out in this Section 7 shall survive the termination of this Lease Agreement. VIII.Notices. All notices, requests and other writings required under this Lease Agreement (including any notices of renewal, or termination rights) must be in writing and shall be deemed validly given upon the earlier of(i) actual receipt or(ii) the second business day after the date posted if sent by certified mail, return receipt requested, addressed to the other party as follows: If to Lessor: Attn: Douglas P. Martin The City of McHenry 333 South Green Street McHenry, IL 60050 If to Lessee: Tom King 3907 Ringwood Road McHenry, IL 60050 IN WITNESS WHEREOF, We have hereunto set our hands and seals,the day and year first above written. Lessor Lessee THE CITY OF MCHENRY TOM KING By By: Susan E. Low, Mayor Tom King 3 .y i?.Mr• s /S,�a► /?. t a is iZon a 15-vs N-m • • 9.tof , I N 1 g a 8/�•r� /sect u a/AGm a aJ prly � L CENTRAL AVE 8 j I /aa a ?se// /•� $ 8 /•av /-go/ od /-way I I"C a-av ?1aa zav u X'v/ Zoos 9.00y • • 2/-OVl 3 eel • /-0/t J • /Zov -Aes •J�Iv 4 t • • O. 4.00t .• . �%ou 4.anl • /Bois 4.eot + /G wr � ¢ . I `Y �2 N 'N5% 5.a0 • . /7-or/ 6.01 • . /.l.at 5 W N / 1 _ s1u.. -(►- 'W7 n ` /B" (r vA • /G OPl Ga1vs • • /¢Od `_Ni (r o (,:DP7 o a • /7W7 700j • I(5.00! T Oe7Aouorr iN • a /3'-0IE 77 y v `PT • � TV� e q � UQ¢ O J � • I U V �(•.wl � 3 p0. ✓r' , qA 0 d w , NVA� CN r, n 00 H�ryg axes `�t� • `•,`ems ��, V �' i � M� a � ��I N • q, ca • �yb�o ,.t,`tj f v Q ! e39.001 D i a�r 1 Sir D far/Jr iMs� =P.t/• FINCH LEASE AGREEMENT This Lease Agreement, made and entered into this day of , 2006, by and between the City of McHenry, 333 S. Green Street, McHenry, Illinois ("Lessor"), and James P. Finch,4818 Imnans Way, Ringwood, Illinois ("Lessee"), RECITALS WHERAS, Lessor is the legal owner of the following described real estate: Approximately 26 acres located in the NE '/4 of the NW '/4 of Section 33, McHenry Township (T.45N. -R.8E.), located in the County of McHenry, State of Illinois, and more fully described in the attached Exhibit A(the"Premises"). WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the Premises. Now Therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. Term. This Lease Agreement shall commence on the 1st day of March 2006 and end on the 28th day of February 2007. Lessee covenants with Lessor, that at the expiration of the term of this Lease Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted. II. Rent. Lessee agrees to pay Lessor rent in the amount of $2,084.88, payable on November 1, 2006. In the event any payment of Rent is received by Lessor more than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an amount equal to of five percent (5%) of the Rent due each day thereafter that such payment is delinquent. III. Use of the Premises. Lessee may use the Premises for farming purposes only. IV. Obligations of Lessee. It is further expressly understood and agreed between the parties hereto, as follows: 1. Lessee shall not to burn anything on said Premises. 2. Lessee shall use the premises solely for agricultural purposes. Animals and livestock will not be permitted on said premises. 3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. 4. Lessee shall keep said Premises, including the hedges and fences, in proper and necessary repair. If Lessee fails to do so, Lessor may enter upon the Premises and make all proper and necessary repairs, and the cost thereof shall be additional rent, due and owing from Lessee to Lessor immediately. 5. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the right to take possession of said Premises, using such force as may be necessary, with or without process of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement shall be added to and become a part of the rent, recoverable as rent. 6. Lessor reserves the right for itself, its employees, and its officers assigns or respective buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or improvements thereon. 7. Lessor reserves the right to terminate this lease without notice to Lessee relative to all or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo, Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party will secure a representative who will be designated to resolve any disputes. The decision of the representatives will be final and binding on both parties. Failure of the representatives to agree shall qualify either party to file suit to resolve the issues. 8. Lessee agrees to follow present soil conservation practices as required for by the Soil Conservation Service for McHenry County to control soil loss. 9. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use any hazardous materials, the cost of cleanup will be paid by the Lessee. Lessor may initially pay, at its discretion for any cleanup, however, Lessee shall reimburse Lessor for any costs incurred in the clean up process. Any damage stemming from use of hazardous materials shall be construed as a material breach of this lease and shall be added to and become part of the rent, recoverable as rent. V. Entire Agreement. This Lease Agreement contains the entire understanding between the parties and supercedes any prior understandings or agreements between them respecting the 2 subject matter. No representations, arrangements, or understandings except those fully expressed herein, are or shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to the terms of this lease shall be made or be binding unless made in writing and signed by each of the parties. VI. Attorneys Fees. The prevailing party in any action or proceeding to enforce the terms of this Lease Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailing party. VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses (including court costs, attorney's fee's, and costs of investigation) resulting from a breach by Lessee of any provision contained in this Lease Agreement, resulting in any way from Lessee's occupancy of the Premises, or arising from any personal injury occurring on the Premises during the term of this Lease Agreement. The provisions, undertakings and indemnifications set out in this Section 7 shall survive the termination of this Lease Agreement. VIII. Notices. All notices, requests and other writings required under this Lease Agreement(including any notices of renewal, or termination rights) must be in writing and shall be deemed validly given upon the earlier of(i) actual receipt or(ii)the second business day after the date posted if sent by certified mail,return receipt requested, addressed to the other party as follows: If to Lessor: Attn: Douglas P. Martin The City of McHenry 333 South Green Street McHenry, IL 60050 If to Lessee: James P. Finch 4818 Inmans Way Ringwood, IL 60072 IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year first above written. Lessor Lessee THE CITY OF MCHENRY JAMEs P.FINCH By By: Susan E. Low, Mayor James P. 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EERWOOD; 7%:�.IS••9� �.5.65 ��J.�-y�a�.(. ig 00'7 p G HI ¢.�AK ooi f . ooZ o s //O L 031 RID c /2 oso `0 me Henry 57`a/e ' Ci' °o :001 c 4 °1 hank Tust /Vo.4991 �/I�%C =i .F �359�gh an .H <(, O SfM:dweSf T� `0 �; .No.t2775 O33 022 DJ\g7n: 3C LL Bb > 4 03 /4 G c a If -9 3 4 4.54;3U O23 Q Q c R.E. i ' Q O G e-rz B L.CT 3 p P oo(e / v ii` C R - S t� C) /Ys n� tikHc/� S •2 rfUSf W/t.SOn 009 OOP} 'CH n ..007 0� H E FIU. C'4E N6�'A•: F t. W?IT�Fw CONSENT AGENDA To: Mayor and City Council From: Pete Merkel, Director of Parks &Recreation For: January 30 20o6 Recommendation To approve the payment to Custom Landscaping Design and Construction in the amount of$60,450.46 for the Petersen Historic Farm Access Road project. Background The City of McHenry entered into a contract with Custom Landscaping and Design to install an access road in the wooded area of the Petersen Historic Farm. Excavation of materials and placement of aggregate was completed in early December. Final grading and site restoration work will be completed in spring 20o6. Attachments: Custom Landscaping Design &Construction — Pay Estimate 1 Smith Engineering Consultants, Inc. — Recommendation Letter /Pete/2oo6 Consent Agendas/Custom Landscaping Payment FROM CITY OF MCHENRY PARKS & REC PHONE NO. : 815 363 3186 Jan. 06 2006 12:06PM P2 uAN0,9 0�It 216 S. DRAPER ROAD MoNENRY, IL 60050 Phone 815.344-0797 DESIGN & CONSTRUCTION, INC. fox 815-344-0798 -McHetzry Parks.Department Mr. Pete Merkel Pay estimate#1 for Peterson Park Parrn Improvements The gravel drive and parking areas are substantially complete and compacted. I anticipate using some additional stone in the spring to be installed concurrently with the seeding and restoration. Everythung appears to be within budget as far as plan quantities with the exception of the additional culvert. Please review the attached pay estimate and call me with any questions or concerns. Thank you Don Heinz 1 E I •- lD m Pay Estimate #1 PetOrson Park Farm lmprouements m m N ' l0 m C r0 Description Est. Quanti Changes %C m leted %Paid Unit Price ' Amount Due Gradingand exc. 1202 c. . None '80% 0% $9.50 g 135.20 o Seeding 1 acre None . 0% 0% IS4.200.00 $0.00 M ree Root Trimming and Qemol3tio 1 Norte 00% Q°fo $3 200.00 $3 200.00 CO Aggregate Base 2423 Ton done .90% 0% $24.25 $82 881.98 z CMP Culvert 20 tin.ft. +40 lin ft. 100% 0% $32.00 $9 920.00 w z M Total $67137.18 U w oa N ry Cl � I z U � I O u i E 0 LL. Smith Engineering Consultants, Inc. Civil/Structural Engineers and Surveyors January 6, 2006 Mr. Pete Merkel Director of Parks and Recreation City of McHenry 333 South Green Street McHenry, Illinois 60050 RE: Petersen Park Farm Improvements SEC Job No.: MCHE-050493-3 Dear Mr. Merkel: Enclosed is Pay Estimate No. 1 for the above-referenced project. Custom Landscaping Design & Construction is requesting payment for services associated from the project start date to present.- The total cost of materials and services completed to date is $67,167.18. This amount, less a ten percent (10%)retention of$6,716.72,leaves a total request for payment of 60 450.46. Please note that the completion date for this project has been extended to May 19, 2006, to accommodate aggregate that must be placed in the Spring of 2006 allow for settlement to occur over the winter. This completion date extension is a result of meetings between Custom Landscaping Design & Construction and the City of McHenry Parks and Recreation Department. Smith Engineering Consultants, Inc. (SEC)recommends this payment of$60,450.46 be made by the City of McHenry to Custom Landscaping Design&Construction for services rendered to date. If you need additional information or have any questions,please call me. Sincerely, SMITH ENGINEERING CONSULTANTS, INC. Kevin A. Harder P.E. Project Manager KAH/fsg Enclosure cc: Mr. Don Heinz, Custom Landscaping Design&Construction N:Uobs%rnith\2005\050493 Petersen Farm Development\sdcninisnation\bid-flocs\MCEM-050493-3-k&paymi.doe art 4500 Prime Parkway,McHenry,II.60050 www.smithengineering.com Telephone 815.385.1778 Fax 815.385.1781 Smith Engineering Consultants, Inc. Civil/Structural Engineers and Surveyors January 6,2006 Mr. Don Heinz Custom Landscaping Design&Construction 216 South Draper Road McHenry, Illinois 60050 RE: Petersen Park Farm Improvements SEC Job No.MCHE-050493-3 Dear Mr.Heinz: As you have discussed with the City of McHenry Parks and Recreation Department,the completion dates for the Petersen Park Farm Improvement have been revised as referenced below: Original Contract Time: Site Preparation and Access Drive..................................................December 16,2005 Restoration.......................................................................:.......................May 19,2006 Revised Contract Time: SitePreparation and Access Drive.................................:.....................May 19,2006 Restoration...............................................................................:.............May 19,2006 Please sign below indicating that you have received and accepted the above changes to the contract previously executed. Should you have any questions or need additional information,please call me. Sincerely, SMITH ENGINEERING CONSULTANTS,INC. �• 144, Kevin A.Harder P.E. Project Manager KAH/fsg cc: Mr Pete Merkel,City of McHenry—Parks and Recreation Department Accepted by: Title: Date: Company: "-WMW- N:\Tobs\Smith\2005\0SO493 Petersen Farm Dwmlopment\adminimation\bid-docs\MCHE-050493-3-completion date change-ltr-kah-ol-o-oS.doc oil 4500 Prime Parkway,McHenry,M 60050 www.sniithenginecring.com Telephone 815.385.1778 Fax 815.385.1781 CONSENT AGENDA TO: Mayor and City Council FROM: Daniel J. Marcinko,Director of Public Works FOR: January 30, 2006 Regular City Council Meeting RE: Bull Valley Road/Ridgeview Drive Traffic Signal and Lighting Project Background. At the January 3, 2004 Regular City Council Meeting the City Council awarded the contract for the Bull Valley Road/Ridgeview Drive Traffic signal and lighting project to Home Towne Electric,Inc. in the amount not to exceed$179,881.50. Analysis., The improvements to the intersection are complete and Home Towne Electric, Inc. is requesting final payment. Smith Engineering has inspected the project to assure compliance with the plans and specifications and is recommending a final payment of $15,476.38. If approved the total project cost would be$195,357.88. Staff has reviewed the additional charges and feels they are justified. The extra charges were a result of field changes to avoid existing utilities and alterations to accommodate the transitional lighting. Original Contract Amount $179,881.50 Prior Payments (179,881.50) Additions by Change Orders 15,476.38 Balance 15,476.38 Final Payment $ 15,476.38 This project is budgeted in the Capital Improvements Fund in an amount not to exceed $280,000.00. Recommendation. Staff recommends approval of the final payment to Home Towne Electric,Inc. for the Ridgeview Drive/Bull Valley Road Traffic signal and street lighting project in the amount of$15,476.38 CONSENT AGENDA To: Mayor and City Council From: Pete Merkel,Director of Parks &Recreation For: January 30,2006 Regular City Council Meeting Recommendation: Staff recommends awarding the base bid for the printing of three seasonal brochures for the Parks &Recreation Department and four seasonal City Newsletters for the City of McHenry by John S. Swift Co., Inc. in the amount of$24,898.00. Background. Each year the Parks &Recreation Department solicits bids for the printing of three seasonal program brochures and four seasonal City newsletters. Five bids were received,with the lowest base bid submitted by John S. Swift Co., Inc. of Buffalo Grove. Their base bid was $24,898.00 with additional costs for scans and alterations. A total of $26,500 was included in the fiscal year 2005/2006 budget for this expenditure. Bid results are attached. /Pete/Agenda Supplements/2006 Agenda SuppMrochure Bid TAB ULATION OF BIDS CITY OF MCHENRY, ILLINOIS 2006 Spring, 2006 Summer, 2006 Fall and 2006 Winter City Newsletters 2006 Summer, 2006 Fall and 2007 Winter/Spring Parks & Recreation Brochures Date of Submission: Tuesday, January 10, 2006 Time: 11:00 am Company Base Bid ActionPrinting. .............................................................................................................$34,226.00 Rolling Meadows, Illinois Creekside Printing..........................................................................................................$28,455.00 Elgin, Illinois HaggPress, Inc. .............................................................................................................$29,472.00 Elgin, Illinois John S. Swift Co., Inc. ... ......$24,898.00 Buffalo Grove, Illinois MinutemanPress............................................................................................................$39,981.00 McHenry, Illinois CONSENT AGENDA TO: Mayor and City Council FROM: Daniel J. Marcinko, Director of Public Works FOR: January 30, 2006 Regular City Council Meeting RE: Wells 2 & 3 Rehabilitation Background. At the November 14, 2005 Regular City Council Meeting, the Council approved the request to advertise for bids for the rehabilitation of Wells No. 2 & 3. This project is planned to coincide with the renovation of Water Plant No. 1. The rehabilitation of Wells No. 2 & 3 will enable the City to fully utilize the new filtration equipment that is being constructed at the plant. The City received the following four bids on December 2, 2005: Municipal Well & Pump Company—Waupun,Wisconsin $43,928 Meadow Equipment Sales & Service, Inc.—Carol Stream, Illinois $44,268 Layne-Western a Division of Layne Christensen Co.—Aurora, Illinois $46,464 Water Well Solutions Drilling Division, LLC—Oconomowoc, Wisconsin $47,647 Analysis. The engineer's estimate for the rehabilitation of Wells No. 2 & 3 was $75,000. Baxter and Woodman has analyzed each of the bids and finds Municipal Well & Pump Company of Waupun, Wisconsin to be the lowest, responsible bidder. The IEPA recommends establishing a 3.5% contingency allowance to pay for unforeseen work items. Therefore staff recommends awarding the contract to Municipal Well & Pump Company for an estimated amount of$45,465. The Council may recall Baxter and Woodman's approved Engineering Service Agreement for the design of these improvements was $7,900. With the award of the construction contract the total project cost to date will be $53,365.00. Staff is obtaining a price for the construction inspection and anticipates the total project cost to be under budget. This project was included in the approved 2005/06 budget under the Utility Improvement Fund in an amount of$65,000. Recommendation. Staff recommends approval of the contract for the rehabilitation of Wells 2 &3 to Municipal Well &Pump Company for an estimated amount of$45,465. CONSENT AGENDA TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator Thomas J. O'Meara,Chief of Police FOR: January 30, 2006 Regular City Council Meeting RE: Acquisition of Non-Lethal Tasers for the Police Department Background. The 2005/06 budget approved by the City Council includes the purchase of tasers for the Police Department in the amount of $7,000. Tasers have received a significant amount of press over the past couple of years. These will be the first tasers purchased by the McHenry Police Department. Analysis. Tasers are valued by the Police Department because it adds another layer in the continuum of force options available to an officer. Currently, if there is a need to apprehend a violent suspect or a suspect threatening an officer, there is no intermediate step available between the use of non-lethal weapons, such as batons or pepper spray, and lethal firearms. In many instances, the use of tasers are warranted to protect officers against violence without having to resort to the discharge of a firearm. Training on the use of the tasers, specifically on when to use it and how to use it, is critical and will be part of the standard training protocol. The request from the Police Department is for five tasers with holsters, training targets, belt clips, and cartridges. The quote also includes the software necessary to monitor and analyze each discharge of the weapon. These non-lethal weapons are rapidly becoming standard operating equipment in law enforcement agencies across the country. Recommendation. The Police Department requests authorization to purchase five Tasers with related equipment from Taser International through Ray O'Herron Co. for $6,959.70. V , QUOTA TION . 3549 North Varmttton Stream 61 s321A * P0.S= 10 Urry k, I 61834-1QTt RAY O'HERRON co. (217)442.OBW • (�)�-� »dc Fax(217)443-" TO: lvl� cl��� PvL-cie aE-Or .� DATE: t� - i Yj °'t'✓..� ADDRESS: 3 :33 &vZEE.,.r FROM: PC-r g o(-AfeS CITY/STATE/ZIP: Mc-ge arl-j CONTACT: PHONE: EXT: FAX: QUOTE VALID FOR: DAYS ITEM QTY UNIT DESCRIPTION UNIT PRICE EXT PRICE r S a c) -rASjur2 V. 4 G �v �azCr�S, �yC Ap/s� (,7!W i-0,4 0 tG t:—(� 3 4..7.5' 4, 1 t-4 SEA= 4 crl 6.+ro1z Cat 0 6Ar2r. 36, C& 35- (,e) S- a& S"f 9 c'e+G- Lv!C. d c C,r 44, 7, 7 So +4-aOO -2 l ' Cr q-j�j dl-S t' C44r2 O bf S ,- V'7 qzf . S'O u _ (r,,9 34 i i 1 1 r i QUOTED BY: TOTAL: P 1 ^I y... 1 ti 'f' 'a.� i.i'• K.l. q' 1. TO: Mayor and City Council FROM: Joseph P.Napolitano,Community Development Directo l� FOR: January 30,2006,Regular City Council Meeting RE: Request for Sign Variance,Green Street Mall,1219 N.Green Street Applicant: Jim Marinangel,Owner ATTACHMENTS: 1. Letter from Jim Marinangel,dated 1/20/06 2. Location Map 3. Sign Mustrations/Elevations STAFF RECOMMENDATION: To approve the proposed sign for the south building facade, as presented. Background A letter was received from Jim Marinangel, owner of the Green Street Mall at 1219 N. Green Street. The Green Street Market building is a multi-tenant building in the downtown housing the Green Street Ca%, L.A. Faux, Inc.,the McHenry Theatre Company, and Soraya's House of Dance. Over the years, it has been somewhat difficult for tenants in the building because there is no exterior signage,except for the restaurant. The applicant would like to install new wall signs in order to let patrons know that there are additional businesses in the mall. Allowable Signs Per the City's sign regulations, the site is considered a shopping center and would be allowed 4 wall signs, one for each tenant. The total square footage allowed for the property is 74.1 sf. (1.5 sf. per 1 foot of building frontage). There are currently three signs totaling 67 sf.on the building: "Green Street Caf6" on the east (front) facade (22 sf.), "Green Street Mall" on the west (rear) facade (30 sf), and "L.A.Faux,Inc."on the south(15 sf.). Proposed Signs The applicant is proposing to replace the existing"L.A.Faux,Inc."sign on the south facade with a new 49"x 90" sign(30.6 sf)to identify all of the building tenants. A new 40"x 73"sign(20.3 sf.)with the same text is proposed for the west (rear) building facade, next to the entrance. If approved the site would have 4 wall signs with a total of 102.9 square feet_ A variance is needed to accommodate the sign on the south building facade. Analysis Staff has no concerns with the proposed request and would recommend approval. The additional signs will provide needed identification for the businesses inside the building and are not considered excessive. This building is unique in that it has multiple retail tenants where as typical downtown buildings have a single use, with an apartment or office upstairs. Also, the building has three sides visible to the public—along Green Street on the east,a parking lot on the south and a parking lot on the west(rear),with a second public access to the rear. ® Main Facility: McHENRY SAVINGS 353 BANK DRIVE McHENRY,ILLINOIS 60050 BANK (815)385-3000 • FAX:(815)385-4433 www.mchenrysavings.com January 20, 2006 City of McHenry Joe Napolitano, Community Development 333 S. Green Street McHenry, IL 60050 RE: Sign Variance Request Dear Mayor Low and Council Members: McHenry Savings Bank is the owner of the Green Street Mall, located at 1219 N. Green Street. There are four businesses presently located inside the building, however external signage references only two of them: the Green Street Cafe and L.A. Faux Inc. The other two, Soraya's School of Dance and Theatre and the McHenry Theatre Company have no outside exposure and struggle to make their presence known to passers by. We would like to add two signs to the building per the enclosed renditions. Both of them would be internally illuminated with opaque lettering so that in the evening they would appear as black-on-white. (A green more accurately reflecting that which is already on the building will be utilized rather than the one shown.) We have been informed by the City that adding both signs will result in our exceeding the 74.1 maximum square footage of signage permitted by statute on that building. We are requesting a variance to allow that exception. Respec , r James R arinan el Executive Vice President Downtown: Richmond: Johnsburg: Huntley: 1209 N.Green St. Route 173&Main St. 4000 N.Johnsburg Rd. 10390 Route 47 McHenry,Illinois Richmond,Illinois McHenry,Illinois Huntley,Illinois 60050 60071 60050 60142 _ •Ir l q �R �. �, '-L�i+ S,'rtACJLrY r F"" - -- `' `�'-�—�• r I r: � � j, �/% ,��`,, � A� _ 7, ) t e + . r i .r 1 '7 `•� ? .� //'� }' t¢-r�• f'�f•T•,�'- i��.ir +`.rr R S 4' h o I/ BP {rye 2 1 rk =;---•Jam.:..:� - .::r. _•, � - I .... �y .:,',... - ............... A VIE rt sirL _ ��� '� �_ „� a •.��.. ., �" �y �,y��dF � _�� .x, a- �� a �, i. w,. ��✓ �. ' jT - V f� 1� rtq• S yY/F i r. t' , fit 3YIYipYIyT 3lNyYY�1e4 pY?Mli � SSYY.Y�r�Y��YY�.W��eayyYYYYd''YYY�yy f TM••' '� _ •WYnNPn '.1 am vnri TI Ima r I . Y I f • T -...�.... :..�n...+ss pra.aw.�.:._... trrsres - :.:...im.�iiwlPoliyfiltlllilrmNu•,.•..�.•••1f111(�Yrlit�l�li r■r.. .■��■■„„ � .■,�r■■■.Low IIIIIIIIIIIIIIIIIIIIIAN mm ■ f Green St. ■�s® ■�a�r ® ■� ■r�■■�. ■�ts4 MALLWIN �k�* Tli So rry�ee ma;0111111 So fit a" ■■■■■■■■ ■■MEMO ME ■ mill �� a" ■■■■ ■� � fit. ��,_ �'� �..•p�G� ■■� ■�v■■■ � �� �, `` � ������I! a� ��IIII icy 3? a •" t'.y.. x 3:;f..�� •_�_ r. ,w.+asw r.L l..--i � p.:- f t 't "N-� •�. ' I� AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Joseph P.Napolitano,Community Development Director FOR: January 30,2006,Regular City Council Meeting RE: Conditional Use Permit for a drive-thru and Variance to encroach into front yard setback for the property located at the northwest corner of Route 31 and Diamond Drive Applicant: Home State Bank,James Zambon ATTACHMENTS: 1. CDD Report to the Planning and Zoning Commission 2. Planning and Zoning Commission Minutes dated 1/5/06 3. Application Packet 4. Ordinance approving a Conditional Use Permit and Variance for Home State Bank STAFF RECOMMENDATION: To approve the attached ordinance granting a Conditional Use Permit for drive-thru lanes and a drive-thru ATM kiosk and a Variance for encroachment into the 50-foot front yard setback. Description of Request The applicant is requesting a Conditional Use Permit to allow drive-dau lanes and a drive-up ATM kiosk for a new Home State Bank in the North Gate West Shopping Center. The bank is allowed as a permitted use in the C-5 zoning district, as Home State owned the property prior to the Zoning Code amendment that prohibits new banks in the C-5 District. The applicant is also requesting a variance to allow a drive-thru ATM kiosk The City required front yard setback is 30' but this site was platted with a 50' front yard setback. The drive-up ATM kiosk encroaches into the 50' front yard setback,but not into the City's standard 30-foot setback Staff Analysis This request meets the criteria set forth in the Zoning Code for Conditional Use Permits and Variances. Drive-thru lanes are typically associated with a bank and the proposed layout efficiently moves traffic throughout the site. The ATM kiosk will still maintain the City's standard 30-foot setback from the roadway so this encroachment will not look out of character with any other C-5 uses. Planning and Zoning Commission The Planning and Zoning Commission unanimously recommended approval of. 1. A Conditional Use Permit for the drive-thru lanes and drive-up ATM kiosk;and 2. A Variance to allow the encroachment of the ATM kiosk into the 50' front yard setback. Community Development Department Report File#Z-662 January 5,2006 Applicant Home State Bank 40 Grant Street Crystal Lake,I160014 Requested Action • Conditional Use Permit for a drive-thru • Variance to encroach into the front yard setback Site Information Location and Size of Property The subject property is 1.57 acres located on the northwest corner of Illinois Route 31 and Diamond Drive. Commmehensive Plan Designation Business Park Existing Zoning and Land Use The subject property is currently zoned C-5 and is vacant. Adjacent Zoning and Land Use North: SD, Special Development District,Village of Johnsburg South: E,Estate District and is reserved for future Route 53 extension East: C-5,vacant West: C-5,vacant and existing in-line retail Description of Request This is a request for Home State Bank. This bank is allowed as a permitted use in the C-5 zoning as Home State owned the property prior to the Zoning Code amendment. The applicant is requesting the Conditional Use Permit for the drive-thru lanes and the drive-up ATM kiosk. The applicant also is requesting a variance to encroach into the front yard setback. The City required front yard setback is 30', but this site was platted with a 50' front yard setback, which now makes that the required setback. The drive-up ATM kiosk encroaches into that 50' front yard setback. The ATM kiosk is located up front along Route 31 for safety reasons. Staff Analysis Conditional Use Permit A Conditional Use Permit is required to allow a drive-thru in the C-5 zoning district. Staff has reviewed the request based on Table 31 Approval Criteria for Conditional Uses in the Zoning Code. 1. Traffic Analysis. The development of a drive-thru in conjunction with this bank will not increase the vehicle traffic at this location more than what would already be expected with development. 2. Environmental Nuisance. This drive-thru will not create glare, dust, odor, blockage of light or air, significant noise or other adverse environmental effects of a type of degree not characteristic of Permitted Uses in the zoning district. 3. Neighborhood Character. This proposed drive-thru use would fit harmoniously with the man- made character of the surrounding areas as other users in the C-5 Zoning District have drive-thru facilities and it is customary to have a drive thru and drive-up ATM associated with a bank use. File#Z-655 Page 1 of 4 Community Development Department Report File# Z-662 January 5, 2006 4. Public Services and Facilities. The proposed drive-thru 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 to place undue burdens upon existing development in the area. 5. Public Safety and Health. The proposed drive-thru will not be detrimental to the safety of the employees,patrons, or visitors on this site. 6. Other Factors. A drive-thru facility will fit at this location and is customarily part of a bank. Staff supports the requested Conditional Use Permit. Variance The applicant is requesting the variance to allow the construction of the ATM kiosk in the front yard setback. Staff has evaluated the variance request against Table 32 of the Zoning Code requirements: 1. Special Circumstances Not Found Elsewhere. The plat established a more restrictive requirement of the 50' front yard setback not typical of other development in the C-5 zoning. This request meets this requirement. 2. Circumstances Relate to the Property Only. This property has a setback larger than typically seen in adjacent C-5 zoning. This request meets this requirement. 3. Not Resulting from Applicant Action. The request to locate the ATM kiosk up front on the site and away from the bank is the reason the variance is being requested. This request does not meet this requirement. 4. Unnecessary Hardship. The bank site plan has been laid out with safety and convenience in mind. If this variance were denied the location of the drive-up ATM kiosk would need to be moved possibly creating a less safe condition for patrons. Also this site contains an unusually large front yard setback. This request meets this requirement. 5. Preserves Rights Conferred by District. Allowing the ATM kiosk into the 50' front yard setback while still maintaining the 30' front yard setback preserves the rights and development pattern of other C-5 development. This request meets this requirement. 6. Necessary for Use of Property. The granting of this variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variances the applicant will need to redesign the site possibly losing parking or creating a less safe condition. This request meets this requirement. 7. Not alter Local Character. The granting of the variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. This request meets this requirement. 8. Consistent With Ordinance and Plan. The granting of this variance will be in harmony with the general purpose and intent of the Zoning Code and Comprehensive Plan of the City. This request meets this requirement. Staff supports the requested variance File#Z-655 Page 2 of 4 Community Development Department Report File# Z-662 January 5,2006 Staff Recommendation Prior to Public Hearing 1. Conditional Use Permit. Approval of a Conditional Use Permit for the drive-thru lanes and drive- up ATM kiosk. Staff finds that the requirements in Chapter XIV Table 31 of the Zoning Code have been met. 2. Variance. Approval of a variance to allow the encroachment of the ATM kiosk into the 50' front yard setback. Staff finds that the requirements of Chapter XV Table 32 have been met. Attachments • Location Map • Application Packet • Letter of support • Site Plans File#Z-655 Page 3 of 4 Community Development Department Report File#Z-662 January 5, 2006 Af A 1 � 1 1 1 1 I 1 I I 1 L 1 I� I I 1 , t ' L 1 L 1 ' 1 ' 1 7 � - I l 1 -- 1 ----------------- ---------- ----- ---- 1 ' L , r1�114V 1 ln'�•,�1 1 .. �.L y , I Subject Site r ,,•,,ti,ti�• ,,... I L , •Sri'�•.. •'ter fi � fir.. rJ' L, •.r•••. 1 1 1 , •K. 1 � M1�ti k� L♦ TSt 1 ------------- 23 , •,y LOCATION MAP File#Z-655 Page 4 of 4 P&Z Commission January 5, 2006 Page 4 And that Table 33, the Approval Criteria for Map Amendments, page 401 of the Zoning Ordinance,has been met. Voting Aye: Buhrman,Cadotte. Voting Nay: Ekstrom,Howell,Nadeau, Schepler, Thacker. Not Voting: None. Abstaining: None. Absent: None. Motion failed 2-5. Motion by Ekstrom, seconded by Schepler, to recommend the denial of the request by Randy Lively for a map amendment to RS-2 Medium Density Single-Family Residential District for the property located at 2623 Lincoln Road. Voting Aye: Buhrman, Cadotte,Ekstrom,Howell,Nadeau, Schepler,Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Howell closed the Public Hearing at 8:43 p.m. Public Hearing—Home State Bank File No—Z-662 Rt 31 and Diamond Drive_-Conditional Use Permit and Variance Chairman Howell at 8:44 p.m. opened a Public Hearing regarding File No. Z-662, an application for a conditional use permit to allow a drive-thru facility at a financial institution and a variance to allow a 30-foot setback for a proposed ATM kiosk on the Home State Bank property located at the intersection of Diamond Drive and Route 31. Chairman Howell stated notice of this Public Hearing was published in the Northwest Herald on December 12, 2005. A Certificate of Publication is on file in the City Clerk's Office. Notices were mailed to all abutting property owners of record. Certified mailing receipts are on file in the City Clerk's Office. An affidavit of compliance with all notification requirements is also on file. In attendance representing the applicant were James Zambon of Home State Bank and Brian Reno,Architect for Home State Bank who were sworn in by Chairman Howell. Planner Zeller provided the commissioners with a Staff Report regarding the request. Mr. Zambon and Mr. Reno presented their plans to the Commission. Questions were raised regarding the appearance of the ATM drive-up. Some discussion followed regarding the similarities to the Home State Bank facility on Prime Parkway. Attorney Samuel Diamond indicated his support of the project. P&Z Commission January 5, 2006 Page 5 There was no one in the audience wishing to comment on the request. Motion by Ekstrom, seconded by Cadotte,to recommend to City Council with regard to File No. Z-662, a request for Conditional Use Permit to allow a drive thru facility for a financial institution located at Diamond Drive and Route 31 be granted, and that Table 31, the Approval Criteria for Conditional Use Permits, Pages 357-358,has been met. Voting Aye: Buhrman, Cadotte,Ekstrom,Howell,Nadeau, Schepler,Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Motion by Cadotte, seconded by Nadeau, to recommend to City Council with regard to File No. Z-662, a request for a variance to permit a 30-foot front yard setback for an ATM kiosk located on the Home State Bank property located at Diamond Drive and Route 31 be granted and that Table 32,the Approval Criteria for Variances,pages 377-378,has been met. Voting Aye: Buhrman, Cadotte,Ekstrom,Howell,Nadeau, Schepler,Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Chairman Howell closed the Public Hearing at 8:48 p.m. Other Business Some discussion occurred regarding the timeliness of meeting agenda packets. This item will be considered on the agenda at the next Planning and Zoning Commission meeting. Adiournment Motion by Cadotte, seconded by Nadeau,to adjourn the meeting at 9:02 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom,Howell,Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Respectfully submitted, Azt&zz, 177 KatIteen M. Kunzer,Deputy Cler Planning and Zoning Commission Secretary FORMA File Number.Z' 'Z PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry,IL 60050 Tel: (815)363-2170 c Fax:(815)363-2173 1. Name of Applicant �"/' S 774 7 614 W� 'V A.Tel v 5,'7 9-il—3 4w Address Z 0 61M"!V� �.� C✓p�—� _ Fax �i'�' �7 7 1— ��`�� 2. Name of Property Owner <14r A S A 60 VE Tel (If other than Applicant) Address Fax 3. Name of Engineer V ZA A?ZeH1Tf6T� ""63A6W 915 J0 Tel z�41- 9 3 (If represented) Address /�/ P u S Ste. /G� Fax '3 47 4. Name of Attorne} Tel ` (If represent,-. Address_ Fax 5, Common Address or Location of Property L,©7- -t A -r ���� 6-2,62-reV 5 Z G P-r 14 nr� )/AfV10A/D Piz( 3 ��v TNT �',,7- 6 A Tf V 9 Oa ran eW T' WE c 6, Requested Action(s)(check all that apply) Zoning Map Amendment(Rezoning) _Zoning Variance-Minor 1/ Conditional Use Permit _Zoning Text Amendment .�ZZoning Variance _Other Provide aLbnef 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 quested: ( ��n��' e v�f �.. t'�.� � �-yriS"�'t I�� f=1 r [-,ft t"T�(> S L.'%?l.)%�r.���.�lv' /- �u `7 `1yi'Z V o o!n;r f <� w� ,^ ;�i� /- �` i �; r ���i���l� rya. , c�oNQI�� ot�rC. 'U Page 1 of'3 7. Current Use of Property y A-G AO T our PA F"-- C r=.L- g. Current Zoning Classification of Property,Including Variances or Conditional Uses 9. Current Zoning Classification and Land Use of Adjoining Properties North: ,���ti��s r �� s South: - East: �- West: 10. Required Attachments(check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. ",✓ 1. Application Fee(amount)$ a V 2. Narrative Description of Request I 73. FORM A—Public Hearing Application 4. FORM B—Zoning Map Amendment(Rezoning)Application V 5. FORM C—Conditional Use Application 16. FORM D—Zoning Variance Application V 7. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit _8. Plat of Survey with Legal Description ✓9. List of Owners of all Adjoining Properties 10. Public Hearing Notice _11. Sign(Provided by the City,to be posted by the Applicant) —V-12. Site Plan ✓ 13. Landscape Plan 7 14. Architectural Rendering of Building Elevations _15. Performance Standards Certification _____16, Traffic Analysis 17, School Impact Analysis FnRM A Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. pp�licant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s)to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicants) Print Name and Designation of Applicant(s) —^'n'K or A Paae 3 of 3 FORM C File Number Z'661 L CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street c McHenry,IL 60050 c Tel: (815) 363-2170 o 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 reauest. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. pf27 ye fop ` lc 5/T� QUA- A-S 1 5/��(Jfp SQ AS /�4 -5V 6A-� OV e �':Tzt- 3, ' r-eg T 2. Environmental Nuisance DIA- l ANT) PAt V4 t IZT' 3�. 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. 7--k e Ask *y14 0/1,J6 IS L_A'l�a vU/ N4 6IV v114Wd4Ai(TiAc. !U�"JCE.S 3 Neighborhood Character he 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. r_6 MI UE_ Uh 57`2!/4,TUtz.ES AdZ.e, CaAJ5'r1eU T�� or-- /ZEp 6pc- C yW�oNAy W17Y +!;1g�liT 4-Ru*fTc,eT'(IML 6124p6 C 0joff' 7'y(, 1U6/6h'W"aAP —^n I X r� Page 1 of 2 4 Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities,in such a way as to place undue burdens upon existing development in the area. �-r /q/ �aF,+�rTS t/ r .F-r�-r E C oft 04 VrjrTyl -c l <rr r o X�S 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. F,S Q u c. fry I/a fl2rVj- p �-rKI PASS A t-©C14?�(� �}t�A�G "77fF ✓2?: 3/ � US�PZ'.S V/S 1L T /s� T N/CW r 6 Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. -GCS I?�V l.O►e IA e4 V-r GVA--55 vu l 7,' -r#C /N ffA-0(4A0Ny C- S' zcvv�a 4nlf' �Lr 4 Paize 2 of 2 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITONAL USE PERMIT FOR DRIVE-THRU LANES AND DRIVE-THRU ATM KIOSK,AND A VARIANCE FOR FRONT YARD SETBACK AT THE NORTHWEST CORNER OF DIAMOND DRIVE AND ILLINOIS ROUTE 31 IN THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS WHEREAS, a petition has been filed with the City by Home State Bank requesting a Conditional Use Permit and Front Yard Setback Variance to allow a drive-thru and drive-thru ATM kiosk associated with the bank for the property legally described on "Exhibit A", attached hereto and incorporated herein; the "SUBJECT PROPERTY", and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on January 5,2006, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission unanimously recommended approval of the requested Conditional Use Permit and Variance; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit and Variance is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY be granted a Conditional Use Permit and Front Yard Setback Variance to permit drive-thru lanes and drive-thru ATM kiosk in substantial accordance with the site plan prepared by the applicant, attached hereto as Exhibit B. SECTION 2: In granting said Conditional Use Permit, the City Council finds that requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district,have been appropriately controlled; 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area; 1 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity; and 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: In granting said Variance, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on,therein, not to the personal,business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant,as distinguished from a mere inconvenience. 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a Variance will not alter the essential character of the locality nor substantially impair environmental quality,property values, or public safety or welfare in the vicinity. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry,McHenry County,Illinois. 2 SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF ,2006 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF ,2006 MAYOR ATTEST: CITY CLERK 3 EXHIBIT A Lot 1 in North Gate Development West, a Subdivision of part of the Southeast Quarter of the Northwest Quarter of Section 23, Township 45 North,Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded December 10, 2002 as Document No. 2002R0116571, in McHenry County, Illinois. 4 EXHIBIT B Site Plan On File with the City Clerk 5 3 T AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Doug Mazeiner,City Administrator ;! FOR: January 30,2006 Regular City Council Meeting RE: Release of Underground Storage Tank Escrow for Riviera Marina Background. As part of aplanned series of improvements at the Central Wastewater Treatment Plant(CWWTP),the City took steps to acquire the Riviera Marina property adjacent to the plant in 1999. Ultimately,the City had to initiate an eminent domain (condemnation)process to facilitate the purchase. A settlement agreement(attached)was reached whereby the City paid$1.3 million for the property. Under the settlement agreement,the City closed on the property in June of 2000. However,the property was known to have leaking underground storage tanks and the settlement agreement(section 5)required the withholding of$100,000 from the purchase price to be placed in escrow to ensure that adequate funds are available to pay for tank removal and remediation. The agreement also requires the City to pay for the first $25,000 of removal and remediation costs with the seller responsible for anything exceeding that. Reimbursements from the State of Illinois Leaking Underground Storage Tank(L.U.S.T.)fund were to be split between the seller and buyer with the City getting the first$10,000 of the reimbursement and the seller receiving all other reimbursements. Interest on the escrow amount accrues at the rate of 6%per year. The tank removal and remediation process is now complete with the City receiving a"No Further Remediation"letter from the IEPA. The invoices have been tallied and the seller is now requesting the release of the escrow money along with interest earnings as specified in the agreement. Analysis. Attachment 1 itemizes the invoices and payments on the project amounting to $38,754.24. The invoices include the efforts of Baxter and Woodman to secure reimbursement from the L.U.S.T. fund. Attachment 2 shows an accounting of payments and interest accruals for both the escrow deposit as well as the amounts paid by the City from the closing date on the property until the present. The bottom line shows the sellers —William H. and Kenneth R. Bruce—are due $123,400.50 from the City. The City has been notified that an application for reimbursement for a portion of the costs has been approved by the state. However, the reimbursement of$14,401 is not expected for several more months. Of the reimbursed amount, the City will keep $10,000 and forward$4,401.20 to the seller per the terms of the settlement agreement. Recommendation. Staff requests City Council approval to release the escrow held for underground storage tank removal and site remediation at the Riviera Marina plus interest amounting to $123,400.50 and authorize staff to release any L.U.S.T. reimbursement for this project in excess of$10,000 to the sellers of the property. Attachment #1 Riviera Marina - Underground Storage Tank Remediation Project Invoice and Payment Log PO/Contract Invoice# Invoice Date Paid Date Billed Amount Paid Amount Orig Contract 59563 11/30/2000 1/24/2002 $284.50 $284.50 Orig Contract 60555 1/25/2001 1/24/2002 846.50 846.50 Orig Contract 61961 4/20/2001 6/21/2001 2,485.10 2,485.10 Orig Contract 62865 6/15/2001 9/4/2001 795.36 795.36 Orig Contract 64558 9/6/2001 10/18/2001 1,975.50 1,975.50 Orig Contract 66796 12/27/2001 3/21/2002 9,502.53 9,502.53 Orig Contract 67345 1/23/2002 2/21/2002 605.50 605.50 Orig Contract 67923 2/20/2002 4/18/2002 694.28 694.28 Orig Contract 68481 3/22/2002 4/18/2002 2,032.00 2,032.00 Orig Contract 73402 11/1/2002 1/27/2003 2,176.50 2,176.50 Orig Contract 73742 11/26/2002 2/25/2003 143.50 143.50 Orig Contract 75601 2/21/2003 3/20/2003 1,227.00 1,227.00 Orig Contract 77096 4/18/2003 5/22/2003 503.00 503.00 Orig Contract 86476 3/3/2004 4/16/2004 62.50 62.50 Subtotal 23,333.77 23,333.77 17042 85626 1/23/2004 2/19/04 740.50 740.50 17042 86496 3/3/2004 4/16/04 2,792.70 2,792.70 17042 88062 4/30/2004 5/25/04 2,233.60 2,233.60 17042 88658 5/26/2004 6/29/04 314.50 314.50 17042 89587 6/24/2004 8/23/04 3,604.00 3,604.00 Subtotal 9,685.30 9,685.30 18517 96511 2/3/2005 2/28/05 2,206.47 2,206.47 18517 97290 3/3/2005 4/11/05 464.50 464.50 18517 97867 3/31/2005 4/25/05 391.00 391.00 18517 99066 4/28/2005 5/23/05 1,762.70 1,762.70 18517 99853 5/27/2005 7/18/05 405.00 405.00 18517 100703 6/23/2005 7/18/05 423.50 423.50 18517 102496 8/18/2005 9/19/05 82.00 82.00 Subtotal 5,735.17 5,735.17 Total $38,754.24 $38,754.24 Attachment#2 Riviera Marina - Underground Storage Tank Remediation Project Accounting of Expenses and Interest Accruals Escrow Activity City Liability Escrow Date Description Amount Credit Debit Balance Credit Debit Balance 6/22/00 Closing-Escrow Deposit $100,000.00 $100,000.00 $0.00 6/21/01 Baxter and Woodman Invoice#61961 2,485.10 100,000.00 2,485.10 (2,485.10) 6/22/01 Annual Interest Calculation 6,000.00 106,000.00 (2,485.10) 9/4/01 Baxter and Woodman Invoice#62865 795.36 106,000.00 795.36 (3,280.46) 10/18/01 Baxter and Woodman Invoice#64558 1,975.50 106,000.00 1,975.50 (5,255.96) 1/24/02 Baxter and Woodman Invoice#59563 284.50 106,000.00 284.50 (5,540.46) 1/24/02 Baxter and Woodman Invoice#60555 846.50 106,000.00 846.50 (6,386.96) 2/21/02 Baxter and Woodman Invoice#67345 605.50 106,000.00 605.50 (6,992.46) 3/21/02 Baxter and Woodman Invoice#66796 9,502.53 106,000.00 9,502.53 (16,494.99) 4/18/02 Baxter and Woodman Invoice#67923 694.28 106,000.00 694.28 (17,189.27) 4/18/02 Baxter and Woodman Invoice#68481 2,032.00 106,000.00 2,032.00 (19,221.27) 6/22/02 Annual Interest Calculation 6,360.00 112,360.00 (19,221.27) 1/27/03 Baxter and Woodman Invoice#73402 2,176.50 112,360.00 2,176.50 (21,397.77) 2/25/03 Baxter and Woodman Invoice#73742 143.50 112,360.00 143.50 (21,541.27) 3/20/03 Baxter and Woodman Invoice#75601 1,227.00 112,360.00 1,227.00 (22,768.27) 5/22/03 Baxter and Woodman Invoice#77096 503.00 112,360.00 503.00 (23,271.27) 6/22/03 Annual Interest Calculation 6,741.60 119,101.60 (23,271.27) 2/19/04 Baxter and Woodman Invoice#85626 740.50 119,101.60 740.50 (24,011,77) 4/16/04 Baxter and Woodman Invoice#86476 62.50 119,101.60 62.50 (24,074.27) 4/16/04 Baxter and Woodman Invoice#86496 2,792.70 1,866.97 117,234.63 925.73 (25,000.00) 5/25/04 Baxter and Woodman Invoice#88062 2,233.60 2,233.60 115,001.03 (25,000.00) 6/22/04 Annual Interest Calculation 6,900.06 121,901.09 (25,000.00) 6/29/04 Baxter and Woodman Invoice#88658 314.50 314.50 121,586.59 (25,000.00) 8/23/04 Baxter and Woodman Invoice#89587 3,604.00 3,604.00 117,982.59 (25,000.00) 2/28/05 Baxter and Woodman Invoice#96511 2,206.47 2,206.47 115,776.12 (25,000.00) 4/11/05 Baxter and Woodman Invoice#97290 464.50 464.50 115,311.62 (25,000.00) 4/25/05 Baxter and Woodman Invoice#97867 391.00 391.00 114,920.62 (25,000.00) 5/23/05 Baxter and Woodman Invoice#99066 1,762.70 1,762.70 113,157.92 (25,000.00) 6/22/05 Annual Interest Calculation 6,789.48 119,947.40 (25,000.00) 7/18/05 Baxter and Woodman Invoice#99853 405.00 405.00 119,542.40 (25,000.00) 7/18/05 Baxter and Woodman Invoice#100703 423.50 423.50 119,118.90 (25,000.00) 9/19/05 Baxter and Woodman Invoice#102496 82.00 82.00 119,036.90 (25,000.00) 1/31/06 Interest Calculation(166 Days) 4,363.60 123,400.50 (25,000.00) 1/31/06 Escrow Reimbursement Plus Interest 123,400.50 0.00 (25,000.00) • yL' t i IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT McHENRY COUNTY, ILLINOIS CITY OF McHENRY, an Illinois ) Municipal Corporation, ) Plaintiff, ) V. ) 99 ED 24 WILLIAM H.BRUCE,KENNETH R. ) BRUCE, ORMEL J. PRUST, as Trustee ) Condemnation Under a Trust Deed,PATRICK ENTERPRISES,INC.,d/b/a RIVIERA ) MARINA,STATE OF ILLINOIS, ) and UNKNOWN OWNERS, ) Defendants. ) SETTLEMENT AGREEMENT Plaintiff,the City of McHenry,("McHenry")by its attorney,David W.McArdle of the law firm of Zukowski,Rogers,Flood&McArdle and Defendants William H.Bruce and Kenneth R.Bruce,(collectively referred to as"Bruce")by their attorney,Carl A.Gigante of the law firm of Figliulo&Silverman,do hereby agree as follows: 1. On November 9,1999,Plaintiff filed its Complaint for Condemnation relating to certain real and personal property to be acquired namely the property commonly known as 3302 W.Waukegan Road, McHenry,Illinois,legally described on Exhibit A attached hereto(the"Subject Property"). 2. The parties to this Agreement,being parties to the Lawsuit desire to settle the Lawsuit by executing this Agreement and effectively conveying title to the Subject Property and an adjacent parcel of property legally described on the attached Exhibit B ("Adjacent Property") to McHenry and fully compensating the owners of the Subject Property. 3. This cause of action is,by virtue of this Agreement fully compromised and settled. 4. The parties hereby stipulate that the sum of ONE MILLION THREE HUNDRED THOUSAND AND N0/100 DOLLARS($1,300,000.00)is final just compensation in full to be paid by the City for the taking in condemnation of the fee simple title to the Subject Property legally described in Exhibit A hereto together with the Adjacent Property legally described in Exhibit B including the personalty described in Exhibit C. Payment of said sum shall be made by the City to Bruce at closing, less prorated taxes,leasehold payments,escrow deposit and security deposits listed below. Property taxes levied against the Subject Property,not yet due and payable or due and not yet paid, shall be prorated as of the date of closing.Any and all transfer taxes(State,County,City)shall be borne by the City as well as any title costs or closing fees. 5. Bruce acknowledges that there exists two(2)underground fuel storage tanks(USTs)on the Subject Property,which are not in compliance with current environmental regulations. These two USTs are specifically identified in a written Phase I/Limited Phase II Environmental Site Assessment report prepared by Baxter&Woodman Consulting Engineers,with a draft date of May 25,2000. The soil surrounding these USTs is contaminated by benzene and TCLP lead above the tier 1 soil remediation objectives. The tanks have been red-tagged by the State Fire Marshall,must not be refilled with fuel and must be removed within twelve(12)months. In addition,the contaminated soil must be removed. Bruce and the City agree to handle the expense involved as follows:The sum of$100,000 from the purchase price shall be held back by the City at closing: These funds shall be held by the City,in escrow,for the purpose of securing payment of the tank removal and clean-up expenses relating to the USTs. The City shall be liable to pay the first$25,000 in expenses relating to the UST removal and clean up. Bruce shall be liable for the balance of expenses,to be paid by the City from the escrow funds. Following payment of all expenses attributed to Bruce, the remaining escrow funds,plus six percent interest per annum from the date of closing on the unused portion, shall be returned to Bruce no later than three months after the tanks are removed, unless additional contamination delays soil removal and clean up. In such event,the remaining escrow funds shall be returned to Bruce as soon as the contaminated soil or groundwater removal is completed. The City shall cause the USTs to be removed no later than six months following closing. Nothing in this paragraph shall be construed 2 to relieve Bruce from additional environmental liability relating to contamination from the USTs should the cleanup/remediation'costs exceed$100,000. However,the City's contractual liability for the removal of any such tank removal or contamination shall not exceed the$25,000,referenced above. Following removal of the USTs and clean up of the contaminated soil or water, the City shall apply for reimbursement of the expenses incurred through the State's Leaking Underground Storage Tank(LUST) fund. In the event the City receives reimbursement from the LUST fund, the City shall be entitled to retain the first $10,000 received(the$.15,000 deductible fee being paid by the City),and any excess funds received from the LUST fund and expended from the aforementioned hold back shall be forwarded to Bruce. In addition to the two USTs discussed herein, a third UST exists on the Subject property currently being used by the City to dispense diesel fuel to its central wastewater treatment plant operations. This 3'UST is located on that portion of the Subject Property identified as"31 UST"on Exhibit H. Because the City controlled use of this 3r1 UST,the City hereby indemnifies Bruce as to all tank removal and any remediation costs associated with the 31 UST. 6. Bruce shall execute Warranty Deeds,Transfer Declaration Form,ALTA Statement,Affidavit of Title and Bill of Sale (attached hereto as Exhibit D) and any and all other documents (except Environmental Disclosure Document for the Transfer of Real Property or similar document) required to effectively convey to McHenry all right,title and interest that Bruce has in the Subject Property and in the Adjacent Property,improvements thereon and personal property set forth on the Bill of Sale. Bruce makes no warranties or representations with respect to any environmental condition with respect to the Subject Property. Title to the Subject Property shall be conveyed subject only to(1)the leasehold interest of Patrick J.Short pursuant to a lease agreement dated April 5,1996 attached hereto as Exhibit E;(2)boat slip tenants of Patrick J. Short and(3)exceptions A-N and P-T,set forth in the Commitment for Title Insurance issued by Ticor Title Insurance Company dated April 11,2000,and known as Order#656777,a copy of which is 3 attached hereto as Exhibit F; (4)payment in full by McHenry in the amounts and on the dates indicated in paragraph 4. 7. Upon execution of this Agreement, the parties hereto shall execute the Stipulation to Dismiss attached hereto as Exhibit G. 8. This agreement is the entire and exclusive agreement of the parties and supersedes any written or oral understanding,promise or agreement,directly or indirectly related to the eminent domain action. It is understood that all property rights being acquired herein are conveyed under the threat of condemnation and that this is not a voluntary conveyance. 9. Bruce hereby assigns,without recourse, all rights, title and interest in and to that certain lease agreement dated April 5, 1996 with Patrick Short(Exhibit E)to the City and shall transfer to the City all security deposits held pursuant to the terms of said Lease Agreement and any Lease payments prepaid shall be paid to the City prorated. No further documents shall be required to give effect to this assignment. Bruce hereby agrees to defend and indemnify the City with regard to any breach of the lease agreement relating to the removal of the USTs and prohibition of dispensing fuel,referenced in paragraph 5 above and referenced m attorney Richard Short's letter dated June 2, 2000. This indemnif c tion shall include any costs,attorneys' fees and losses incurred by the City as a result of Wy_claim or complaint filed by Patrick Short,his successor or assigns. 10. The City shall convey to Bruce a lease in the building marked"Leased Premises,"located on the Subject Property and identified on the drawing attached hereto as Exhibit H for the purpose of allowing Bruce to continue boat repair and maintenance operations.The Lease amount shall be$1 per year and shall remain in effect not more than twelve years(12)and only so long as Kenneth R.Bruce or William H.Bruce actively and continuously repair or maintain boats in the Leased Premises. If Bruce fails to occupy the Leased Premises for six(6) continuous months, the City may presume that the Leased Premises have been abandoned and may terminate the Lease. During their use of the Leased Premises,Bruce may store 4 boats being repaired or maintained in the area designated"Outside Storage" on Exhibit H or at such other locations designated,from time to time,in writing,by the City. Also,during their use of the Lease Premises, Bruce may continue to use boat slip#68 depicted as"leased boat slip"on Exhibit H or such other boat slip as designated in writing by the City as an alternative space. During the term of this lease,Bruce shall be responsible for the maintenance,upkeep and payment of all utility bills incurred by the use of the Leased Premises,and the Leased Premises shall be maintained in substantially the same condition that it was at the time of the execution of this Agreement. The Outside Storage permitted under this paragraph shall also be Maintained by Bruce in a clean and neat manner. It is understood that Bruce may use varnishes, non- flammable varnish remover,paints and paint thinner in the course of the operations conducted on the Leased Premises provided that Bruce complies with all regulations related to these products. It is understood, however, that no hazardous materials or products shall be generated or stored on the Leased Premises or Outside Storage Area. 11. Bruce and Trustee hereby represent that,prior to the execution of this Agreement,they have not sold,signed,transferred or otherwise conveyed their right,title or interest in the Subject Property or the Adjacent Property. - 12. It is further understood and agreed by the parties that this Agreement contains the entire, agreement between them and that the terms of this Agreement are contractual in nature and not a mere recital. 13. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original,but all of which together shall constitute one in the same instrument. 14. This Agreement shall be binding upon and inure to the benefit of the parties,their respective successors and assigns,heirs and beneficiaries. c 5 15. In the event any party to this Agreement files suit or petitions the court in the pending lawsuit to enforce the terms of this Agreement,the prevailing party shall be entitled to recover, as part of its costs otherwise recoverable,reasonable attorneys'fees incurred. 16:. Bruce declare and represent: (1)that in making this Agreement,they have been represented by counsel of their choosing,and rely on their own judgment and the judgment of their attorneys with regard to the extent and duration of their rights and remedies;(2)that Exhibit E remains in full force and effect with neither party in default thereof; (3) that Bruce are not aware of any claims asserted by Patrick J. Short or Patrick Enterprises (except as set forth in paragraph 9, above) or any other person relating to the Subject Property; (4)that the security deposit under the provisions of Exhibit E is$6,600.00;.there have been no modifications or amendments to Exhibit E;the rental payments are$7,000.00 per month and have been paid through June 30,2000; and(5) that Bruce are not aware of any other agreements,understandings or claims by anyone that would affect the ability of Bruce to convey good and merchantable title of the Subject Property to McHenry. In' the event the representations of Bruce set forth in this paragraph 16 at subparagraph(4)hereinabove are incorrect,McHenry may set off any prepaid rent and additional security deposit which Patrick J.Short has paid to Bruce from what is due and owing Bruce under paragraph 5 of this Agreement. CITY OF MCHENRY, � an Illinois.Municipal Corporation William H.Bruce cy: v Steven J. Cuda,Mayor Kenneth R.Bruce David W.McArdle Carl A.Gigante Zukowski,Rogers,Flood&McArdle Figliulo&Silverman,P.C. 50 Virginia Street 10 S.LaSalle Street,Ste.3600 Crystal Lake,Illinois 60014 Chicago,Illinois 60603 815/459-2050 312/251-4600 ARDC#06185561 6 CLOSING STATEMENT SELLER(S) : William H. Bruce and Kenneth R. Bruce BUYER(S) : City of McHenry, an Illinois Municipal Corporation PROPERTY ADDRESS: 3302 W. Waukegan Road, McHenry, IL 60050 DATE OF CLOSING: June 22, 2000 Ticor Title Co. , Crystal Lake Purchase Price of Property: $ 1, 300, 000.00 DISBURSEMENTS: Pay-off Existing Mortgage to: First Midwest $ 43,638.58 Release ' $ 15.00 FedEx. (payoff) $ 15.00 Recording of Release: $ 15. 00 Real Estate Taxes for 1999: $ 2,920.51 Real Estate Taxes Proration for 2000 (@ 100% 1999) from 1/1/00 to 06-22-2000 (174 days @ $16. 00 per day) $ 2,784.00 Rent Proration from June 22-June 30 $ 1,866.66 $7,000/mo + 30 days x 8 days - 12 years monthly rent $ 12.00 Security Deposit $ 6, 600.00 Escrow (UST removal) $ 100.000.00 TOTAL DISBURSEMENTS: $ 157,866.75 PROCEEDS DUE SELLER: $ 1,142,133.25 We accept this settlement this 22nd day of June, 2000. la William H. Bruce even J. Cuda, Mayor Kenneth R. Bruce AGENDA SUPPLEMENT To: Mayor and City Council From: Pete Merkel, Director of Parks&Recreation For: January 30, 20o6 Regular City Council Meeting Recommendation To approve the base bid submitted by Cooling Landscape Contracting LLC, Cherry Valley , IL in the amount of $21,69o.00 for the stream bank stabilization at McHenry Shores Beach as recommended by Hey&Associates, Inc. Background The City of McHenry entered into an engineering services contract with Hey & Associates to develop bid specifications for the shoreline stabilization of the McHenry Shores Beach on the Fox River. Seven bids were received for the project on Tuesday, December 27, 2005. The low bid was received from Cooling Landscape Contracting, LLC., Cherry Valley, IL in the amount of $21,69o.00. Hey and Associates has contacted the low bidder to verify quantifies and the selection of rock material to meet the specifications of this work. Based on the review of the bid documents and prior work experience with the contractor, Hey and Associates would recommend the city enter into a contract to complete this work. It was noted in Hey and Associates memorandum that some material may be needed to be removed from the site. The Corps of Engineers is requesting a site visit to inspect the proposed restoration. The work is proposed as a cut and fill project that would not be extending the shoreline into the waterway. A decision by the Corps of Engineers to remove an equal amount of fill from the site could result in some additional cost. Hey and Associates and department staff will meet with the Corps of Engineers to discuss the design of this project. Attachments: Hey and Associates Memorandum 1/6/o6 Bid Tabulation Form /Pete/2006 agenda Supplements/McHenry Shores Beach 011.06/2006 13:33 FAX 847 740 2888 HEY & ASSOCIATES Z002 Hey and Assocl"ates, b2c. WWar Resources,Watlends and Ecology 265y5 W.COALV RCEDAM,5DlT.B 601 VOLa lLLDVVOIS 60073 PHONE(847)746LO888 FAX(847)740--2888 MEMORANDUM To: Pete Merkel Rom: Cory Horton,P.E. DATE: January 6,2006 RE: McHenry Shores PROJECT NO. 05162 Hey has reviewed the bid results and have the following observations and recommendations-. Cooling Landscape was the low bid for the McHenry Shores Beach Streambank Stabilization Project at, $21,690,00. The deduction for the using limestone rock instead of natural stone would be $1605.80, if desired. Hey has contacted Cooling at your request to verify that they understand the contract is prcvailing wage and the rock gradation requirements. Cooling has concurred that they understand the contract requirements regarding prevailing wage. Cooling plans to get the stone out of the Chetry Valley area and can meet the gradation requirements by mixing carious piles of screened rock. Hey plans to inspect the rock today Qanu2ry 6,2005)with Kip Holzwarth of Cooling. Based on the above information Hey recommends that the City proceed with signing the contract with Cooling fox the McHenry Shores. Please note that due to an .Army Corps permitting request the design will be altered slightly, requiring excavated material to be hauled off-site. This will require a change order in the future; however based on conversations with Kip Holzwazth it should be less than 10-percent of the base bid. Please call if you have any questions. "DMONAL OPPICW WBxoGesa"! wL il7.tscommvAND GmwvA,ILl..d1VOrs f BID OPENING Tuesday, December 27, 2005 — 11:00 am Parks & Recreation Department McHenry Shores Beach Streambank Stabilization In Attendance Were: Pete Merkel-Director of Parks&Recreation,Tina Conaway-Recreation Secretary, Ken Copenhaver-Copenhaver Construction Company,Micky Day— DK Contractors,Inc.,Joe S— Landscape Concepts Construction,Heidi R—Thelen Sand&Gravel, Bob F—Cooling Landscape, Don Heinz-Custom Landscaping, Cost Bid Bond Addendum Landscape Concepts Const/Grayslake, IL $58,182.00 Yes Yes Cooling.Landscape Contr, LLC/ Cherry Valley, IL $ 21,690.0o Yes Yes Custom Landscaping/McHenry, IL $ 36,826.50 Yes Yes Thelen Sand&Gravel, Inc/Antioch, IL $ 40,799.00 Yes Yes Copenhaver Construction/Gilberts, IL $ 31,571.00 Yes Yes .DK Contractors, Inc/Pleasant Prairie, WI $ 37,116.0o Yes Yes Alliance Contractors, Inc/Woodstock, IL $ 53,529.00 Yes Yes /Pete/Bids/2005 Bids/McHenry Shores Bch Streamline AGENDA SUPPLEMENT To: Mayor and City Council From: Pete Merkel, Director of Parks &Recreation For: January 30, 20o6 Regular City Council Meeting RECOMMENDATION: 1) To approve a budget amendment of$485,000 to the Capital Improvements Fund(Park Donations Funding)for the development of Shamrock Farms Park; and, 2)To award the bid for the Shamrock Farms Park Development to DK Contractors, Pleasant Prairie,WI in the amount of$482,065.31. Background. Plans for the development of the Shamrock Farms Park were approved by the City Council in 2003. A contract was approved on October 3, 2005 with 3D Design Studio to provide final design,bid specifications and construction services. Bids were opened on Tuesday, January 17, 20o6 for the construction of all facilities in the approved plan. The estimate of probable cost for the base project is $527,250.93• The estimate for alternate #1 - the installation of concrete paths and walkways in place of asphalt - is $59,424. The designer's estimate for both the base and alternate #1 amounts to $586,674.93• Analysis. Seven competitive bids were received from regional contractors. These bids were reviewed by staff and a recommendation is being made to accept the combination of the base bid and alternate #1 from DK Contractors, Pleasant Prairie, Wisconsin, in the amount of $482,065.15. DK Contractors has worked well with the City in the past on the paving and ball field renovations at Freund Field in 2004/05. A copy of the bid tabulation form is attached along with a recommendation letter from 3D Design Studio. Funding for this project will be Park Donations. However, a line item was not included for the development of the park in the 2005/06 Budget. Even though the work will not be complete until the next fiscal year (summer 2oo6) and no payments are likely to occur during this budget cycle, a budget amendment is required prior to committing these funds in the current fiscal year. If the contract can be awarded at this time, the contractual completion date is June 30, 20o6. Attachments: 3D Design Studio letter of Recommendation Bid Tabulation Bid Form Submission Shamrock Farms Projected Developer Donations /Pete/Agenda Supplements/Shamrock Farm Bid Approval' 3D DESIGN STUDIO January 17,2006 Pete Merkel City of McHenry 333 S. Green Street McHenry,IL 60050 RE: SHAMROCK FARMS PARK DEVELOPMENT Dear Pete, On Tuesday, January 17, 2006, seven (7) bids were received for the Shamrock Farms Park Development project. The following outlines a�su�mmary of those bids: Corifracta'r` k '`�a�e:'old �' � .�tei�,tate#�: �ttbtotal DK contractors Parzzs fan $44 ,Q09 8Z51t138498 523 �o ei nstruc#ox� °< 45485 $4 ,825F F498; 61 Ccenhaver Coasructio $44529 U(] 58�551 $5f4080 21:.` Lan P 'tlsca e Conce\is grist 1 00 0E 4g-467;7f 510,467 76, f✓oong Laitdsea:p $4 , 32�74 $66y48f1S0 $541:313 30 RIIL Canructxe $494,$6 $�9,1 54851811 The bids came in 14% under the established budget of $515,315.00. We recommend the City of McHenry award the Shamrock Farms Park Development Contract to DK Contractors for the base bid and alternate in the amount of$482,065.15. DK Contractors worked for the City and completed the renovation and ball field construction at Freund Park in the spring of 2005. Their work was acceptable and they were considered a fair and reputable contractor. Very truly yours, .4 Daniel D. Dalziel,RLA,ASLA Principal 529 BARRON BOULEVARD GRAYSLAKE, ILLINOIS 60030 (847) 223-1891 VOICE (847) 223-1892 FAX WEBSITE: WWW.3DDESIGNSTUDIO.COM EMAIL: INFO®3DDESIGNSTUDIO.COM BID OPENING Tuesday, January 17, 2oo6 Aldermen Conference Room moo am Parks Department - Shamrock Farms Park In attendance: Pete Merkel, Director of Parks &Recreation, Kathy Quick,Administrative Assistant, Bill Hobson, Management Assistant for Community Relations, Dan Dalziel, 3D Design, Craig Most, 3D Design, Kevin Garrison, DK Contractors, Joe Shirley, Landscape Concepts Construction,Tim Cederlund, Reil Construction, Kip Holzworth, Cooling Landscape Contractors, John Petersen, Boller Construction, Ken Coperhaver, Copenhaver Construction. Name Bid Bid Bond Addendum Comments Reil Construction/Union, IL $479,344.86 Included 1-Yes 2-Yes Alternate 1- $96,099.75 Alternate 2- $26,926.50 DK Construction/Pleasant $44.4,832.30** Included 1-Yes 2-Yes Alternate 1- $61,002.45 Prairie,WI Alternate 2- $23,769.60 **(Corrected Bid Price) Cooling Landscape/Cherry $474,832.70 Included 1-Yes 2-Yes Alternate 1— 86,907.60 Valley, IL Alternate 2 - $20,427.00 Landscape Concepts/ $471,000.00 Included 1-Yes 2-Yes Alternate 1- $70,194.60 Grayslake, IL Alternate 2 - $21,726.90 Boller Construction/ $454,695•00 Included 1-Yes 2-Yes Alternate 1- $65480.70 Waukegan, IL Alternate 2 - $21,355.50 Copenhaver Construction/ $445,529.00 Included 1-Yes 2-Yes Alternate 1- $83,565.00 Gilberts, IL Alternate 2 - $25,013.79 Parish Paving/Crystal $4.41,996.0o Included 1-Yes 2-Yes Alternate 1- $77,715.00 Lake, IL Alternate 2- $26,200.00 ' BIDDERS SHOULD NOT ADD ANY CONDITIONS OR;QUALIFYING STATEMENTS D.., .. ram,�„ THIS BID OR IT MAY BE_DECLARED IRREGULAR AS NOT BEING RESPONSIVE TO THE INSTRUCTIONS TO BIDDERS. _ BID FORM } SHAMROCK FARMS PARK DEVELOPMENT . The following prices per item shall be for furnishing and installing the various items of {; material and work as specified and shown on the drawings. Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities, unless indicated as Lump Sum. The Owner reserves the right to increase, decrease or delete any line item within this bid throughout the duration of the work. Item No. Description Estimated Quan. Unit Price Line Total i SITEWORK- 1. Earthwork 1 Lump Sum $ L.SqO0,00 2. Tree Protection Fence 225 $ Ll.10 LF $ 1 g5'11.5p 3. Silt Fence 420 $ Ann LF $ 1. GO.pp 4. Restoration/Seeding 1 Lump Sum $ SURFACING- 5. 8'Wide Asphalt Path 1857 $ 12,A0 SY $-M1 6. Asphalt Parking Lot 3922 $ 18.20 SY $ 7. Parking Lot Striping 1 Lump Sum $ riz0.0p 8. Parking Lot Concrete Curb 1015 $ 12,50-LF $ 12frW- 9. Asphalt Basketball Court 667 $ 18,ZQ SY $ I?' I39A4 10. Basketball Court Color Coating and Striping 667 $ fino SY $ "N PnI.90 ' 11. 8'Wide Concrete Sidewalk 3965 $ A4-Lo SF $ 1��2 .00 12. Concrete Shelter Pad 1064 $ "l. 10 SF $ j 13. Infield Ball Mix 641 $ P-9.50 CY $ PLAYGROUND - 14. Purchase/Deliver Playground 1 Lump Sum $ [�OO.pO 15. Install Playground 1 Lump Sum $ rm.m 16. 6"x 18"Poured in Place Concrete Curb 284 $ 115.L.0 LF $ 17. Concrete Ramps 1 $ 'IgO.M EA 18. Wood Mulch, Gravel & Filter Fabric 7020 $ 1.5-,N SF 19. 4" Perf. HDPE Drain Pipe w/Filter Sock 182 $ I-1 .gn LF $ 20. 4" Solid HDPE Drain Pipe 10 $ &JS LF $ '31.7.�0 21. 6' x 6' Gravel Pit 1 Lump Sum $ SITE FURNISHINGS- 22. Purchase/Deliver 20'x 30'Two Tier Gable Roof Shelter 1 Lump Sum $ 23fpp 23. Install Shelter/Footings 1 Lump Sum $ 1 "1Z0-M 24. Purchase and Install Benches/Footings 4 $ ► MI.M EA $ 4 25. Purchase and Install Bike Rack/Footings 1 $ -495.(1)EA $ 26. Purchase and Install Trash Receptacle and Pad 4 $ EA $ 4500.6d Project wimma January 4,2006 Shamrock Fanns Park Development Page 12 "27. Purchase and Install Basketball Hoop Wand Footings 2 x 6'Ba p-cksto Fencing t,.. 120 $ $s8��. & encing 592 $ �V t �r « $ Sign Arid Foundation Installation - _ " " 3 `'Purchase and Install 21'Play6rs Lump Sum $ 5?5 M R Benches/Footings = 4 32. Install 24"Storm Sewer Catch Basin $� EA $ A ;. .: with Frame and Grate 1 33. 12"RCP Storm Sewer Pipe Lump Sum $ i and Connection to Inlet 106 $ 1.0 LF $ 34.4"PVC Sleeves -L 310 $_11�_LF '-`��� 35. Recycled Plastic Wheel Stops 7 $ � y $ ,�EA 36. Handicap Parking Signs 5 $ $ FA LANDSCAPE PLANTING- � $ 37. Transplant Trees 5 $ 1 a�EA $ rt 38. 30"Sea Green Juniper 2 $ �^?., EA 39. 1 Gal. Karl Foerster Grass 40. 1 Gal. Purple Coneflower g _ 41. 1 Gal. Purple Dome Aster EA $5�EA $ EA 42. 1 Gal.Woodland Phlox 13 ,Y... OVERHEAD- $— I $— ?02 i3C� 43. General Conditions, Mobilization, Overhead and Profit 4` Lump Lu S 44. Bond Cost 1 1 Lump Sum $ SHAMROCK FARMS PARK DEVELOPMENT . . Base Bid Total- $ AAA �C N44 (In words) - 8O iu lav-S ALTERNATE#1 —CONCRETE SIDEWALKS Description- Q Unit Price: JLneotal.'.. 1. Concrete Sidewalks 16,713 $ SF 2. Deduct Line Item #5— " 8' Wide Asphalt Path " 1857 1�- Sy SUPPLEMENTAL PRICING 1. Pulverized Topsoil Delivered, Placed and Fine Graded. Per Cubic Yard $ Project hta++++al Shamrock Fangs Park Development JanuanJ 4,2006 PaseI3 MCHENRY PARKS AND RECREATION SHAMROCK FARMS PARK ESTIMATE OF POSSIBLE COST CITY UNIT UNIT PRICE LINE TOTAL Earthwork and Excavation 1 LS Lump Sum $ 40,000.00 Silt Fence 420 LF $ 3.75 $ 1,575.00 Tree Protection Fence 225 LF $ 2.50 $ 562.50 Asphalt Parking Lot 3922 SY $ 26.00 $ 101,972.00 8'Wide Asphalt Pathway 1857 SY $ 22.00 $ 40,854.00 Concrete Curb 1015 LF $ 25.00 $ 25,375.00 Concrete Shelter Pad and Flatwork 5029 SF $ 6.00 $ 30,174.00 Basketball Court Pavement 667 SY $ 26.00 $ 17 342.00 Basketball Court Color Coating 6671 SY $ 5.00 $ 3,335.00 Provide and Install Basketball Goals 2 EA $ 1,250.00 $ 2,500.00 Provide Picnic Shelter 1 LS Lump Sum $ 21,320.00 Install Picnic Shelter 1 LS Lump Sum $ 7,462.00 Ball Mix 641 CY $ 34.30 $ 21 986.30 16' Backstops 2 EA $ 5,000.00 $ 10,000.00 6' Fencing 592 LF $ 25.00 $ 14,800.00 Playground Concrete Curb 284 LF $ 24.00 $ 6,816.00 Provide Playwound Equipment 1 LS Lump Sum $ 60,000.00 Install Playground Equipment 1 LS Lump Sum $ 24,000.00 Playground Safety Surfacing and Drainage Gravel 780 SY $ 22.00 $ 17,160.00 6'x 6'Gravel Pit 1 EA $ 800.00 $ 800.00 21' Players Benches 4 EA $ 750.00 $ 3,000.00 Provide and Install Benches including ad 4 EA $ 1,200.00 $ 4,800.00 Provide and Install Trash Receptacles including ad 4 EA $ 900.00 $ 3,600.00 Provide and Install Bike Rack 1 EA $ 1,000.00 $ 1,000.00 4" PVC Conduit/Sleeves 240 LF $ 10.00 $ 2,400.00 Solid Drain Pie 10 LF $ 10.00 $ 100.00 Perf. Drain Pie 182 LF $ 10.00 $ 1,820.00 Landscape Planting 1 LS Lump Sum $ 1,000.00 Transplanted Trees 5 EA $ 750.00 $ 3,750.00 24"Catch basin with frame and grate 1 EA $ 2,000.00 $ 2,000.00 12"Concrete Pipe and Connection to Existing 106 LF $ 80.00 $ 8,480.00 Sod and Seed Restoration 1 LS Lump Sum $ 5,000.00 Sign Installation 1 LS Lump Sum $ 1,000.00 Wheel Stops 7 EA $ 100.00 $ 700.00 Handicap Parking Si na e 5 EA $ 250.00 $ 1,250.00 Subtotal $ 445 796.30 10%Contin enc $ 44 579.63 Professional Fees $ 36 875.00 Total Proiect Cost I $ 52722 Alternate Concrete 16713 SF 1 $ 6.00 $ 100,278.00 Delete Asphalt Paths 18571 SY 1 $ 22.00 $ 40,854.00 Total including Alternate#1 $ 586.674.M City Installing Drinking Fountain,3 Quick Couplers,Water Line Extension,5 Row 15'Low Rise Bleachers and Future Trees. Fencing and Landscaping Around Utilities by Others. Note:Since 3D Design Studio has no control over the Contractor's means or methods of determining prices or over the Competitive Bidding process or market conditions,our Estimate of Possible Cost,as provided herein,is made on the basis of experience and qualifications and represent the best judgment as a Design Professional familiar with the construction industry.3D Design Studio cannot and does not guarantee proposals,bids or the construction costs will not vary from Estimates of Possible Cost prepared for the Owner. Prepared By 3D Design Studio 1/25/2006 PROJECTED�iEn PARK TTl j]T. Z m�T !lT)TT) 71llAT A TTIIAT[ti Single Family Homes—531 Total %z- 2 Bedroom 265 x $3,310.00 = $ 887.150.00 %-3 Bedroom 265 x$4,759.00 = $1,261,135.00 Single Family Total: $21138,285.00 Multi-Family Homes—240 Total 1/2-2 Bedroom 120 x$3,267.00 = $ 392,040.00 1/Z-3 Bedroom 120 x$3,926.00 = $ 471,120.00 Multi Family Total: $ 863,160.00 Single Family $2,138,285.00 Multi Family $ 863,160.00 Total Park Developer Donation: $3,001,445.00 Projection assumes 50150 split between 2 bedroom and 3 bedroom units. No 4 bedroom units are included in this projection. Developer donation fees are based on current rate. Rates are adjusted annually and will increase in future years. /Pete/Shamrock Farm/Projected Developer Donations s AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Daniel J. Marcinko,Director of Public Works FOR: January 30,2006 Regular City Council Meeting RE: Water Supply Well No. 13 ATTACHMENTS: Engineering Service Agreement from Smith Engineering Consultants, Inc. Background. In the past year, the City finished drilling Well No. 13 located adjacent to Dartmoor Drive in the Legend Lakes Subdivision. Once the well was complete, water samples were taken to determine levels of bacterial and chemical contaminants. Unfortunately, radium and barium levels were discovered to be above the Illinois Environmental Protection Agency's maximum contaminant level. Additional treatment of these contaminants will be necessary prior to distribution of the water. Neither radium nor barium are found in any of the city's existing shallow wells but is a typical occurrence in deep wells in the region. Analysis. Smith Engineering Consultants, Inc. (SEC)has submitted an Engineering Service Agreement for a cost comparison analysis for providing treatment for Well No. 13 in an amount not to exceed $15,720. The proposed engineering service agreement from SEC will provide an analysis of the options available for the treatment of radium and barium in Well No. 13. Additionally, the report will provide a capital cost and tentative schedule for each treatment system. Based on the findings SEC will provide a final recommendation to the City for use in making the decision on the treatment options. Due to the variety of technical skills necessary in analyzing each treatment option for Well No. 13, staff recommends entering into an engineering service agreement with SEC. The proposed services are described in detail in the attached engineering service agreement from SEC. This item has not been budgeted but is a preliminary cost for the water treatment plant planned for the Legend Lakes subdivision. Once the analysis is complete, a project budget will be determined and included in the request for the 2006/07 fiscal year. For the current year however, this request will require a budget amendment of $16,000 in the Utility Improvements Fund(funding through Capital Development Fees). Recommendation. Staff recommends the following: 1) A budget amendment to the Utility Improvements Fund in the amount of $16,000 for engineering services for Water Plant #5; and, 2) Approval of the Engineering Service Agreement from SEC for the treatment cost comparison study and analysis for the Water Supply Well No. 13 in an amount not to exceed $15,720. Smith Engineering Consultants, Inc. Civil/Structural Engineers and Surveyors NOV PROPOSAUAGREEMENT for ENGINEERING The City of McHenry Deep Well Treatment Cost Comparison Study and Analysis Mr. Daniel J. Marcinko Director of Public Works City of McHenry 333 S. Green Street McHenry, Illinois 60050 Phone: (815) 363-2190 Fax: (815) 363-2173 SEC Job No.: MCHE-051047-2 Engineering November 23, 2005 4500 Prime Parkway,McHenry,IL 60050 www.srnithengineering.com Telephone 815.385.1778 Fax 815.385.1781 Mr.Daniel J.Marcinko City of McHenry Deep Well Treatment Cost Comparison Study and Analysis SEC Job No.:MCHE-051047-2 November 23,2005 Page 2 of 7 I. Project Understanding The City of McHenry recently completed the installation of a deep well (Well No. 13) to enhance their source of supply in the City. The well(Well No. 13)is located off Dartmoor and Curran Road in Shamrock Farms Park. After the well was completed, a 24-hour pump test was performed and samples were taken for a complete analysis of water quality constituents. After the results were received, two specific contaminants were discovered. They included Radium at 13.45 pci/L(Radium 226 and 228 combined) and Barium at 5.0 mg/l. Both are well above the maximum contaminant levels (MCL's) and require removal before being introduced into the system. The City is now looking for a report that summarizes the two most prevalent treatment technologies available for the treatment of radium and barium in Well No. 13. They include conventional Ion Exchange and Water Remediation Technology's (WRT) proprietary treatment system. The report will summarize each treatment technology; provides capital costs for the construction and installation of each technology,including a tentative schedule for design,construction and final startup;summarize operation and maintenance costs for the systems, discuss the advantages and disadvantages of each technology, and provide a final recommendation for the City to use in making a final decision on treatment. II. Scope of Services A. The following tasks are needed for the completion of the Cost Comparison Analysis and Report for providing treatment for Well No. 13. They include: 1) Collect water quality data from the 24-hour pumping test and provide this information to the manufacturers of Ion Exchange and WRT System. 2) Collect well log information for the completed well to determine water depth and provide details for preliminary sizing of pumps and treatment systems. 3) Collect site plan and details for the park;including closest water main,its size,and type of facility the City desires. 4) Discuss expected well operations;including how and when the well will be operated in order to properly size the treatment systems. 5) Provide manufacturer's representatives with water quality,flow data,and expected mode of operation to begin the process of providing preliminary design layout and floor plan for proposed treatment system. Mr.Daniel J.Marcinko City of McHenry Deep Well Treatment Cost Comparison Study and Analysis SEC Job No.:MCHE-051047-2 November 23,2005 Page 3 of 7 6) Work with manufacturer's representative to get floor plan drawings and details to delineate the system that is being proposed and what the expected effluent quality of the treatment equipment will be. 7) Set-up site tours at two separate facilities to give the City and its operators a chance to view Ion Exchange and WRT.Systems m operation and have an opportunity to talk with operators about the equipment,its operation,maintenance,and concerns. The tours can occur in one day or on separate days so as to provide enough time for full discussions at each facility. 8) Obtain expected equipment layouts for each technology and develop expected footprints for each treatment technology. The layouts should include a complete equipment listing of what will be included in the overall installation. It is SEC's understanding that Well No. 12 is also located at Shamrock Farms Park.The City, as part of this analysis,is looking for the proposed footprint to include space for iron removal from Well No.12,and also, for chemical addition as necessary to provide finished water to City's distribution system. 9) Collect water quality data from Well No. 12 to forward to manufacturer's of Iron removal equipment so as to get preliminary sizing and design of equipment needed. Obtain floor plan and details of equipment needed for this installation and incorporate into final footprint for proposed treatment technologies. 10)Develop Preliminary Facility Layout for each technology utilizing equipment layout and details provided by manufacturers. Layout will also include iron removal equipment,basic chemical feed equipment,and general electrical equipment layout. 11) Summarize theory,capital costs,operation and maintenance costs,preliminary floor plans, discussions of advantages and disadvantages for each treatment technology, and a preliminary recommendation in a draft letter report to be submitted to the City for review and comment. Five(5)copies of the report will be submitted. 12)Meet with the City to present the Draft Report and incorporate any comments into Final Report to be submitted to the City. 13)Finalize report and provide five(5)copies for City. 14)Attend Council Meeting to present results of report. Mr.Daniel J.Marcinko City of McHenry Deep Well Treatment Cost Comparison Study and Analysis SEC Job No.:MCHE-051047-2 November 23,2005 Page 4 of 7 B. Administration/Coordination 1. This item includes general administrative tasks associated with the proposal. 2. Conduct general coordination throughout the project with the City of McHenry. C. Deliverables Deliverables included in this contract are: 1. Draft Report: Five (5) copies of the draft report will be provided to the City for review and comment. 2. Report: Five(5) copies of the final report will be provided to the City. III. Man-Hour & Fee Summary Based upon our understanding of the project as detailed in this contract, the following is a summary of man-hours and costs associated with the project. This Contract will be completed as a Time and Material,Not to Exceed Contract. ITEM TASK MAN- LABOR DIRECT COST HOURS COST Engineering Data Collection 8 $780.00 $25.00 Conceptual Engineering 38 $4,200.00 $400.00 Preliminary Engineering 67 $6,475.00 $200.00 Subtotal: 113 $11,455.00 $625.00 Meetings 3 Meetings 28 $3,640.00 $0.00 Subtotal: 28 $3,640.00 $0.00 Totals: 141 $15,095.00 $625.00 Contract $15,720.00 Total: Mr.Daniel J.Marcinko City of McHenry Deep Well Treatment Cost Comparison Study and Analysis SEC Job No.:MCHE-051047-2 November 23,2005 Page 5 of 7 IV. ADDITIONAL CONTRACT UNDERSTANDING Extra Work Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and Material basis with prior written approval of the CITY OF MCHENRY. Outside Consultants SMITH ENGINEERING CONSULTANTS,INC.(SEC)is not responsible for accuracy of any plans,surveys or information of any type including electronic media prepared by any other consultants,etc.provided to SEC for use in preparation of plans. SEC is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated in the Scope of Work. Attorneys'Fees In the event of any mediation arising from or related to the services provided under this AGREEMENT,the prevailing party will be entitled to recovery of all reasonable costs incurred,including staff time,court costs,attorneys'fees and other related expenses. Job Site Safety Neither the professional activities of SEC,nor the presence of SEC=s employees and subconsultants at a construction site,shall relieve the General Contractor and any other entity of their obligations,duties and responsibilities including, but not limited to,construction means,methods,sequence,techniques or procedures necessary for perfomring, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. SEC and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CITY OF MCHENRY agrees that the General Contractor is solely responsible for job site safety,and warrants that this intent shall be made evident in the CITY OF MCHENRY AGREEMENT with the General Contractor. The CITY OF MCHENRY also agrees that the CITY OF MCHENRY,SEC and SEC's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. Reuse of Documents All project documents including,but not limited to,plans and specifications furnished by SEC under this project are intended for use on this project only. Any reuse,without specific written verification or adoption by SEC,shall be at the CITY OF MCHENRY's sole risk,and CITY OF MCHENRY shall indemnify and hold harmless SEC from all claims,damages and expenses including attorneys fees arising out of or resulting therefrom. Design Information in Electronic Form Because CADD information stored in electronic form can be modified by other parties,intentionally or otherwise, without notice or indication of said modifications,SEC reserves the right to remove all indicia of its ownership and/or involvement in the material from each electronic medium not held in its possession. The CITY OF MCHENRY shall retain copies of the work performed by SEC in CADD form only for information and use by the CITY OF MCHENRY for the specific purpose for which SEC was engaged. Any use or reuse of original or altered CADD design materials by the CITY OF MCHENRY,agents of the CITY OF MCHENRY,or other parties without the review and written approval of SEC shall be at the sole risk of the CITY OF MCHENRY. ' Mr.Daniel J.Marcinko City of McHenry Deep Well Treatment Cost Comparison Study and Analysis SEC Job No.:MCHE-051047-2 November 23,2005 Page 6 of 7 Dispute Resolution All claims,disputes or controversies arising out of,or in relation to the interpretation,application or enforcement of the AGREEMENT shall be decided through Mediation,in accordance with American Arbitration Rules. The parties further agree that the CITY OF MCHENRY will require,as a condition for participation in the project and their AGREEMENT to perform labor or services,that all Contractors,Subcontractors,Sub-subcontractors and Material Persons,whose portion of work amounts to five thousand dollars($5,000)or more,and their insurers and sureties shall agree to this procedure. Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These work items are considered extra and are billed separately on an hourly basis. Payment 1. All work will be invoiced on a monthly basis. All invoices shall be paid within 30 days of the invoice date. Additionally,all outstanding invoices must be paid in full before Final Plats of Subdivision will be submitted for recording or record drawings are submitted to municipalities for final approval. Should the CITY OF MCHENRY fail to pay for professional services hereunder,as billed within 45 days of such billing,SEC shall be excused from rendering any further services under this project. No work shall be signed or sealed until payment in full is received. 2. This AGREEMENT shall not be enforceable by either party until each has in its possession a copy of this AGREEMENT signed by the other. Time Limit This AGREEMENT must be executed within thirty(30)days of the composition date to be accepted under the terms set forth herein. This contract shall expire one year from date of execution. Mr.Daniel J.Marcinko City of McHenry Deep Well Treatment Cost Comparison Study and Analysis SEC Job No.:MCHE-051047-2 November 23,2005 Page 7 of 7 We sincerely appreciate this opportunity to offer our services. If this AGREEMENT merits your approval and acceptance,please sign both copies,retain one(1)copy for your files and return one (1) to our office. This AGREEMENT is approved and accepted by the Client and Consultant upon both parties signing and dating the AGREEMENT. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, SMITH ENGINEERING CONSULTANTS, INC. Kevin M. Flood, P.E. Senior Civil Engineer Approved by: 161 44Q,�- Robert J. Wegene ,P.E. Chief Executive Officer/President KMF/CJP/saz CLIENT: Accepted by: Printed/Typed Name: Title: Date: Client: N:1Joln\Smitht2005\051047 MCHE-Deep Well Treatment\A6min4n-Ation\contract\Project Work Proposal-Deep Well Treatment Cost conVarison-cjp-I 11605.doc AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Doug Mazeiner,City Administrator (� FOR: January 30,2006 Regular City Council Meeting RE: Engineering Services Agreement to Pursue Congestion Mitigation Air Quality(CMAQ)and Highway Safety Improvement Program (HSIP) Funds for the Improvements to Miller Road from Illinois Route 31 to Green Street Background. As discussed during the CIP workshop meeting on January 160',the City has obtained significant commitments for grants from the Federal Government for improvements to the intersection of Rt. 31 and Bull Valley/Miller Road and to Miller Road from Rt. 31 east to Green Street. There are time constraints on spending the funds requiring a fairly ambitious project schedule. Significant additional grant funds may be available for this multimillion dollar project (roughly estimated at$8 million). The attached engineering services agreement with SEC is for the preparation, submission and follow-through of grant requests for CMAQ and HSIP funds. The agreement is for an estimated$10,390. Analysis. Work on this project has not been budgeted in the 2005/06 fiscal year. Consequently, a budget amendment to the Capital Improvements Fund(General Fund source) will be required. Recommendation. Staff requests the following: 1)A budget amendment to the Capital Improvements Fund in the amount of$12,000 for engineering services for the Miller Road project from Route 31 east to Green Street; and,2)Approval of the engineering services agreement with SEC for$10,390 to prepare, submit and follow through on funding requests for CMAQ and HSIP funds for the Miller Road project. PROPOSAL/AGREEMENT FY 07 CONGESTION MITIGATION AIR QUALITY (CMAQ) HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) APPLICATIONS Prepared for: Mr. Daniel Marcinko City of McHenry 333 South Green Street McHenry, Illinois 60050 Phone: 815-363-2185 Fax: 815-363-2173 Miller Road Illinois Route 31 to Green Street Job No. MCHE-060034-02 January 17, 2006 Prepared by: Patrick J. Pechnick, P.E. Principal Reviewed by: Steve Bicking, P.E. Director of Office Operations Mr. Daniel Marcinko City of McHenry CMAQ and HSIP Applications for Miller Road Illinois Route3l to Green Street Job No. MCHE 060034-02 January 17, 2006 Page 2 Project Description The general scope of work for this contract will include the required coordination, application preparation, and submittal of a FY 07 Congestion Mitigation Air Quality(CMAQ) application and a FY 07 Highway Safety Improvement Program (HSIP) application for the portion of the Miller Road proj ect from Illinois Route 31 to Green Street. There are no guarantees that the City would receive this funding,but the City would like to apply for this funding to offset the project costs. Specific Sc©pe of Work The specific scope includes the following: 1. Specific Work a. Coordination with CATS and IDOT which are the funding administrators. b. Completion of a FY 07 CMAQ application for intersection improvements of Miller Road at Illinois Route 31 and Miller Road at Green Street. Given the close proximity of the two intersections, this will be a single application. This submittal includes the FY 07 application, narrative, capacity analysis, quantity takeoff, opinion of probable cost, exhibits, and obtaining other required miscellaneous information. c. Completion of a FY 07 HSIP application for intersection improvements of Miller Road at Illinois Route 31 and Miller Road at River Road. Given the close proximity of the two intersections, this will be a single application. This submittal includes the FY 07 application,calculation of benefits,calculation on annualized costs,determination of and preparation of accident summary exhibits. d. Project Administration/Coordination/Meetings Internal quality control, invoicing, client coordination, and correspondence with various agencies. Agency coordination meetings anticipated with the City of McHenry, McHenry County, IDOT and CATS (one meeting at each agency). Mr.Daniel Marcinko City of McHenry CMAQ and HS1P Applications for Miller Road Illinois Route3l to Green Street Job No.MCHE 060034-02 January 17,2006 Page 3 Smith Engineering Consultants, Inc. (SEC) shall furnish one (1) copy of the final application to the City, County and CATS. The application to CATS will be hand delivered. The following assumptions have been made to estimate a maximum fee: 1. New traffic counts will not be obtained. 2. Accident data will be furnished by the City and County. 3. SEC will coordinate directly with IDOT to obtain any available information that would assist with the application. Nan-amour And' Fee Summary Based upon our understanding of the project, it is anticipated that 80 hours will be required to complete the applications. The contract shall be a cost plus not to exceed contract. The following summary indicates the man-hours associated with the project: ITEM MAN-HOURS , LABOR COST: DIRElwT COST One (1) Traffic Flow Improvements CMAQ 38 $4,670.00 -0- Application One (1) Highway Safety Improvement Program (HSIP) 10 $1,650.00 -0- Application Project Administration/ 28 $3,890.00 $180.00 Coordination/Meetings Sub-Total 76 $10,210.00 $180.00 TOTAL $10,390.00 Mr. Daniel Marcinko City of McHenry CMAQ and HSIP Applications for Miller Road Illinois Route3l to Green Street Job No. MCHE 060034-02 January 17, 2006 Page 4 Extra Work Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and Material basis with prior written approval of the CITY OF MCHENRY. Outside Consultants SMITH ENGINEERING CONSULTANTS,INC.(SEC)is not responsible for accuracy of any plans,surveys or information of any type including electronic media prepared by any other consultants,etc.provided to SEC for use in preparation of plans. SEC is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated in the Scope of Work. Construction Review(Without Design) It is agreed that the professional services of SEC are limited to a review and observation of the work of the contractor to ascertain that such work substantially conforms to the design intent and the contract documents. Design Without Construction Review It is agreed that the professional services of SEC do not extend to or include the review or site observation of the contractor's work or performance. SEC agrees to be responsible for its'employees negligent acts,errors or omissions. Construction Observation SEC shall visit the project at appropriate intervals(as described in the scope of services)during construction to become generally familiar with the progress and quality of the contractors'work and to determine if the work is proceeding in general accordance with the Contract Documents. The CITY OF MCHENRY has not retained SEC to make detailed inspections or to provide exhaustive or continuous project review and observation services. SEC does not guarantee the performance of,and shall have no responsibility for, the acts or omissions of any contractor,subcontractor,supplier or any other entity furnishing materials or performing any work on the project. If the CITY OF MCHENRY desires more extensive project observation or full-time project representation,the CITY OF MCHENRY shall request such services be provided by SEC as Additional Services in accordance with the terms of the Agreement. Attorneys'Fees In the event of any mediation arising from or related to the services provided under this AGREEMENT,the prevailing party will be entitled to recovery of all reasonable costs incurred,including staff time,court costs,attorneys'fees and other related expenses. Job Site Safety Neither the professional activities of SEC,nor the presence of SEC's employees and subconsultants at a construction site,shall relieve the General Contractor and any other entity of their obligations,duties and responsibilities including,but not limited to,construction means,methods,sequence,techniques or procedures necessary for performing,superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. Mr.Daniel Marcinko City of McHenry CMAQ and HSIP Applications for Miller Road Illinois Route3l to Green Street Job No. MCHE 060034-02 January 17, 2006 Page 5 SEC and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CITY OF MCHENRY agrees that the General Contractor is solely responsible for job site safety,and warrants that this intent shall be made evident in the CITY OF MCHENRY AGREEMENT with the General Contractor. The CITY OF MCHENRY also agrees that the CITY OF MCHENRY,SEC and SEC's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. Reuse of Documents All project documents including,but not limited to,plans and specifications furnished by SEC under this project are intended for use on this project only. Any reuse,without specific written verification or adoption by SEC,shall be at the CITY OF MCHENRY's sole risk,and CITY OF MCHENRY shall indemnify and hold harmless SEC from all claims,damages and expenses including attorneys fees arising out of or resulting therefrom. Design Information in Electronic Form Because CADD information stored in electronic form can be modified by other parties,intentionally or otherwise,without notice or indication of said modifications,SEC reserves the right to remove all indicia of its ownership and/or involvement in the material from each electronic medium not held in its possession. The CITY OF MCHENRY shall retain copies of the work performed by SEC in CADD form only for information and use by the CITY OF MCHENRY for the specific purpose for which SEC was engaged. Any use or reuse of original or altered CADD design materials by the CITY OF MCHENRY,agents of the CITY OF MCHENRY,or other parties without the review and written approval of SEC shall be at the sole risk of the CITY OF MCHENRY. Dispute Resolution All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of the AGREEMENT shall be decided through Mediation,in accordance with American Arbitration Rules. The parties further agree that the CITY OF MCHENRY will require, as a condition for participation in the project and their AGREEMENT to perform labor or services,that all Contractors, Subcontractors, Sub-subcontractors and Material Persons,whose portion of work amounts to five thousand dollars($5,000)or more,and their insurers and sureties shall agree to this procedure. Hazardous Materials It is acknowledged by both parties that SEC's scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event SEC or any other party encounters asbestos or hazardous or toxic materials at the job site,or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of SEC's services,SEC may,at its option and without liability for consequential or any other damages,suspend performance of services on the project until the CITY OF MCHENRY retains appropriate specialist consultant(s)or contractor(s)to identify,abate and/or remove the asbestos or hazardous or toxic materials,and warrant that the job site is in full compliance with applicable laws and regulations. Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These work items are considered extra and are billed separately on an hourly basis. f Mr.Daniel Marcinko City of McHenry CMAQ and HSIP Applications for Miller Road Illinois Route3l to Green Street Job No. MCHE 060034-02 January 17,2006 Page 6 Payment 1. All work will be invoiced on a monthly basis. All invoices shall be paid within 30 days of the invoice date. Additionally, all outstanding invoices must be paid in full before Final Plats of Subdivision will be submitted for recording or record drawings are submitted to municipalities for final approval. Should the CITY OF MCHENRY fail to pay for professional services hereunder,as billed within 45 days of such billing, SEC shall be excused from rendering any further services under this project. No work shall be signed or sealed until payment in full is received. 2. This AGREEMENT shall not be enforceable by either party until each has in its possession a copy of this AGREEMENT signed by the other. Time Limit This AGREEMENT must be executed within thirty(30)days of the composition date to be accepted under the terms set forth herein. This contract shall expire one year from date of execution. Mr.Daniel Marcinko City of McHenry CMAQ Application for Illinois Route3l at Illinois Route 120 Job No. MCHE-040052-7 February 16, 2004 Page 7 We sincerely appreciate this opportunity to offer our services. If this AGREEMENT merits your approval and acceptance, please sign both copies, retain one copy for your files and return one to our office. Sincerely, SMITH ENGINEERING CONSULTANTS, INC. Patrick J. Pechnick, P.E. Principal Enclosure Approved by: Title: CEO/President Date: Accepted by: Title: Date: Client: pp60117_MCHE 060034-02 Contract.doc