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Packet - 12/04/2006 - City Council
City of McHenry 333 South Green Street _ www.ci.mchenry.il.us McHenry, Illinois 60050-5495 AGENDA Mayor's Office REGULAR CITY COUNCIL MEETING (815) 363-2108 Monday, December 4, 2006, 7:30 PM w ,, Fax (815) 363-2119 ' Clerk's Office 1 Call to Order (815)363-2100 Fax(815)363-2128 2 Roll Call y Administration (815)363-2108 3• Pledge of Allegiance Fax(815)363-2119 4. Public Hearing for the purpose of issuing $5,300,000 in Community Facility Revenue Bonds Public Works (501(c)(3)/Family Service and Community Health Center for McHenry County Project, and upon Community close of the Public Hearing, vote on A Resolution Authorizing the Issuance of Community Development Facility Revenue Bonds (Family Service and Community Mental Health Center for McHenry (815)363-2170 County Project), Series 2006 of the City of McHenry, Illinois; Authorizing the Issuance of the Fax(815)363-2173 Bonds; Providing for the Pledge of Revenues for the Payment of the Bonds; Authorizing a Bond and Loan Agreement, a Tax Regulatory Agreement and Other Agreements Appropriate for the Parks and Recreation Protection and Disposition of Such Revenues and to Further Secure the Bonds; and Authorizing (815)363-2160 Other Actions in Connection with the Issuance of the Bonds Fax(815)363-3186 Police Non-Emergency 5. Public Hearing for the City of McHenry, Illinois Tax Levy Ordinance for the year 2006 and (815)363-2200 upon close of the Public Hearing, consideration of and action on the 2006 Tax Levy Fax(815)363-2149 Ordinance 6. Public Input Session — 10 Minute Limitation Mayor Susan E.Low 7. Consent Agenda: A. Annual Inflation Adjustment for Water and Sewer Rates; City Clerk B. Final Pay Request: Greg Greenhill Construction Co., Whispering Oaks Walk Paths, $59,000; Janice C.Jones C. Final Pay Request: IDOT, State Route 120 Improvements project, $19,447.28; and D. Recommendation for reduction in Letter of Credit No. 03-061 Prairie Pointe Business Park. Treasurer David M.Welter 8, Year 2007 Local Share Agreement for PACE Dial-a-Ride Service Aldermen g, Local Agency Agreement with IDOT for Federal participation for Charles J. Miller Road improvements; and, Phase I Engineering Services Agreement with SEC Group not to exceed WARD 1 g882,000 Victor A. Santi WARD 2 10. Ordinance for the Abatement of Various Bond Issues Andrew A.Glab 11. Mayor — Statement and Reports WARD 3 Jeffrey A. Schaefer 12. Committee Reports WARD 4 13. Staff Reports Steven C.Murgatroyd 14. Future Agenda Items WARD.5 Richard W.Wimmer 15. Executive Session: Potential Litigation WARD 6 16. Adjournment Robert J.Peterson Posted and Mailed: November 29, 2006 WARD 7 Geri A.Condon c PUBLIC HEARING TO: Mayor and City Council FROM: Chris Black,Finance Director FOR: December 4,2006 Regular Council Meeting RE: Truth in Taxation Public Hearing and the 2006 Tax Levy Ordinance Background. The attached information regarding the 2006 Property Tax Levy was presented to the Council at the November 13, 2006 Regular City Council Meeting. As required by law, the City Council discussed at that meeting the estimated tax levy and set a date of December 4, 2006 for the required public hearing. Notice for the scheduled hearing was published on November 22nd in the Northwest Herald. The City Council can consider the Tax Levy Ordinance at any time after the closure of the public hearing. The Tax Levy Ordinance must be filed by the last Tuesday of December. With the altered schedules and office hours due to the holidays,it would be best if the City Council considered the tax levy ordinance early to allow time for administrative processing. After the public hearing, staff will outline the proposed tax levy, explain the request for the increase, and field any questions presented by the City Council or public. Upon closure of the public hearing, staff is requesting approval of the attached tax levy ordinance. Recommendation. Staff recommends the following: 1) conducting the required public hearing; and 2)consideration and approval of the 2006 Tax Levy Ordinance as presented. Ordinance No. ORD-06-1347 THE ANNUAL TAX LEVY ORDINANCE OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS,FOR THE FISCAL YEAR BEGINNING MAY 1,2006 AND ENDING APRIL 30,2007 WHEREAS, the City Council of the City of McHenry, McHenry County, Illinois, did on the 22°d day of May, 2006, pass the Annual Appropriation Ordinance for the City for the fiscal year beginning May 1, 2006 and ending April 30, 2007, the amount of which is ascertained to be the aggregate sum of Forty Five Million, Nine Hundred Twenty Five Thousand, Seven Hundred Fifty Five Dollars ($45,925,755) which said Annual Appropriation Ordinance was duly published in pamphlet form on May 22, 2006, and a certified copy thereof filed with the County Clerk of McHenry County, Illinois on June 8, 2006. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ]LLINOIS, as follows: SECTION 1. That there be and is hereby levied upon all taxable property within the corporate limits of the City of McHenry, Illinois, subject to taxation for the year 2006, the sum of $4,252,913.00 (Four Million Two Hundred Fifty-Two Thousand Nine Hundred Thirteen Dollars and no cents) for the following specific purposed designated in said Annual Appropriation Ordinance, and in the respective sums as follows: 2006-07 Appropriation Ordinance 2006-07 Property Tax Appropriation Levy Amount GENERALFUND Administration(100.01) 4010 Salaries-Regular $ $ 392,800 4050 Overtime-Regular 1,700 4190 Salary Adjustments 12,900 4220 Board&Commission Expense 68,200 4310 Health/Life Insurance 66,400 4320 Dental Insurance 3,900 4410 FICA/Medicare 31,200 4420 IMRF Retirement 41,700 4510 Uniform Allowance 900 5110 Contractual Services 372,600 5230 Legal Fees 228,900 5310 Postage and Meter 300 5320 Telephone 6,900 5330 Printing and Publishing 11,500 5410 Dues 15,200 5420 Travel Expenses 1,900 5430 Training 2,700 5440 Tuition Reimbursements 600 5450 Publications 2,000 6210 Office Supplies 4,600 6940 Administrative Expenses 36,500 9920 Purchase Service-Risk Management 45,447 9922 Purchase Service-Information Technology 13,595 9942 Transfer-Capital Improvements Fund 75,000 Total Administration Office 1,437,442 Elected Officials(110.02) 4010 Salaries-Regular 73,400 4050 Overtime-Regular 900 4190 Salary Adjustments 2,500 4210 Salaries-Elected Officials 62,200 4310 Health/Life Insurance 12,600 4320 Dental Insurance 800 4410 FICA/Medicare 10,700 4420 IMRF Retirement 9,200 4510 Uniform Allowance 500 5110 Contractual Services 300 5310 Postage and Meter 11,000 5320 Telephone 4,600 5330 Printing and Publishing 17,300 5410 Dues 1,900 5420 Travel Expenses 600 5430 Training 7,800 5450 Publications 200 6110 Materials and Supplies 2,100 6210 Office Supplies 2,100 6910 Employee Recognition 11,100 6940 Administrative Expenses 30,300 9922 Purchase Service- Information Technology 8,371 Total Elected Officials 270,471 1 2006-07 Appropriation Ordinance 2006-07 Property Tax Appropriation Levy Amount Community Development Department(100.03) 4010 Salaries-Regular 579,200 4050 Overtime-Regular 1,800 4190 Salary Adjustments 19,200 4310 Health/Life Insurance 131,300 4320 Dental Insurance 6,800 4410 FICA/Medicare 45,900 4420 IMRF Retirement 62,200 4510 Uniform Allowance 3,700 5110 Contractual Services 31,000 5310 Postage and Meter 2,100 5320 Telephone 9,800 5330 Printing and Publishing 7,500 5370 Repair and Maintenance-Vehicles 2,900 5410 Dues 1,800 5420 Travel Expenses 3,500 5430 Training 4,100 5440 Tuition Reimbursements 900 5450 Publications 4,600 1000 Materials and Supplies 1,200 6210 Office Supplies 5,800 6250 Fuel and Lubricants 5,800 6270 Small Tools and Equipment 600 8200 Capital-Building Improvements 3,500 8400 Capital-Vehicles 15,000 9920 Purchase Service-Risk Management 27,783 9922 Purchase Service- Information Technology 23,108 Total Community Development Department 1,001,091 Finance Department(100.04) 4010 Salaries-Regular 380,200 4090 Salary Adjustments 12,600 4310 Health/Life Insurance 56,800 4320 Dental Insurance 3,500 4410 FICA/Medicare 30,100 4420 IMRF Retirement 40,700 4510 Uniform Allowance 2,900 5110 Contractual Services 5,800 5310 Postage and Meter 20,700 5320 Telephone 5,800 5330 Printing and.Publishing 11,100 5410 Dues 1,000 5420 Travel Expenses 1,800 5430 Training 1,800 5440 Tuition Reimbursements 2,100 5450 Publications 300 6110 Materials and Supplies 24,100 6210 Office Supplies 7,500 9904 Debt Service Transfer 451,991 9922 Purchase Service-Information Technology 24,483 Total Finance Department 1,085,274 Police Commission(100.21) 4220 Salaries-Boards and Commissions 1,600 5110 Contractual Services 8,100 5330 Printing and Publishing 3,500 5420 Travel Expenses 600 5430 Training 1,200 5450 Publications 600 Total Police Commission 15,600 2 2006-07 Appropriation Ordinance 2006-07 Property Tax Appropriation Levy Amount Police Department(100.22) 4010 Salaries-Regular 871,500 4020 Salaries-Sworn 3,683,900 4030 Salaries-Part Time 69,000 4050 Overtime-Regular 17,300 4055 Overtime-Sworn 166,800 4080 Career Ladder 40,300 4090 Salary Adjustments 34,700 4310 Health/Life Insurance 707,800 4320 Dental Insurance 43,100 4410 FICA/Medicare 373,600 4420 IMRF Retirement 91,700 4430 Employer Contribution-Police Pension 595,800 4510 Employee Uniforms 48,700 5110 Contractual Services 86,500 5310 Postage and Meter 3,500 5320 Telephone 34,400 5370 Repair and Maintenance-Vehicles 57,700 5410 Dues 5,800 5420 Travel Expense 17,300 5430 Training Expense 57,500 5440 Tuition Reimbursement 8,700 5450 Publications 2,900 6110 Materials and Supplies 58,300 6210 Office Supplies 27,000 6250 Fuel and Lubricants 120,800 6270 Small Equipment 4,700 6310 Canine Unit 8,700 8300 Capital-Equipment 48,000 8400 Capital-Vehicles 121,900 8700 Capital-Furniture 5,200 9920 Purchase Service-Risk Management 173,461 9922 Purchase Service-Information Technology 124,320 Total Police Department 7,710,881 Public Works-Administration (100.30) 4010 Salaries-Regular 337,400 4050 Overtime-Regular 2,000 4190 Salary Adjustment 11,100 4310 Health/Life Insurance 67,800 5320 Dental Insurance 3,900 4410 FICA/Medicare 26,900 4420 IMRF Retirement 36,300 4510 Uniform Allowance 1,300 5110 Contractual Services 22,100 5310 Postage and Meter 2,200 5320 Telephone 5,200 3 2006-07 Appropriation Ordinance 2006-07 Property Tax Appropriation Levy Amount 5410 Dues 600 5420 Travel Expense 600 5430 Training 1,700 6210 Office Supplies 2,900 6270 Small Tools&Equipment 300 8300 Capital-Equipment 11,500 9920 Purchase Service-Risk Management 13,059 9922 Purchase Service- Information Technology 7,023 Total Public Works-Administration 553,882 Public Works-Streets Division (100.33) 4010 Salaries-Regular 1,204,200 4050 Overtime-Regular 74,800 4110 Salaries-Seasonal 26,500 4190 Salary Adjustment 73,200 4310 Health/Life Insurance 321,300 4320 Dental Insurance 16,700 4410 FICA/Medicare 105,500 4420 IMRF Retirement 140,100 4510 Uniforms 14,900 5110 Contractual Services 86,300 5320 Telephone 8,100 5370 Repair and Maintenance-Vehicles 89,200 5430 Training 1,200 5520 Street Lighting 241,500 6110 Materials and Supplies 212,800 6210 Office Supplies 1,500 6250 Fuel and Lubricants-Vehicles 86,300 6270 Small Tools and Equipment 4,100 6290 Safety Equipment and Supplies 1,800 8300 Capital-Equipment 24,700 8400 Capital-Vehicles 212,800 9920 Purchase Service-Risk Management 99,975 9922 Purchase Service- Information Technology 1,849 Total Public Works-Streets Division 3,049,324 Public Works-Building and Grounds(100.34) 4010 Salaries-Regular 134,600 4050 Overtime- Regular 8,700 4110 Salaries-Seasonal 13,800 4190 Salary Adjustment 9,400 4310 Health/Life Insurance 34,900 4320 Dental Insurance 1,500 4410 FICA/Medicare 12,800 4420 IMRF Retirement 15,900 4510 Uniforms 1,900 5110 Contractual Services 57,500 5320 Telephone 1,300 5430 Training 300 6110 Materials and Supplies 51,800 6210 Office Supplies 200 8200 Capital-Buildings 74,800 9920 Purchase Service-Risk Management 7,782 9922 Purchase Service- Information Technology 1,849 Total Public Works-Building and Grounds 429,031 4 2006-07 Appropriation Ordinance 2006-07 Property Tax Appropriation Levy Amount Parks and Recreation Department(100.41) 4010 Salaries-Regular 695,000 4030 Salaries-Part Time 36,500 4050 Overtime-Regular 15,000 4110 Salaries-Seasonal 333,500 4190 Salary Adjustment 34,900 4310 Health/Life Insurance 139,900 4320 Dental Insurance 8,400 4410 FICA/Medicare 85,300 4420 IMRF Retirement 81,000 4510 Uniform Allowance 11,500 5110 Contractual Services 218,500 5310 Postage and Meter 9,800 5320 Telephone 13,800 5330 Printing and Publishing 19,600 5370 Repair and Maintenance-Vehicles 10,400 5410 Dues 126,200 5420 Travel Expense 1,500 5430 Training 4,100 5440 Tuition Reimbursement 2,100 5450 Publications 300 5510 Utilities 45,800 6110 Materials and Supplies 155,300 6210 Office Supplies 4,100 6250 Fuel and Lubricants-Vehicles 17,300 6270 Small Tools&Equipments 600 6920 Special Events 41,400 6950 Forestry Expenses 34,500 8300 Capital-Equipment 32,700 8800 Capital-Park Improvements 133,400 9920 Purchase Service- Risk Management 57,036 9922 Purchase Service-Information Technology 28,827 Total Parks and Recreation Department 2,398,263 Total General Fund 17,951,259 Total Police Protection(Police Protection Levy) 7,245,581 517,856 Total Retirement Fund (FICA Levy) 722,000 532,900 Total Retirement Fund (IMRF Levy) 518,800 262,887 Total Risk Management Fund (Liab. Ins. Levy) 379,096 475,097 Total General Fund (General Corporate Levy) 9,464,878 1,824,127 Total General Fund 17,951,259 3,612,867 SPECIAL REVENUE FUNDS Tourism Fund(200) 5110 Contractual 13,800 6940 Administrative Expenses 41,600 Total Tourism Fund 55,400 Pageant Fund(205) 5110 Contractual 4,100 6110 Materials and Supplies 3,200 6940 Administrative Expenses 2,000 Total Pageant Fund 9,300 Band Fund(210) 5110 Contractual 25,300 6110 Materials and Supplies 2,300 Total Band Fund 27,600 6,335 5 2006-07 Appropriation Ordinance 2006-07 Property Tax Appropriation Levy Amount Civil Defense Fund(220) 5375 Repairs and Maintenance-Equipment 1,200 Total Civil Defense Fund 1,200 5,000 Audit Fund(230) 5110 Contractual Services 29,200 Total Audit Fund 29,200 26,922 Annexation Fund (260) 6970 Distribution Operating Fees 345,000 8100 Capital-Land Acquisition 1,092,500 9906 Transfer-Capital Improvement 650,000 Total Annexation Fund 2,087,500 Motor Fuel Tax Fund(270) 6110 Materials and Supplies 92,000 8600 Capital-Street Improvements 86,300 9904 Transfer-Debt Service 449,426 Total Motor Fuel Tax Fund 627,726 Developer Donation Fund (280) 6970 Distributions-Schools 862,500 6980 Distributions-Library District 74,800 6990 Distributions-Fire Protection District 74,800 Total Developer Donation Fund 1,012,100 Developer Donation Fund -Parks(280.14) 8800 Capital-Park Improvements 423,200 9902 Transfer-Rec Center Construction Fund 500,000 9942 Transfer-Capital Improvements 70,000 Total Developer Donation Fund-Parks 993,200 Tax Increment Fund(290) 5110 Contractual Services 172,500 8900 Capital-Other Improvements 2,990,000 Total Tax Increment Fund 3,162,500 DEBT SERVICE FUNDS Debt Service Fund(300) 7100 Bond Principal Payments 805,000 7200 Bond Interest Payments 384,700 7300 Paying Agent Fees 2,100 Total Debt Service Fund 1,191,800 Bond and Interest Fund(520) 7100 Bond Principal Payments 862,500 7200 Bond Interest Payments 43,600 7300 Paying Agent Fees 1,400 Total Bond and Interest Fund 907,500 6 2006-07 Appropriation Ordinance 2006-07 Property Tax Appropriation Levy Amount CAPITAL PROJECTS FUNDS Special Service Area#1A(420) 9904 Transfer-Debt Service 29,850 Total Special Service Area#1A 29,850 Special Service Area#4(424) 9901 Transfer-General Fund 16,339 Total Special Service Area#4 16,339 Capital Improvements Fund (440) 8600 Capital-Street Improvements 1,495,000 8900 Capital-Other Improvements 86,300 Total Capital Improvements Fund 1,581,300 ENTERPRISE FUNDS WATER/SEWER FUND Public Works-Water Division(510.31) 4010 Salaries-Regular 620,600 4050 Overtime-Regular 36,800 4110 Salaries-Seasonal 12,100 4190 Salary Adjustments 35,000 4310 Health/Life Insurance 138,800 4320 Dental Insurance 8,100 4410 FICA/Medicare 53,900 4420 IMRF Retirement 71,800 4510 Uniform Allowance 6,100 5110 Contractual Services 161,000 5310 Postage and Meter 2,300 5320 Telephone 11,000 5370 Repair and Maintenance-Vehicles 9,200 5410 Dues 600 5430 Training Expenses 3,500 5440 Tuition Reimbursement 2,100 5510 Utilities 191,500 6110 Materials and Supplies 514,100 6210 Office Supplies 1,500 6250 Fuel and Lubricants-Vehicles 21,900 6270 Small Tools and Equipment 2,900 8200 Capital-Buildings 28,800 8300 Capital- Equipment 11,500 8400 Capital-Vehicles 11,500 9920 Purchase Service-Risk Management 53,208 9921 Purchase Service-General Fund 71,732 9922 Purchase Service-Information Technology 4,223 9923 Purchase Service-Audit Fund 3,500 9936 Transfer-Utility Improvements Fund 204,740 Total Public Works-Water Division 2,294,003 7 2006-07 Appropriation Ordinance 2006-07 Property Tax Appropriation Levy Amount Public Works-Wastewater Division(510.32) 4010 Salaries-Regular 598,500 4050 Overtime-Regular 40,300 4090 Salary Adjustments 30,200 4110 Salaries-Seasonal 5,800 4310 Health/Life Insurance 92,200 4320 Dental Insurance 5,500 4410 FICA/Medicare 51,700 4420 IMRF Retirement 69,300 4510 Uniform Allowance 6,200 5110 Contractual Services 362,300 5310 Postage and Meter 2,900 5320 Telephone 11,200 5370 Repair and Maintenance-Vehicles 6,400 5375 Repair and Maintenance-Equipment 46,000 5380 Repair and Maintenance- Utility System 11,500 5410 Dues 500 5430 Training Expenses 1,500 5440 Tuition Reimbursement 1,100 5450 Publications 200 5510 Utilities 388,700 5580 Disposal 172,500 6110 Materials and Supplies 172,500 6210 Office Supplies 600 6250 Fuel and Lubricants-Vehicles 18,200 8400 Capital-Vehicles 115,000 9920 Purchase Service-Risk Management 55,851 9921 Purchase Service-General Fund 69,317 9922 Purchase Service-Information Technology 2,336 9923 Purchase Service-Audit Fund 3,499 9934 Transfer-Utility Bond and Interest Fund 787,875 9936 Transfer-Utility Improvements Fund 30,000 Total Public Works-Wastewater Division 3,159,678 Total Water/Sewer Fund 5,453,681 Capital Development Fund(550) 9940 Transfer-Utility Improvements Fund 3,809,000 Total Capital Development Fund 3,809,000 Utility Improvements Fund (580.31 &32) 8500 Capital-Water Utility Improvements 2,363,000 8500 Capital-Sewer Utility Improvements 2,287,400 Total Utility Improvements Fund 4,650,400 Marina Operations Fund(590) 5110 Contractual Services 34,500 Total Marina Operations Fund 34,500 8 2006-07 Appropriation Ordinance 2006-07 Property Tax Appropriation Levy Amount INTERNAL SERVICE FUNDS Risk Management Fund (610) 5950 MCMRMA Premiums 747,500 5960 Insurance Premiums-Other 2,200 5980 Property Damage 57,500 6940 Administrative Expense 4,900 6960 Miscellaneous Expense 600 Total Risk Management Fund 812,700 Information Technology Fund (620) 4010 Salaries-Regular 132,000 4190 Salary Adjustment 4,400 4310 Health/Life Insurance 25,100 4320 Dental Insurance 1,500 4410 FICA/Medicare 10,500 4420 IMRF Retirement 14,200 4420 Contractual Services 71,700 4510 Uniforms 900 5320 Telephone 600 5410 Dues 900 5420 Travel 500 5430 Training 600 5450 Publications 400 6110 Materials&Supplies 8,600 6210 Office Supplies 19,300 6270 Small Tools and Equipment 8,800 8300 Capital- Equipment 109,800 Total Information Technology Fund 409,800 FIDUCIARY FUNDS Employee Flexible Spending Fund(700) 6965 Reimbursements 69,000 Total Employee Flexible Spending Fund 69,000 Police Pension Fund (760) 4910 Pension Payments 632,500 4920 Disability Payments 135,700 4930 Death Benefit Payments 57,500 5110 Contractual Services 40,500 5410 Dues 2,300 9923 Purchase of Service-Audit Fund 2,000 Total Police Pension Fund 870,500 601,789 McHenry Economic Dev. Fund (730) 6960 Miscellaneous Expense 600 Total McHenry Economic Dev. Fund 600 Retained Personnel Fund(740) 5220 Engineering Fees-Consultant 115,000 5221 Engineering Fees-Staff 1,200 5230 Legal Fees 14,400 6960 Miscellaneous Expense 1,200 Total Retained Personnel Fund 131,800 Total All Funds $ $ 45,925,755 4,252,913 9 SECTION 2. The City Clerk of the City of McHenry, Illinois, is hereby ordered and directed to file with the County Clerk of McHenry County, Illinois, on or before the time required by law, a properly certified copy of this ordinance. SECTION 3. This ordinance shall take effect from and after its passage, approval and publication according to law. SECTION 4. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. PASSED and APPROVED this 4t' day of December, 2006. Voting Aye: Voting Nay: Absent: Not Voting: Abstained: Mayor ATTEST: City Clerk i. NOT110E OF PROPOSED PROPERTY wrr TAX 114CREASE FOR THE CITY OF McHENRY 1 , A public hearing to approve a proposed the f City pra,,rjertv lax levy increase for the City Mcl-lenry for �,C)r)6 will be held on Monday, 2 , Decernber 4, 20013' at 7:30 p.m. at the McHenry Miunicipal Center, 333 S. Green `street, McHenry, Illinois 60.950. P,nv person desiring to appear at the �'Ljblic Hearing and present testimony to the taxing, district may contact Janice C. Jones, City Clerk, 333 South Green Street, McHenry, Illinois 60050. Telephone No. (815) 113163-11100. 2. The corporate and special purpose property taxes extended or abated for 2005 were $3,698,184. The proposed corporate and special pur- pose property taxes to be levied for 2006 are $4,2252,913. This represents a 105% increase over the previous year. 3. The property taxes extended for debt service and public building commission leases for 2005 were $0. The estimated property taxes to be levied for debt service and public building commis- sion leases for 2006 are $0. This represents no increase over the previous year. 4. The total property taxes extended or abated for 2005 were $3.698,184. The estimated total property taxes to be levied for 2006 are $4,252,193. This repre- sents a 15% increase over the previous year. (Published in the Northwest Herald Nov. 22, 2006) AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Chris Black,Finance Director FOR: November 13, 2007 RE: Proposed 2006 Tax Levy The 2006 Tax Levy request is attached for your review. Each year corporate authorities for the City of McHenry are required to estimate the revenues required to operate the various functions of the City. Included in the revenues are those amounts funded through the property tax. Consequently, the City must estimate the amounts required for the property tax levy so that the funds generated through this revenue mechanism will become available during the 2006-07 fiscal year. The estimated levy must be approved by the City Council and submitted to the McHenry County Clerk by the last Tuesday in December(26th). The 2006 levy request of $4,252,913 is an increase of 15% over the prior year's extension of $3,698,184. However, the actual levy extension will likely be considerably less after the County Clerk has applied the property tax extension limitation. In the past five years, the levy extension has grown between 5.7% and 8.5%. A history of the levy over the past several years is included for your review. In March 2007, the County Clerk will provide the limiting tax extension and, if the City's request has exceeded the tax extension limitation, the levy amount will be reduced accordingly. If, on the other hand, the request for the levy extension is below the tax extension limitation, the City will not have the ability to levy more to make up the difference. Therefore, it is critical that the original request is considerably higher than the anticipated levy in order to capture all new growth in the community and all of the property tax revenue the City is entitled to under tax cap legislation. Since the tax levy estimate shows an increase of more that 5% when compared to the previous extension, a public hearing must be held to meet the requirements of the Truth-in-Taxation law. It is recommended that a public hearing be scheduled for December 4th, 2006 at 7:30 P.M. prior to the regular City Council agenda. For your review, I have attached an historical comparison of tax rates, assessed valuations, and tax extensions and a summary of the property tax levy process. Resolution R-06- Resolution Determining the Amount of Funds to be levied for the 2006 Tax Year through real estate taxes For the City of McHenry, McHenry County, Illinois WHEREAS, the City of McHenry has historically levied taxes for the purpose of conducting City business for its residents and local businesses; and WHEREAS, it has been determined the requested levy amount is an increase of fifteen percent (15%) over the 2005 levy amount; and WHEREAS, it is the intent of the City of McHenry to exceed the 2005 tax extension by more than 105% with the levy request; and WHEREAS, a Public Hearing as required by the Truth in Taxation Act of 1981 will be held on December 4, 2006; and WHEREAS, notice shall be published in the Northwest Herald between November 20, 2006 and November 27, 2006, notifying the general public of the Public Hearing. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of McHenry, McHenry County, Illinois, that it has been determined the amount of taxes to be levied by the City of McHenry, exclusive of the election costs, shall be $4,252,913. Passed and Approved this day of , 2006. APPROVE: ATTEST: Mayor City Clerk 2006 Property Tax Levy Process November,2006 • Municipalities must estimate the revenues required from property taxes and consider a levy estimate at a public meeting which must be approved by the majority of the elected body. The estimate must be considered at least 20 days prior to the consideration and passage of the tax levy ordinance. Resolution on agenda for 11113106 December, 2006 • If the estimated levy is more than 105% of the prior year's levy amount,the municipality must hold a hearing prior to the passage of the tax levy ordinance. A notice of the hearing must also be published. The notice must be published not more than 14 or less than 7 days prior to the public hearing. Publication of hearing notice scheduled between 11120106 and 11127106. • The public hearing is held prior to the passage of the tax levy ordinance. During the hearing, the corporate authorities are required to explain the reasons for the proposed increase. Public comments must also be permitted. Public hearing scheduled for 1214106. • Upon closure of the public hearing, the City can immediately consider a tax levy ordinance. The tax levy ordinance must be passed and filed with the County Clerk no later than the last Tuesday of December(12/26/06). The tax levy ordinance effectively becomes the tax levy request submitted to the County Clerk. Tax levy ordinance will be on agenda for 1214106 meeting. Tax levy ordinance (request) filed with County Clerk prior to 12/27/06 (however, due to holiday, may want to file the tax levy ordinance by 12/15/06). March, 2007 • The County Clerk finalizes the compilation of the Equalized Assessed Valuation statistics in March. • The County Clerk evaluates the city's levy request in light of property tax extension limitation legislation(Levy, exclusive of new growth and annexations, cannot increase more than 5% or the rate of inflation- 3.4% in 2006 -whichever is less). April, 2007 • The County Clerk applies the limitation criteria and resubmits the extension to the Municipality for review. • The municipality reviews the limitation information,makes any changes desired, and resubmits (usually within 24 hours). • The County Clerk issues (historically) the final tax levy information in April. EAV History with Projections 1984-2014 2.00% 3.00% Change% Existing (Over Prior New Year Total Eav Change% Pro a Year Total) Property Change% Annexations Change% 1984 $97,429,797 $97,429,797 1985 101,063,521 3.73% 101,063,521 3.73% 1986 109,252,700 8.10% 109,252,700 8.10% 1987 119,893,514 9.74% 119,893,514 9.74% 1988 143,490,204 19.68% 143,490,204 19.68% 1989 171,490,204 19.51% 171,490,204 19.51% 1990 193,865,832 13.05% 193,865,832 13.05% 1991 220,550,512 13.76% 220,550,512 13.76% 1992 248,464,716 12.66% 236,471,098 7.22% 11,816,080 177,538 1993 267,773,417 7.77% 267,773,417 7.77% 1994 284,534,858 6.26% 273,611,617 2.18% 10,843,220 80,021 1995 312,488,385 9.82% 312,488,385 9.82% 1996 332,980,773 6.56% 321,326,778 2.83% 11,434,066 219,929 1997 348,539,706 4.67% 340,456,745 2.25% 7,932,816 -30.62% 150,145 -31.73% 1998 370,468,143 6.29% 356,307,441 2.23% 13,826,401 74.29% 334,301 122.65% 1999 393,071,017 6.10% 377,935,567 2.02% 14,637,587 5.87% 497,863 48.93% 2000 424,618,494 8.03% 404,841,359 2.99% 19,607,790 33.96% 169,345 -65.99% 2001 464,537,185 9.40% 445,515,011 4.92% 18,295,261 -6.69% 726,913 329.25% 2002 518,137,074 11.54% 486,448,860 4.72% 31,425,519 71.77% 262,695 -63.86% 2003 568,108,099 9.64% 543,972,248 4.99% 23,400,158 -25.54% 735,693 180.06% 2004 615,308,446 8.31% 584,352,984 7.42% 28,649,751 22.43% 2,305,711 213.41% 2005 688,546,159 11.90% 656,384,377 6.68% 31,704,882 10.66% 456,900 -80.18% 2006 est 730,037,446 6.03% 702,317,082 2.00% 27,495,968 -13.28% 224,396 -50.89% 2007 est 774,420,953 6.08% 744,638,195 2.00% 29,391,313 6.89% 391,445 74.44% 2008 est 814,393,038 5.16% 789,909,372 2.00% 24,151,834 -17.83% 331,832 -15.23% 2009 est 860,172,435 5.62% 830,680,899 2.00% 29,127,112 20.60% 364,424 9.82% 2010 est 906,775,083 5.42% 877,375,884 2,00% 29,225,448 0.34% 173,751 -52.32% 2011 est 953,771,210 5.18% 924,910,585 2.00% 28,714,685 -1.75% 145,940 -16.01% 2012 est 1,001,950,609 5.05% 972,846,634 2.00% 28,965,741 0.87% 138,234 -5.28% 2013 est 1,050,981,058 4.89% 1,021,989,621 2.00% 28,878,073 -0.30% 113,364 -17.99% 2014 est 1,101,944,263 4.85% 1,072,000,679 2.00% 29,851,678 3.37% 91,906 -18.93% EAV(1) City of McHenry,Illinois Property Tax Information 1998-Present Inflation Factor 3.40% 3.30% 1.90% 1.24% 1.60% 3.40% 2.70% 1.60% Request Actual Actual Actual Actual Actual Actual Max 2006 2005 2004 2003 2002 2001 2000 1999 1998 Prior Property 702,317,082 656,384,377 584,352,984 518,137,074 486,448,860 445,515,011 404,841,359 377,935,567 $370,468,143 New Construction 27,495,968 31,704,882 28,649,751 23,400,158 31,425,519 18,295,261 19,607,790 14,637,587 Annexations 224,396 456.900 2,305,711 735,693 262,695 726,913 169,345 497,863 Total EAV 730,037,446 688.546,159 615,308,446 568,108,099 518,137,074 464,537,185 424,618,494 393,071,017 Dollar Change 76,578,793 73,237,713 47,200,347 49,971,025 53,599,889 39,918.691 31,547,477 $22,602,874 $21,928,437 Percentage Change 11.70% 11.90% 9.10% 9.64% 11.54% 9.40% 8.03% 6.10% 6.29% PT-Rates 0.2500 Corporate 0.2499 0.2309 0.2294 0.2185 0.2157 0.2153 0.2157 0.2133 0.2170 0.0750 Police Protection 0.0709 0.0654 0.0691 0.0648 0.0639 0.0661 0.0671 0.0661 0.0690 0.0400 Band 0.0009 0.0008 0.0003 0,0008 0.0000 0.0031 0.0027 0.0029 0.0030 0.0500 Civil Defense 0.0007 0.0001 0.0008 0.0008 0.0009 0.0010 0.0011 0.0012 0.0012 Audit 0.0037 0.0034 0.0034 0.0024 0.0028 0.0028 0.0032 0.0037 0.0038 Insurance 0.0651 0.0600 0.0673 0.0729 0.0795 0.0808 0.0777 0.0753 0.0770 IMRF 0.0360 0.0332 0.0343 0.0371 0.0470 0.0484 0.1437 0.1491 0.1441 Social Security 0.0730 0.0673 0.0695 0.0753 0.0820 0.0845 Public Library 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Debt Service 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Police Pension 0.0824 0.0760 0.0731 0.0729 0.0733 0.0797 0.0777 0.0776 0.0758 0.0500 Public Benefit 0.0000 0.0000 0.0074 0.0079 0.0088 0.0098 0.0113 0.0127 0.0135 Total 0.5826 0.5371 0.5546 0.5534 0.5739 0.5915 0.6002 0.6019 0.6044 0.2% -3.6% -3.0% Extension 4,252,913 3,698,184.71 3.412,505 3,143,914.42 2,973,593.47 2,747,740.10 2,548,564 2,365,897 2,239,112 Extension%Change 15.0% 8.4% 8.5% 5.7% 8.2% 7.8% 7.7% 5.7% 5.7% Request Actual Actual Actual Actual 2006 2005 2004 2003 2002 2001 2000 1999 1998 PT-Yield 0.2500 Corporate 1,824,127 1,589,856.36 1,411,521.87 1,241,320.42 1,117,420.97 1,000,151.21 915,905.93 838,423 803,919 0.0750 Police Protection 517,856 450,309.19 425,178.14 368,134.06 331,097.42 307,059.08 284,919.01 259,820 255,623 0.0400 Band 6,335 5.508.37 1,845.93 4,544.86 0.00 14,400.65 11,464.70 11,399 11,114 0.0500 Civil Defense 5,000 688.55 4,922.47 4,544.86 4,663.23 4,645.37 4,670.80 4,717 4,446 Audit 26,922 23,410.57 20,920.49 13,634.59 14,500.00 13,007.04 13,587.79 14,544 14,078 Insurance 475,097 413,127.70 414,102.58 414,150.80 411.918.97 375,346.05 329,928.57 295,982 285,260 IMRF 262,887 228,597.32 211,050.80 210,768.10 243,524.42 224,836.00 610,176.78 586,069 533,845 Social Security 532,900 463,391.57 427,639.37 427,785.40 424,872.40 392,533.92 Public Library 0 0.00 0.00 Debt Service 0 0.00 0.00 Police Pension 601,789 523,295.08 450,000.00 414,150.80 380,000.00 370,236.14 329,928.57 305,023 280,815 0.0500 Public Benefit 0 0.00 45,532.83 44,880.54 45,596.06 45,524.64 47,981.89 49,920 50,013 Total 4,252.913 3,698,184.71 3,412,714.48 3,143,914.42 2,973,593.47 2,747,740A0 2,548,564 2,365,897 2,239,113 554,728 285,470.23 268.800.06 170,320.95 225,853.37 199,176.06 15.0% 8.4% 8.5% 5.7% 8.2% 7.8% 7.7% 5.7% 5.7% S:\CBlack\Property Tax Levy\LEVY_2006PT-TAX(4) City of McHenry, IL Property Tax Levy 2005 Tax Year(Collected in 2006) 2005 2005 2005 2006 2006 2006 Requested Certified Certified Requested Expected Expected Fund/Name Extension Extension Rate Extension Extension Rate 001 Corporate $1,675,487 $1,589,856.36 $0.2309 $1,824,127 $1,728,054 $0.2367 005 IMRF 242,708 228,597.32 0.0332 262,887 260,000 0.0356 014 Police Protection 488,955 450,309.19 0.0654 517,856 475,000 0.0651 015 Police Pension 540,740 523,295.08 0.0760 601,789 550,000 0.0753 027 Audit 24,059 23,410.57 0.0034 26,922 26,000 0.0036 035 Liability Insurance 450,116 413,127.70 0.0600 475,097 450,000 0.0616 044 Band 5,000 5,508.37 0.0008 6,335 6,000 0.0008 045 Public Benefit 0 0.00 0.0000 0 0 0.0000 046 ESDA 5,661 688.55 0.0001 5,000 5,000 0.0007 047 Social Security 491,785 463,391.57 0.0673 532,900 475,000 0.0651 Total $3,924,511 $3,698,184.71 $0.5371 $4,252,913 $3,975,054 $0.5445 i CONSENT AGENDA The Consent Agenda for the December 4, 2006 City Council meeting consists of the following items: A. Annual Inflation Adjustment for Water and Sewer Rates; B. Final Pay Request from Greg Greenhill Construction Co. for Whispering Oaks Walk Paths for $59,000; C. Final Pay Request from IDOT for State Route 120 Improvements project for $19,447.28; and D. Recommendation for reduction in Letter.of Credit No. 03-061 Prairie Pointe Business Park. Attachments CONSENT AGENDA TO: Mayor and City Council FROM: Daniel J. Marcinko, Director of Public Works FOR: December 4, 2006 Regular City Council Meeting RE: Whispering Oaks Walk Path ATTACHMENTS: Greg Greenhill Construction, Co. Invoice Background. At the September 18, 2006 Regular City Council Meeting, the City Council awarded the bid for improvements to the Whispering Oaks walk paths to Greg Greenhill Construction Co. in the amount not to exceed $59,000. This project consisted of reconstructing various walk paths within the Whispering Oaks Subdivision. Analysis. Greg Greenhill Construction Co. has submitted the attached invoice to the City of McHenry and is requesting final payment. Public Works has inspected the project to assure compliance with the specifications, is recommending final payment of$59,000 for work performed and material purchased for the project, and recommends approval of the request. Recommendation. Staff recommends the City Council approve the final payment to Greg Greenhill Construction Co. for the improvements to the Whispering Oaks walk paths in an amount not to exceed $59,000. CONSENT AGENDA TO: Mayor and City Council FROM: Daniel J. Marcinko, Director of Public Works FOR: December 4, 2006 Regular City Council Meeting RE: Illinois Route 120 Improvements ATTACHMENTS: 1. Invoice from IDOT 2. Intergovernmental Agreement 3. August 5, 2002 Regular City Council Meeting Minutes Background. At the August 5, 2002 Regular City Council Meeting, the City Council authorized the Mayor's execution of an Agreement between Illinois Department of Transportation (IDOT) and the City of McHenry for IL Route 120 improvements. According to the agreement with IDOT the City is required to pay a percentage of the improvements as reflected in the attached invoice. The total value of the improvements the City is responsible for is $224,726.60. The City has already paid $205,279.33 leaving a balance of$19,447.28. IDOT has sent the attached letter with an invoice formally requesting the remaining balance. If approved, this will be the final payment for the project. Recommendation. Staff recommends the City Council authorize payment to the State Treasurers office for various improvements to IL Route 120 in an amount, not to exceed $19,447.28. Illinois Department of Transportation 2300 South Dirksen Parkway! Springfield, Illinois/62764 November 15, 2006 Invoice No. 100912 Contract No. 82470 Section 2001-125R Local Section i District 1 City of McHenry City Clerk 333 South Green St McHenry, IL 60050 Dear Sir or Madam: You have received Invoice# 100912 dated 9/27/2006 from this office in the amount of$19,447.28. This account is 35 days past due. Please make your check payable to State Treasurer and mail to Engineer of Construction Illinois Department of Transportation Room 322, Harry R. Hanley Building 2300 South Dirksen Parkway Springfield, Illinois 62764 If you have any questions concerning this billing, or if you are unable to make full payment at this time, please contact Sunday Odele at 2171785-4617 in the Bureau of Construction. Please give this matter your immediate attention. Sincerely, IL '0 � Roger L. Driskell, P.E. Engineer of Construction n E V CEI M cc: Diane O'Keefe Attn: Carmen lacullo lv'-' t n �....,r , DLPT t'vs5iilr.' S'e'E.7j{LLi Illinois Department of Transportation 2300 South Dirksen Parkway/ Springfield, Illinois/62764 October 4, 2002 SUBJECT: PRELIMINARY ENGINEERING Joint City - State Addendum Agreement McHenry FAP Route 333 (Illinois 120) Section 2001-125R City Section 02-00065-00-WR Job No. C-91-354-93 McHenry County Mrs. Janice C. JonesC� i City Clerk X02 Jj 333 South Green Street McHenry, Illinois 60050 Dear Mrs. Jones: Y The Addendum Agreement providing for the improvement of this section has been executed by this department. I am sending you an original counterpart of the executed Addendum Agreement. Very truly yours, Che athey, P. . Chief of Prelimina ngineering Illinois Route 120 Section 2001- 125R CITY Section: 02-00065-00-WR McHenry County Job No. C-91-354-93 Agreement No. JN-102-061 Contract No, 82470 ADDENDUM TO AN AGREEMENT THIS ADDENDUM to an AGREEMENT entered into this ±day of �G��.j*' A.D. T 20 '; by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION, hereinafter called the STATE, and the City of McHenry, of the State of Illinois, hereinafter called the CITY. WITNESSETH: WHEREAS, the STATE and the CITY in order to facilitate the free flow of traffic and insure safety to the motoring public, executed an Agreement on April 17, 2002 for the improving of Illinois Route 120 (FAP Route 333), State Section: 2001-125R, State Job No.: C-91-354-93, State Contract No.: 82470, City Section: 02-00065-00-WR, by improving approximately 5,650 meters (18,536 lineal feet) of Illinois Route 120 from Dot Street to Illinois Route 31; and WHEREAS, the CITY has requested that the STATE install intersection lighting on Illinois Route 120 at Oak Drive and at Ringwood Road; and WHEREAS, the STATE agrees to the CITY's request; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. That Page 3A of the Original Agreement be revised to read as attached and incorporated herein by reference. 2. The CITY agrees to pass a supplemental resolution to provide the necessary funds to cover the increase in costs associated with the intersection lighting, a copy of which is attached hereto as Exhibit A and made a part hereof. 3. It is mutually agreed by and between the parties hereto that all covenants contained in the Original Agreement executed on April 17, 2002, which are not in conflict with this Addendum to an Agreement, shall remain in full force and effect. -2- THIS ADDENDUM to an AGREEMENT shall be binding upon and inure to the benefit of the parties hereto,their successors and assigns. City of McHenry Mayor Date: ± ATTEST: Ci y Cler (SEAL) STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION By Director of Highways Date: S:\ViWrojsupp\AGMTSWwO2O425addendumagrcitymchem-yagr.doe -3- PAGE 3A (Page 1 of 3) r ESTIMATE OF COST AND PARTICIPATION TYPE OF WORK FEDERAL % STATE COST % CITY COST % TOTAL COST All Roadway $ 11,360,000 80% $ 2,840,000 20% $ N/A% $ 14,200,000 Work P&C $ 1,704,000 80% $ 426,000 20% $ N/A% $ 2,130,000 Engineering (15%) TRAFFIC SIGNALS Illinois Route $ 124,000 80% $ 15,500 10% $ 15,500 10% $ 155,000 120 at Draper/ Ringwood Road P&C $ 18,600 80% $ 2,325 10% $ 2,325 10% $ 23,250 Engineering (15%) Illinois Route $ 124,000 80% $ 15,500 10% $ 15,500 10% $ 155,000 120 at Meadow Lane P&C $ 18,600 80% $ 2,325 10% $ 2,325 10% $ 23,250 Engineering (15%) Illinois Route $ 99,200 80% $ 16,533 13.3% $ 8,267 6.7% $ 124,000 120 at Oak Drive P&C $ 14,880 80% $ 2,474 13.3% $ 1,246 6.7% $ 18,600 Engineering ; (15%) Illinois Route $ 99,200 80% $ 16,533 13.3% $ 8,267 6.7% $ 124,000 120 at Crystal Lake Road PAGE 3A(Page 2 of 3) - ESTIMATE OF COST AND PARTICIPATION TYPE OF WORK FEDERAL COST % STATE COST % CITY COST % TOTAL P&C $ 14,880 80% $ 2,474 13.3% 1 $ 1,246 6.7% 1 $ 18,600 Engineering (15%) Illinois Route $ 124,000 80% $ 31,000 20% $ N/A% $ 155,000 120 at Illinois Route 31 P&C $ 18,600 80% $ 4,650 20% $ N/A% $ 23,250 Engineering (15%) Interconnect $ 288,643 80% $ 72,161 20% 1 $ N/A% 1 $ 360,804 P&C $ 43,297 80% $ 10,824 20% $ N/A% $ 54,121 Engineering (15%) OTHER WORK New Sidewalk $ N/A% $ 21,375 50% $ 21,375 50% $ 42,750 P&C $ N/A% $ 3,206 50% $ 3,206 50% $ 6,412 Engineering (15%) Reconstruct $ N/A% Is N/A% $ 19,201 100% $ 19,201 Parking Lanes P&C $ N/A% $ 7% $ 2,880 100% $ 2,880 Engineering (15%) Resurface $ N/A%a $ 6,000 50% $ 6,000 50% $ 12,000 Parking Lanes C Engineering $ N/A% $ 900 50% $ 900 r50% $ 1,800 %) PAGE 3A(Page 3 of 3) ESTIMATE OF COST AND PARTICIPATION TYPE OF WORK FEDERAL COST % STATE COST % CITY COST % TOTAL Watermain $ N/A% $ N/A% $ 35,790 100% $ 35,790 Work P & C $ N/A% $ N/A% $ 5,369 100% $ 5,369 Engineering (15%) Beacon Lighting $ N/A% $ N/A% $ 113,650 100% $ 113,650 P & C $ N/A% $ N/A% 17,047 100% $ 17,047 Engineering (15%) Intersection $ N/A% $ N/A% $ 85,787 100% $ 85,787 Lighting P & C $ N/A% $ N/A% $ 12,868 100% $ 12,868 Engineering (15%) Powdered Finish $ N/A% $ N/A% $ 5,000 100% $ 5,000 Traffic Signal and Light Poles TOTAL $ 14,051,900 $ 3,489,780 $ 383,749 $ 17,925,429 Note: The CITY's participation shall be predicated on the percentages shown above for the specified work. The cost shall be determined by multiplying the final quantities times contract unit prices plus 15% for construction and preliminary engineering. Watermain work encompasses all,but not limited to related work to watermain,including frame and lid adjustments, manhole adjustments, value vault adjustments, valve vault reconstruction and watermain adjustment. �. Sep 23 02 01 : 47p COMM DEVELOPMENT 8153632173 ., p. 2 August 5, 2002 Page 8 Alderman Bolger opined Staff has ne an excellent job assessin he issues. Motion by Bolger, secon by Wimmer, to direct Sta o prepare ordinances approving the Final Plats of S ivision for Shamrock Farms, ighborhoods 3 and 9 the following conditions; . •Subject pro rty shall be completely to ed within the City of Henry Facilities anning Area (FPA); • Resol n of engineering items Neighborhoods 3 a 9, to the sat, coon of the City Engineer a ublic Works Departme ; T Final Plat shall be reco within six (6) mont of City Council proval. Voting Aye: Sol , Low, Murgatroyd, Wim r. Voting Nay: G Absent one. Mo n carried. RECOMMENDATION TO APPROVE AN ADDENDUM TO THE JOINT AGREEMENT BETWEEN THE CITY OF MCHENRY AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE iLLINOIS ROUTE 120 IMPROVEMENT PROJECT Director of Public Works Marcinko informed Council the Illinois Department of Transportation (1DOT) is in the process of finalizing the plans for a bid letting in September 2002 for the Illinois Route 120 improvement Project. Pursuant to the original Joint Agreement the City of McHenry has agreed to provide necessary funds to cover the cost involved with lighting the non-signalized intersections along Illinois Route 120. Director. Marcinko iterated Council was informed of the costs associated with the project on December 17, 2001. The costs projected at that time were preliminary figures and the additional $83,749 is based upon a more refined estimate, typical of IDOT as the bid letting date approaches. The original preliminary estimate for the project was $304,397. The revised current estimate is $383,749, still well below 1DOT's original cost, which was in excess of $800,000. Director Marcinko stated $300,000 was budgeted for the project in the 200212003 Capital Improvement Fund, putting the project over budget in the amount of$83,749. Alderman Murgatroyd opined referral of the overage to the Finance and Personnel Committee for consideration was unnecessary. He stated he assumed the additional money would come out of the General Fund. Motion by Glab, seconded by Murgatroyd, to authorize the Mayor and City Clerk's execution of the Addendum to the Joint Agreement between the City of McHenry and Illinois Department of Transportation to provide necessary funds to cover the increase in costs associated with Route 120 improvements, in an amount not to exceed $84,749. SEP-21-2002 11:10 8153632173 93% P.02 Sep 23 02 01 : 47p COMM DEVELOPMENT 8153632173 p. 3 .r P�FAujust 5, 2002 Page 9 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Mayor Althoff stated she has a report for Executive Session. Mayor Althoff also reported she attended a Legislative Committee fof the Illin Municipal League where they reviewed proposed legislation as well as passed legisl n. She informed Council of recent legislation permitting communities with a p lation between 20,000 and 50,000 to retain their existing number of aldermen. Shout a City of McHenry choose, the number of wards need not be increased to seven fro Ive. Mayor Althoff stated the consideration to amending the Open Meetings Act ecting elected municipal bodies of five or less will, in all probability, not be reconsider until the 2004 or 2005 session. Her recommendation is to move forward with the fo on of two additional wards. Mayor Althoff stated she is seeking no formal action me r providing information to Council for consideration. COMMITTEE REPORTS There were no Committee Reports. DEPARTMENT HEAD REPORTS Director of Public Works Marcinko info d Council McCullom Lake Road was closed throughout the day. The road was reo ed at 6:30 p.m. Director Marcinko stated there was it-and-run accident at Royal and Crystal take Road, which destroyed some property. a Public Works Department is working with the contractor to address the matter. Director Marcinko reques a Public Works Committee meeting be scheduled for 'August 19, 2002 at 6:30 p.m o discuss the Country Club Sanitary Sewer issue with residents and parking issues 5217 Dartmoor Drive and 5719 Dartmoor Drive. Chairman Alderman Bolger opined th date and time are acceptable, City Administrat Lobaito informed Council a press release was received from the Department of Heal tating a crow was found in Crystal Lake, which tested positive for the West Nile Virus he press release stated there are no confirmed human cases of the West Nile Virus in inois. NEW BUSIN - Alde an Glab informed Council he received a telephone tail from a resident at 410 Kensingt regarding what might be a potential problem due to standing water behind West pus. Alderman Glab stated the issue has been ongoing since 1988. He req u ed Staff Publr Works Committee meeting in the near future. ° a SEP-21-2002 11:11 8153632173 93% P.03 CONSENT AGENDA TO: Mayor and City Council FROM: Daniel J. Marcinko, Director of Public Works FOR: December 4, 2006 Regular City Council Meeting RE: Prairie Pointe Business Park ATTACHMENTS: Baxter and Woodman letter of recommendation Background. In accordance with a request from Mark Holtcamp of Prairie Pointe Development Corp. for the reduction of their Letter of Credit No. 03-061, the City Engineer has completed a review of the public improvements to assure they have been installed in conformance with the approved plans and specifications. The Prairie Pointe Business Park is located on the north side of Veterans Parkway just east of IL Route 31. Recommendation. Based on the inspections performed by the City Engineer and the remaining work to be completed, staff recommends the reduction of Prairie Pointe Land Development's letter of credit No. 03-061 with an original value of$1,255,662.50 to a new letter of totaling $501,811.00. E A X T E R PXCEMD W_W.- 'Cl October 20, 2006 WOODMAN Mayor and City Council CITY©FMC!FNRy City of McHenry PU' :txC �'�'RI �PT ConsultirzgE����i�zeers 333 South Green Street McHenry, Illinois 60050-5495 Attention: Mr, Bradford C. Fink, Assistant Director of Public Works LETTER OF CREDIT REDUCTION Subject: McHenry—Prairie Pointe—Business Park—American Community Bank and Trust Letter of Credit No. 03-061 Dear Mayor and Council: In accordance with a request by Mr. Bradford C. Fink, Assistant Director of Public Works, we have completed a review of Mark Holtcamp's request, on behalf of Prairie Pointe Land Development Corp. to reduce the Irrevocable Letter of Credit No. 03-061 for Prairie Pointe — Business Park in the City of McHenry, Illinois. Based upon the Developer Engineer's Opinion of Probable Cost and visit by our Mr. Joseph Molidor,we have determined the Value of Work Remaining as noted below. The following is our current analysis of the Project costs: Value of Value of Original Work Completed Recommended Description Estimate Remaining Work Retainage* Earthwork/Erosion $ 340,331 $0 $ 340,331 $ 68,066 Control Sanitary Sewer 140,150 0 140,150 28,030 Improvements Storm Sewer 1313,621 5,682 127,939 32,690 Improvements Water Maui 109,534 0 109,534 21,907 Improvements Road/Sidewalk 280,894 280,894 0 351,118 Improvements Total $1,004,530.00 $286,576 $717,954 $501,811 25%Contingency 251,132.50 Original Letter of $1,255,662.50 8678 Ridgefield Road Credit Crvstal Lake,1L 60012 815.4 59.1260 Fax 815.455.0450 inP��Sbixterwoodman.com B A X T E R Mayor and City Council SIN October 20, 2006 WOODMAN D M A N City of McHenry 030515.61 • Page 2 C:n�zsr.,.ltriag En`rtn.r crs * Recommended retainage = Construction Guarantee for work remaining plus Maintenance Guarantee for work completed Where: Construction Guarantee = Work Remaining x 125% Maintenance Guarantee = Work Completed x 20% Summary: Original Letter of Credit Amount S 1,255,662.50 Previous Reductions L. 0.00) Current Letters of Credit Amount $ 1,255,662.50 Amount of this Reduction ( 753,851.SOZ Neiv Letter of Credit Amount S 501,811.00 We have made visits to observe the progress of construction at Prairie Pointe Business Park. To the best of our knowledrn ge, the completed improvements have been constructed and installed in conformance with the approved plans and specifications and in accordance with good engineering and construction practice. Based upon the above summary, we recommend the present letter of credit be reduced by an amount of$753,851.50 to a new letter of credit value of not less than$501,811. Please advise should you have any questions. Very truly yours, BAXTER & WOODMAN, INC. CON LTING ENGINE RS Darrel R. Gavle, P.E. DRG/MAS:mh Enc. C/enc.: Mr. Bradford C. Fink, Assistant Director of Public Works C: Mr. Jerome A. Johnson, Engineering Inspector Mr. Mark Holtcamp, Prairie Pointe Land Development Corp. H:\PR0AMCHEC\030515.61\1..0C Reduction(1)10-19-06.doc OCT r �9 ORN STATEMENT FOR CONTRACTOR AND SUBCONTRACTOR TO OWNER r3AXTER&.WOODMAN,INC. Illinois July 24,2004 County of McHenry The 05a Steven Thelen being first duly sworn on oath deposes and says that he is(t rest ent Prame Pointe Land Development,LLC contract with(2 Prairie Pointe Land Development,LLC owner for (3)Site Development on the following described premises in said County,to wi ratrte Pointe Business Park,Route 31 and Veterans Parkway, C enry at,for the purpose of said contract,the following persons have been contracted with,and have furnished,or are furnishing and preparing materials for,and have done or are doing labor on said improvement.That there is due and to become due them,respectively,the amounts set opposite their names for materials or labor as stated.That this statement is made to said owner for the purpose of procuring from said owner. (4)Partial—Final Payment on said contract,and is a full,true and complete statement of al; such person.and of the amounts paid due and to become due them. �1)A embgrof the firm ot.qr officer of the co g' n of,na ing samet. If a subcontractor so state and name the contractor.(2)Name of the owner or owner .3 1 Yiat t e contract or subcontract is for.(4 arti or Final 'ayment. TOTAL NAME AND ADDRESS CONTRACT FOR AMOUNT OF PREVIOUS AMOUNT OF BALANCE CONTRACT REQUESTS THIS REQUEST COMPLETE Thelen Sand&Gravel,Inc. Antioch,Site Development IL $1,450,248.28 $758,719.88 $369,300.13 $322,228.27 Cornerstone Material Recovery,Inc. McHenry,IL Debris Hauling $13,180.00 $13,180.00 $0.00 $0.00 East Jordan Iron Works,Inc. Frames,Grates,Lids East Jordan,MI $7,870.00 $7,870.00 $0.00 $0.00 National Waterworks,Inc. Lake Pipe,Valves,Fittings Bluff,IL $47,127.65 $47,127.65 $0.00 $0.00 National Concrete Pipe Co. Concrete Pipe Franklin Park,IL $29,587.37 $29,587.37 $0.00 $0.00 Welch Bros.,Inc. Precast Structures $22,637.48 $22,637.48 $0.00 $0.00 a PARTIAL WAIVER OF LIEN 9/20/2006 State of IL County of McHenry TO WHOM IT MAY CONCERN: Whersas,the undersigned, Thelen Sand&Gravel,lnc. has been employed by Prairie Pointe LLC to furnish Site Development work,under our contract/job number A1360 for the premises known as Route 31 and Veterans Parkway in the City of McHenry, County of McHenry, State of IL of which Prairie Pointe LLC is the owner. The undersigned,for and in consideration olThree Hundred SixtyNine Thousand Three Hundred Dollars and Thirteen Cents ($369,300.13) and other good and valuable considerations,the receipt whereof is hereby acknowledged, do(es) iereby waive and release any and all lien or claim of,or right to,lien,under the statutes of the State of IL relating to mechanics'liens,with respect to and on said above-described premises,and the improvements thereon,and on the material, fixtures,apparatus or machinery furnished,and on the moneys,funds or other considerations due or to become due from the owner,on account of all labor,services,material,fixtures,apparatus or machinery,furnished to this date by the undersigned� r,�u�„ the above-described premises. �p & G '1,1",, Given under my hand and seal this Saturday,July 24,2004 ORp0RgT s Signature and Seal: Brad K.wagner I .j AL Excavation Division ger n i t i CONTRACTOR'S AFFIDAVIT '`'Oe`AVY �'''````` State of Illinois County of McHenry TO WHOM IT MAY CONCERN: THE undersigned, Brad K.Wagner ,being duly sworn,deposes that he is Excavation Division Manager of Thelen Sand Gravel,Inc.who is the contractor for th Site Development work on the building located at Route 31 and Veterans Parkway,McHenry,IL owned byPrairie Pointe LLC That the total amount of the contract including extras i$1,570,650.78 on which he has received payment of $879,122.38 prior to this payment.That all waivers are true,correct and genuine and delivered unconditionally and that there is no claim either legal or equitable to defeat the validity of said waivers.That the following are the names of all parties who have furnished material or labor,or both for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering into the construction thereof and the amount due or to become due to each,and that the items mentioned include all labor and material required to complete said work accoding to plans and specifications: Names WhatFor Contr Price' I Amount Paid This`Payment Balance Due Thelen Sand&Gravel, Inc. Site Development 1,450,248.28 $758,719.88 $369,300.13 $322,228.27 Cornerstone Material Recovery, Debris Hauling $13,180.00 $13,180.00 $0.00 $0.00 East Jordan Iron Works, Inc. Frames, Grates, Lids $7,870.00 $7,870.00 $0.00 $0.00 National Waterworks, Inc. Pipe,Valves,Fittings $47,127.65 $47,127.65 $0.00 $0.00 National Concrete Pipe Co. Concrete Pipe $29,587.37 $29,587.37 $0.00 $0,00 elch Bros., Inc. JPrecast Structures I $22,637.48 1 $22,637.48 $0.00 $0.00 Total Labor and Material To Complete $1,570,650.78 $879,122.38 $369,300.13 $322,228.27 That there are no other contracts for said work outstanding,and that there is nothing due or to become due to any person for material, labor or other work of any kind done or to be done upon or in connections with said wor other than above stated. Signed this Saturday,July 24,2004 Signature Subscribed Subscribed and sworn to before me this 1� day of Notary: 31NS N0 071 PUEB3 'I CC r_OF ILLII C':;; _.+l-11'vdi r;]I0I r r .1 +ra!^.°AUG._ � .. JUL-28-2006 FRI 11 :26 AM PRIME COMMERCIAL CORP FAX NO, 815 385 0990 P, 03 'a7 2"r 2% 6 07 29 S1.53632128 CITY OF MCHENF,'Y PAGE 02/02 i t f Dti I���' �; d t U 7' f,) OR IZE ASS O CONST TIO GTTARANTVg I 1t v pe;ty is i fi r i1t the'Subtr v-{,9i0n.li g o�g 1 Ordinericc of the Oty of McHenry Section.5_#1-4,.m�hdividers of }.toiae�ty;I 1.1I l�c�st � I:-6s rued*,'gnarintec in then amount of 125%of the cost of required public improvemejtts as 3,ireay.,a]1, r.11.r Ci[y y�yincur, This const=tion guarantee is posted to insure tie instnllatiou of all public i,rri+ti-nvr'n'. ,VN..j,j gCccrd,311Cv with nppxov�d plate,p}nt,a,and spcciflcad,ma, This rcqueat is wade pu> [lt t0 the C011,1pkiiorl q1 lj;4 r,f all re-gvixedpublic intpravemcl S. CoinpkNon of public improvements is required within two yew u p Ilsuf;t,f tlke cansixacdarr,guarantee. I t. 1'r rs a resltie3tin reductior,/re)casr r�rr n DGtIE��nrnet� M4r� Ho It r P 2. V, i' n.,of Ci�rrstnzcT;Utx gttCx�Lttce: Check/Cash better of Credit 03 iglie.,l x,ar::ty po0eti rm w• ( xIT$U r,l velua ofcaualruch uxh $ Lj529B-39,2 6. C�r�. .rs;;1 v3lrcc`of Cui.s+tt.crion gt rentec(125 of fit�c Sj �t �°1 !�a 7. 1'x vie>eis rec3k�ctinn(s) I?ntc: Amount; }� �';�:lll:.'SlCC1 2'L3105t,d ai'COriitftlCttOt7 gitAraritCC zeclµCt1021 � ' �. �1x uhLa(ct er�ristrgchan Pac LWK reduction approved by City Engineer: S (instilled,which are,includcd in reduction) 11. An;crtlrrt.of cnrStctMetioa gu=lntoe remaining,if approved S qQ2 B 543 of rr4ai•ntczre,na,3 ganrintao nanain;j,g, if upprovcd(2.0%of Itne 10 above) 02'i 1, i .'9UNCIL A.C'110N, 13, 0f corlstrtrCunn guarnntcc reduction approved by McHenry City Council: 'in a.rf!M,tihtulE Iequixed ccnstniction guarantee of$ VICl;r�r,r;ia thing required m0IN arce warranty cf S I I t � . AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Chris Black, Finance Director FOR: December 4,2006 Regular Council Meeting RE: Renewal of PACE/Dial-A-Ride Local Share Agreement Since 1987, the City of.McHenry has entered into an annual Local Share Agreement with PACE offering a curb-to-curb, Dial-A-Ride program. The program is funded through a mixture of user fees, PACE subsidies, and a local share portion. For the 2007 contract year,PACE proposes the following funding mix for the estimated $261,005 program. The proposed estimate reflects a local share increase of $23,210, which PACE contributes to its rising deficit and fuel costs. Revenue Source 2007 2006 Rider Fares $8,500 $11,266 PACE Subsidy 147,055 143,468 Local Share 105,450 82,240 $263,012 $236,974 The cost of the city's portion of the service, service hours, and a listing of holidays on which service is not provided are detailed in Exhibit A of the attached agreement along with ridership statistics from January through August 2006. The total number of trips originating and ending within the city has increased by 3,047 from the same period last year. Rides are arranged through a service provider under contract with PACE. The fare charged to riders is listed below; fares have remained the same since Year 2000. Reduced fare rates are provided to senior citizens, persons with disabilities, students and children age seven through 11 years. The city's cost for the Senior Bus Pass Program has decreased by $229.60 from the same period last year. Full Fare $1.75 Reduced Fare 0.75 Transfer 0.10 Reduced Transfer 0.05 Recommendation: To authorize the Mayor's execution of the attached Local Share Agreement with PACE for the term of January 1, 2007 through December 31, 2007 for the local share amount of$105,540. PACE PARATRANSIT LOCAL SHARE AGREEMENT City of McHenry This agreement is made this day of , 2006 by and between the Suburban Bus Division of the Regional Transportation Authority (RTA) operating under the name and hereinafter referred to as "Pace", an Illinois municipal corporation, and the City of McHenry, an Illinois municipal corporation, hereinafter referred to as the "Municipality". The parties, in consideration of the mutual promises hereinafter set forth, hereby agree to the following: 1. TERM This agreement will be in effect beginning January 1, 2007 and ending December 31, 2007. 2. SERVICE DESCRIPTION -The Municipality will participate in the financial support of the transportation service described in the attached Exhibit A. Exhibit A is hereby incorporated and made a part of this Agreement. 3. REPORTING - Pace will provide to the Municipality on a monthly basis, a report with the following: A. Number of one way trips (for Dial-A-Ride trips originating and ending within Municipal boundaries). B. Total vehicle service hours (provided for Dial-A-Ride service as outlined in Exhibit A of this Agreement). C. A billing for Local Share, determined as outlined in Section 4 of this Agreement. 4. LOCAL SHARE FUNDING -The Municipality agrees to reimburse Pace monthly for the Local Share incurred in operating the service described in Exhibit A of this Agreement. The Local Share will be calculated in the following manner: A. The Total Expense of the project will be calculated by multiplying the actual number of vehicle service hours delivered per this Agreement by the hourly rate charged to Pace by the Contractor. Operating Deficit will be defined as Total Expense less fare revenue. B. The Pace Contribution will be the lesser of 1) 75% of the actual Operating Deficit attributed to a maximum of 4,831 vehicle hours of service, or 2) $147,055. The Pace Contribution shall be calculated monthly on a year-to-date basis to adjust for actual vehicle hours of service and ensure that the annual Pace Contribution is not depleted in advance before the end of the term of this agreement. The Local Share is the Total Expense, as described in Section 4 A, minus fares, minus the Pace Contribution. C. The Municipality shall pay Pace within thirty (30) days of receiving the monthly bill for the Local Share. 2007 LSA Page 1 City of McHenry 5. AMENDMENT - This Agreement constitutes the entire Agreement between the parties hereto. Any proposed changes in this Agreement shall be submitted to Pace for its prior approval. Except for minor service changes, no modification, addition, deletion, revision, alteration or other change to this Agreement shall be effective unless and until such changes are reduced to writing and executed by the authorized representatives of parties hereto. 6. TERMINATION-This contract can be terminated upon thirty(30)calendar days written notice by Pace, if: 1) sufficient funds have not been appropriated to cover the estimated requirements by Pace or by any other agency funding the service;2) Pace develops alternative public transportation services which, as determined by Pace will better meet the transportation needs of the public; or, 3) the Municipality fails to make payments as required by Section 4 of this agreement. 7. FAILURE TO PERFORM - Pace will not be responsible for any failure on the part of the Contractor to provide service due to circumstances beyond the reasonable control of the Contractor or Pace. Pace shall make every reasonable effort to have service restored as soon as practical under the circumstances. No fees will be charged for service not performed. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made effective and executed as of the date first set forth above by their duly authorized officials. SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY PACE CITY OF McHENRY By: By: Thomas J. Ross, Executive Director Susan Low, Mayor Date: Date: Attest: Attest: Date: Date: 2007 LSA Page 2 City of McHenry COST ESTIMATE WORKSHEET 2007 LOCAL SHARE AGREEMENT PROJECT: CITY OF WHENRY REVENUE 8,500 EXPENSE $261,005 DEFICIT $252,505 PACE SUBSIDY $147,055 LOCAL SHARE $105 A50 RIDERSHIP 30,000 VEHICLE HOURS 5,000 Cost Estimate Worksheet 2007 Local Share Agreement Exhibit A TRANSPORTATION SERVICES CITY OF McHENRY TYPE OF SERVICE Curb-to-Curb Dial-A-Ride Bus Service SERVICE OPERATED BY Pace will contract with a transportation provider(the "Contractor") to provide the service which is the subject of this Agreement. TRIP RESERVATION METHOD Rides will be scheduled by calling the dispatcher sixty (60) minutes in advance of the time the trip is being requested. The dispatcher will notify the passenger of the appropriate pick-up time. The Contractor will also attempt to minimize ride time and ensure that trips originating and ending within McHenry ride no longer than thirty (30) minutes. SERVICE AREA The service will operate within an area to include the City of McHenry and contiguous areas. SERVICE HOURS Monday through Friday 6:30 a.m. to 6:30 p.m. Saturday 9:00 a.m. to 5:00 p.m. Additional service may be provided as mutually agreed upon by Pace and the Municipality. Service will not operate on the following holidays: ➢ New Year's Day ➢ Memorial Day ➢ Independence Day ➢ Labor Day ➢ Thanksgiving Day ➢ Christmas Day ONE-WAY FARE Full Fare - $ 1.75 Reduced Fare-$0.75 FARE STRUCTURE All fares are subject to change at the discretion of Page. The reduced fare category includes senior citizens age 65+,persons with disabilities who have an RTA Reduced Fare Card,RTA ADA Paratransit Identification Card ,or an RTA ADA Paratransit Services Card, students(high school or younger with proper identification) traveling to or from school only, during school hours and children ages 7 to 11. Children under the age of 7 can only ride when accompanied by a fare paying passenger. The first two children under the age of 7 can ride free, with any additional children paying the Reduced Fare Rate. RIDER ELIGIBILITY General Public Exhibit A 2007 Local Share Agreement R, W A.TOTAL TRIPS ORIGINATING AND ENDIN .�,,;; 16 -Nro 2465 :` �, 3 x.. 21606 2701 WITHIN THE CITY MONDAY THOUGH FRIDAY 2369 2295 2887 2500 2480 2669 2335 2765 0 0 0 0 20300 1692 SATURDAY 7 `"14i 170 143 ;.:1 9 4.155 - 153 �-"".177 1306 163 B.TRIPS/DAY (ORIGINATING AND ENDING WITHIN THE CITY) MONDAY THOUGH FRIDAY 113 115 126 125 113 121 117 120 119 SATURDAY 37 43 36 40 39 38 35 41 38 c.Houas -k51.§5 "'` 431,11 '507.' 450.`26' °`'48218 .'480.96 .44010 z=.�bb5:5�2:' ? r _ a�„ "$ 3749.12 468.64 MONDAY THOUGH FRIDAY 428.18 407.43 483.86 421.16 457.04 457.23 410.40 480.37 0.00 0.00 0.00 0.00 3545.67 295.47 SATURDAY 39.10 " �'. 25.14 - 2313 29,70'' '. 25.i5; 203.45 25.43 D.TRIPS/HOUR MONDAY THOUGH FRIDAY 5.53 5.63 5.97 5.94 5.43 5,84 5.69 5.76 5.73 5.72 1 SATURDAY 6.18 7.18 6.17 6.84 6.17 6.45 5.96 6.44 6.42 6.42 E.CITY OF MCHENRY COST $8,726.56 $7,767.26 $11,002.81 $8,417.90 $9,906.79 $9,778.91 $9,163.95 $12,515.12 $0.00 $0.00 $0.00 $0.00 $77,279.31 $6,439.94 F.PACE MINIMUM FARE DIFFERENTIAL ;,$3490 „`y'',$82,20 '$43_ 1 ;;$4244 , ;',$ 8e73 ,:,.„$4'�,61 „g,_`$4087 --�$4151 r;� r,: ` t $ 6a x 4 $322.07 $40.26 " sstx' e s; ;ram^ G.VOUCHER REIMBURSEMENT $E195 20854.40'_:$1,08400 $911.20 ',. $908$0 _:,. 972.00 nQ b0, $$S7 60"', fI Q t£ # € (T ..' „wf $6,623.20 $551.93 G-LIQUIDATED DAMAGES � Q 00 , "' (1.00 - $O,OG $0.b0 ,$Q:00 179.50 $ 82 $0.00 - �', " -z? �" '1•""- $272.38 $34.05 G.TOTAL CITY OF MCHENRY COST $9,656.66 $8,653.86 $12,130.52 $9,371.54 $10,854.32 $10,618.96 $9,112.00 $13,554.33 $0.00 $0.00 $0.00 $0.00 $83,952.20 $6,996.02 F.CITY'S COST PER TRIP $3.84 $3.51 $4.00 $3.47 $4.12 $3.76 $3.63 $4.63 $30.96 $3.87 II.3UPPLEMEN fA IN-r©F?MA-tt6N A. ON TIME PERFORMANCE 1.AVERAGE WAIT(MINUTES) 2.%OF TRIPS WITH WAIT<30 MINUTES (80%MINIMUM) 3.%OF TRIPS WITH WAIT<15 MINUTES (45%MINIMUM) AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Daniel J. Marcinko,Director of Public Works FOR: December 4,2006 Regular Katy Council Meeting RE: Miller Road Improvements ATTACHMENTS: Local Agency Agreement(IDOT) Phase I Engineering Agreement Background. Over the past year, the city has been working with the county to secure federal funding for improvements to Charles J. Miller Road. The proposed improvements consist of widening Charles J. Miller Road between IL Route. 31 to River Road including significant intersection improvements and widening of the existing bridge over the Fox River. Analysis. The next logical step in the progression of the project is the Phase I Engineering. Funding for the Phase I portion of the project will consist primarily (80%) of federal funding. IDOT has also reviewed and approved the Phase I Engineering Agreement between the city and Smith Engineering Consultants. The Phase I Engineering will include the geometrics of the intersection, all required environmental studies and property surveys. From a funding perspective, TDOT has recognized that approximately $882,000 is needed for Phase I Engineering and $16.6 million to complete the project. Therefore,the city/county may be in a position to request $705,600 of federal funds (80% of the $882,000) per the Local Agency Agreement for Federal Participation and only be responsible for the 20% share or the $176,400. The county will reimburse the city $88,200 which is half of the local agency's share of$176,400. Recommendation. Staff recommends the City Council's approval of the attached Local Agency Agreement for Federal Participation for the improvements to Charles J. Miller Road, and the PreliminarEngineering Services Agreement for Federal Participation between the City of McHenry and Smith Engineering Consultants (Phase I Engineering) in an amount not to exceed $882,000; and authorize the Mayor to sign these agreements. It is also recommended that the City Council appropriate $882,000 of city funds for the Phase I Engineering of which 80%will be reimbursed by IDOT. Local Agency State Contract Day Labor Local Contract RR Force Account �q�j J � nois Departimmt of Transportation City of McHenry X Local Agency Agreement Section Fund Type ITEP Number for Federal Participation 06-00068-00-PV HPP Construction En ineerin Ri ht-of-Wa Job Number Project Number Job Number Project Number Job Number Project Number P-91-102-07 HP-1964(001) This Agreement is made and entered into between the above local agency hereinafter referred to as the"LA"and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as"FHWA". Location Local Name Miller Road Route FAU 3860 Length 3.258 miles Termini Illinois 31 to River Road Current Jurisdiction Local Existing Str. No 056-3149 Project Description All Phase I Engineering required for Reconstruction, Intersection Improvements, widening and rehabilitation of the existing bridge over the Fox River. Division of Cost Type of Work FHWA % STATE % LA % Total Participating Construction ( ) ( ) ( ) Non-Participating Construction ( ) ( ) ( ) Preliminary Engineering 705,600 ( 80 ) ( ) 176,400 ( 20 ) 882,000 Construction Engineering ( ) ( ) ( ) Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( } Utilities ( ) ( ) ( ) TOTAL $ 705,600 $ $ 176.400 $ 882,000 NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15%of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required, to cover the LA's total cost. Method of Financing (State Contract Work) METHOD A---Lump Sum (95% of LA Obligation) METHOD B--- Monthly Payments of METHOD C---LA's Share divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Page 1 of 4 BLR 05310(Rev.2/06) Printed on 11/1/2006 3:36:42 PM Agreement Provisions THE LA AGREES: (1) To acquire in its name, or in the name of the state if on the state highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement; (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA; (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A- Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in lump sum, an amount equal to 95% of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method B- Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified amount each month for an estimated period of months, or until 95% of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation(including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment(appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any Federal Funds received under the terms of this Agreement. (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission(ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. Page 2 of 4 BLR 05310(Rev. 2/06) Printed on 11/1/2006 3136:42 PM The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain or performing a public(Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local)with commission of any of the offenses enumerated in item (b) of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions(Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract,grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets,vendor invoices, vendor receipts, and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000(five years if the project costs exceed $1,000,000). (24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE(and FHWA, if required)and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. Page 3 of 4 BLR 05310(Rev. 2/06) Printed on 11/1/2006 3:36:42 PM (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA. (b) To provide independent assurance sampling, to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel,cement, aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (2) This Agreement shall be binding upon the parties, their successors and assigns. (3) For contracts awarded by the LA,the LA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT—assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT—assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). In the absence of a USDOT—approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et seg.) unless the provisions of that Act exempt its application. ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 Location Mar), - (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment,that it accepts and will comply with the applicable provisions set forth in this Agreement and all addenda indicated above. APPROVED APPROVED State of Illinois Name Sue Low Department of Transportation Title Mayor Mayor Timothy W.Martin,Secretary Signature Date Date Milton R.Sees,Director of Highways/Chief Engineer TIN Number NOTE: If signature is by an APPOINTED official, a resolution authorizing Ellen Schanzle-Haskins,Chief Counsel said appointed official to execute this agreement is required. Ann L..Schneider,Director of Finance and Administration Page 4 of 4 BLR 05310(Rev.2/06) Printed on 11/1/2006 3:36:42 PM ,��a' raj7. � ' - 1tW:gkij obLSt nik ,` •`� - �d4Y".'ice" + ' - �ri' 9:. i $'�'' �° •Y �yl��i•�t y •"'� a.nn*-YY'`r�L���b����t]r r�',_ - .i".. � �,�. `w YeuT1g.St w VW;3l4ywayrD,r .� e z:; �►; x ° :e �UWtar�"eritDt„ � •N- }rkPark VW-St'Pauls-Ave s 104, `TurnbeTf�fjDf ,� Oil ,LarlkLin Ln ""��Gfen t n IE cl� - ,.�;. ha M�Bukl-Valley Rd a: ` 3, .. � �� " Miller E}r• ti � � ;!1Ati1N KinAwBivd, Still (J �y N r•{ ., ... C 1 Sti l Hill(Dr 5 u T!. sl�� ��. a .• � ''N`ff—.. jr J" �' Peb�ble�:Crk •Vlsta�T�r .4c r a ;200.63Europa!7'"NI;6 ologl^es. ° 7V Po�nker .�42'1�:e2'4':87' `"N 88"b " "95'39,$'7' >W " elev,�,r768:ft, �`. 'Sir�amin9Il;llil.;:. , 7'2% �-Ey®-al4 9531 it Local Agency Consultant City of McHenry L Ilill'mas Department Smith Engineering Consultants 0 of'Panspoll-Libm C County C o Address McHenry A N 4500 Prime Parkwa Section L S City 06-00068-00-PV U McHenry Project No. A Preliminary Engineering State 1964 001 G Services Agreement L code Illinois Job No. E For A P-91-102-07 Federal Participation Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Mr. Daniel J. Marcinko C T Mr. Patrick Pechnick 815-363-2185 Y 630-553-7560 dmarcinko@ci.mchenry.il.us ppechnick@secgroupinc.com THIS AGREEMENT is made and entered into this day of I between the above Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. Project Descriptlon Name Miller Road Route FAU 3860 Length 17,200' Structure No. 056-3149 Termini Illinois Route 31 to River Road Description: Perform Phase I Engineering Study including field survey,soils report,wetland delineation, ECAD, PDR and public meetings for improvements to Miller Road,Bull Valley Road, Illinois Route 31,and River Road. HPP Funding Agreement Provisions 1. T'riE ENGINEER AGREES, 1. To perform or be responsible for the performance,in accordance with STATE approved design standards and policies,of engineering services for the LA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE. 3. To complete the services herein described within 650 calendar days from the date of the Notice to Proceed from the LA,excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher-salaried personnel of the firm,including the Principal Engineer,perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT;and that the ENGINEER has sufficient properly trained,organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors,omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes,state of Illinois statutes, and local laws or ordinances of the LA. Page 1 of 7 BLR 05610(Rev.9/06) Printed on 11/19/2006 10:00:49 AM 9. The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission, percentage, brokerage,contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT, b. agreed,as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid,or agreed to pay any firm,organization or person(other than a bona fide employee working solely for me or the above ENGINEER)any fee,contribution,donation or consideration of any kind for,or in connection with, procuring or carrying out the AGREEMENT. d. are not presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public (Federal, State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery,falsification or destruction of records, making false statements or receiving stolen property, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal,State or local)with commission of any of the offenses enumerated in paragraph (e)and g. have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal,State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 11. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the project(Exhibit B). 13. Scope of Services to be provided by the ENGINEER:include those areas checked below as detailed In Exhibit E. ® Make such detailed surveys as are necessary for the planning and design of the PROJECT. ® Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ® Prepare applications for U.S.Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. ❑ Design and/or approve cofferdams and superstructure shop drawings. ® Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). ® Prepare the necessary environmental and planning documents including the Project Development Report,Environmental Class of Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. ® Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ® Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. ® Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies. ® Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. ❑ Complete the general and detailed plans,special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ❑ Furnish the LA with survey and drafts in quadruplicate all necessary right-of-way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 7 BLR 05610(Rev.9/06) Printed on 11/19/2006 10:00:49 AM II. THE LA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT,on the basis of the following compensation formulas: Cost Plus Fixed Fee ® CPFF= 14.5%[DL+R(DL)+OH(DL)+IHDC],or ❑ CPFF= 14.5%a[DL+R(DL)+ 1.4(DL)+ IHDC],or ❑ CPFF= 14.5%[(2.3+ R)DL+IHDC] Where: DL=Direct Labor IHDC= In House Direct Costs OH=Consultant Firm's Actual Overhead Factor R=Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ❑ 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ With Retainage a) Forthe first 50%of completed work,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50%of the work is completed,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE,a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ❑ Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE,a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT- assisted contracts. The recipient's DBE program,as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.). III. IT IS MUTALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed. 2. That tracings, plans,specifications,estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes,sketches,charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request,to the LA or to the STATE, without restriction or limitation as to their use. Page 3 of 7 BLR 05610(Rev.9/06) Printed on 11/19/2006 10:00:49 AM 3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet,assigned or transferred to any other party or parties without written consent of the LA. The consent to sublet,assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. To maintain,for a minimum of 3 years after the completion of the contract, adequate books,records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books,records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE;and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error,omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LA,the STATE,and their officers, agents and employees from all suits,claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LA all drawings,plats,surveys,reports, permits,agreements,soils and foundation analysis,provisions,specifications, partial and completed estimates and data,if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act(301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments,termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years. For the purpose of this certification,"grantee"or"contractor'means a corporation,partnership or other entity with twenty-five(25)or more employees at the time of issuing the grant,or a department,division or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State,as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: (1) Notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance, including cannabis,is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that,as a condition of employment on such contract or grant,the employee will: (a) abide by the terms of the statement;and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5) days after such conviction. b. Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program;and (4) The penalties that may be imposed upon an employee for drug violations. c. Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d. Notifying the contracting or granting agency within ten (10)days after receiving notice under part(B)of paragraph (3)of subsection (a)above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Page 4 of 7 BLR 05610(Rev.9/06) Printed on 11/19/2006 10:00:49 AM 10. The ENGINEER or subconsultant shall not discriminate on the basis of race,color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the LA deems appropriate. reement Summary Prime Consultant: TIN Number A reement Amount Smith Engineering Consultants 36-3456281 $752,172.78 Sub-Consultants: TIN Number Agreement Amount S.A.M.Consultants, Inc. $87 237.00 Huff and Huff Inc. $23,462.17 Regina Webster and Associates $8,200.00 Printing $10,404.00 Sub-Consultant Total: $129,303.17 Prime Consultant Total: $752,172.78 Total for all Work: $881,475.95 Executed by the LA: (Mu nicipali ty/ spiry{SeyAty) ATTEST: By: By. Clerk Title: (SEAL) Executed by the ENGINEER: Smith Engineering Consultants 4500 Prime Parkway ATTEST: McHenry, IL 60050 By: By. Akram Chaudhry Robert .Weg ner Title: Principal Title: President Page 5 of 7 BLR 05610(Rev.9/06) Printed on 11/19/2006 10:00:49 AM Exhibit A-Preliminary Engineering Route: Miller Road *Firm's approved rates on file with IDOT's Local Agency: City of McHenry Bureau of Accounting&Auditing: (M u n i c p a l i ty4ow n sh+p/Ceanty) Section: 06-00068-00-PV Overhead Rate(OH) 124.31% Project: HP-1964(001) Complexity Factor(R) 0 Job No. P-91-102-07 Calendar Days 650 Method of Compensation Cost Plus Fixed Fee 1 ® 14.5%[DL+R(DL)+OH(DL)+IHDC] Cost Plus Fixed Fee 2 ❑ 14.5%[DL+R(DL)+1.4(DL)+IHDC] Cost Plus Fixed Fee 3 ❑ 14.5%[(2.3+R)DL+IHDC] Specific Rate ❑ Lump Sum ❑ Cost Estimate of Consultants Services in Dollars Employee Man- Payroll Payroll Services by In-House Element of Work Classification Hours Rate Costs(DL) Overhead* Others Direct Costs Profit Total (IHDC) Data Collection 258 $34.40 $8,875.20 $11,032.76 $95,437.00 $263.35 $2,924.84 $118,533.15 Field Survey See 1144 $27.64 $31,620.16 $39,307.02 $285.60 $10,325.85 $81,538.63 Traffic Analysis Exhibit C 470 $37.16 $17,465.20 $21,710.99 $54.00 $18.00 $5,683.16 $44,931.35 Preliminary Design Studies 1992 $34.49 $68,704.08 $85,406.04 $1,944.00 $28.48 $22,350.10 $178,432.70 Location Drainage Study 1052 $32.16 $33,832.32 $42,056.96 $1,458.00 $163.12 $11,027.60 $88,537.99 Hydraulic Report 266 $32.52 $8,650.32 $10,753.21 $216.00 $99.56 $2,827.95 $22,547.04 Environmental Studies 826 $36.65 $30,272.90 $37,632.24 $23,462.17 $153.36 $9,868.48 $101,389.15 Structural Engineering 220 $33.54 $7,378.80 $9,172.59 $216.00 $57.56 $2,408.30 $19,233.24 Public Involvement 698 $35.19 $24,562.62 $30,533.79 $3,060.00 $1,048.85 $8,141.06 $67,346.33 Project Development Report 550 $32.75 $18,012.50 $22,391.34 $3,456.00 $915.00 $5,991.23 $50,766.07 Meetings 694 $41.15 $28,558.10 $35,500.57 $281.24 $9,329.29 $73,669.20 Project Adminstration 332 $40.52 $13,452.64 $16,722.98 $4.375.46 $34,551.08 Totals 8502 17$291,384.84 $362,220.49 $129,303.17 $3,314.12 $95,253.32 $881,475.95 Page 6 of 7 BLR 05610(Rev.9/06) Printed on 11/19/2006 9:23 AM Exhibit B Illinois Department Of Transportation Engineering Payment Report Prime Consultant Name Smith Engineering Consultants Address 4500 Prime Parkway McHenry Illinois Telephone 815 385-1778 TIN Number 36-3456281 Project Information Local Agency City of McHenry Section Number 06-00068-00-PV Project Number HP-1964(001) Job Number P-91-102-07 This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below. Sub-Consultant Name TIN Number Actual Payment S.A.M. Consultants, Inc. from Prime Huff and Huff Inc. Regina Webster and Associates Sub-Consultant Total: Prime Consultant Total: Total for all Work Completed: Signature and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurrinq with the payment amount specified above. Page 7 of 7 BLR 05610(Rev.9/06) Printed on 11/19/2006 9:22:24 AM llflnob-nepartg ent Transportation EXHIBIT C Route Miller Road Average Hourly Project Rates Section 06-00068-00-PV County McHenry Consultant Smith Engineering Consultants Date 11/19/06 Job No. P-91-102-07 PTB/Item NA Shoat 7 OF 3 Payroll Avg Total Pro ect Rates Daft Collection Flaid rvey Traflic Me"[* Preliminary Deal on Studies LAcevd Drainage Stu dy Hourly Hours % R4.94 Hours % Wgtd Hou % Wgtd Hours % Wgtd Hours % Wgtd Houra % Wgtd Classification Rates Part. Part. A Part. A Part A Part. A Part. A vg Principal 460 5.41% 8 3.10% 2.17 12 1.05% 0.73 16 3.40% 2.38 62 3.11% 2.18 8 0.76% 0.53 Associate 124 1.46% 0 0 8 1.70% 0.77 8 0.40% 0.18 88 8.37% 3.79 Senior Structural Engineer 66 0.78% 0 0 0 p 0 Senior Project Manager 1154 13.57% 20 7.75% 3.23 16 1.40% 0.58 78 16.60% 6.91 176 8.84% 3.68 0 Senior Civil Engineer 2071 24.36% 102 39.53% 16.25 24 2.10% 0.86 226 48.09% 19.76 735 36.90% 15.16 296 28.14% 11.56 Civil Engineer III 162 1.91% 0 0 0 36 1.81% 0.56 0 Civil Engineer II 1531 18.01% 96 37.21% 1 10.20 0 50 10.64% 1 2.92 651 32.68% 8.96 436 41.44% 11.36 Civil Engineer 1 20 0.24% 0.06 0 1 0 p 1p 0 Planner 64 0.75% 0.19 0 1 0 p p 0 Environmental Scientist 192 2.26% 0.55 1 0 1 0 0 0 0 Surveyor III 540 1 6.35% 1.94 0 1 540 47.20% 14.45 0 0 0 Surveyor II 536 6.30% 1.45 0 1 536 46.85% 10.74 0 0 0 Engineer Technician 946 11.13% 2.61 8 3.10% 0.73 0 70 14.89% 3.50 300 15.06% 3.54 200 19.01% 4.46 Administrative 636 7.48% 1.47 24 9.30% 1.83 16 1.46% 0.28 22 4.68% 0.92 24 1.20% 0.24 24 2.28% 0.45 TOTALS 8502 100% $34.27 258 100% $34.40 1144 100% $27.64 470 100% $37.16 1992 E10 % $34.49 1052 100% $32.16 Printed on 1 111 9/2006 9:28 AM �j IllInois Department of Transportation EXHIBIT c Route Miller Road Average Hourly Project Rates Section 06-00068-00-PV County McHenry Consultant Smith Engineering Consultants,Inc. Date 11/19/06 Job No. P-91-102-07 PTB/Item NA Sheet 2 OF 3 Payroll Avg Hydra lic Report Environmental Stud" Structural EngIne ng IPublic Invohamant Project DavabPRO Report Meatings Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours Y. Wgtd Classiflcatlon Rates Part. A Part. A Part. A Part A Part A Part. A vg Principal 8 3.01% 2.11 68 8.23% 5.76 8 3.64% 2.55 72 10.32% 7.22 40 7.27% 5.09 114 16.43% 11.50 Associate 20 7.52% 3.41 0 0 0 0 0 Senior Structural Engineer 0 0 66 30.00% 14.01 0 0 0 Senior Project Manager 66 24.81% 10.34 190 23.00% 9.58 0 100 14.33% 5.97 82 14.91% 6.21 288 41.50% 17.29 Senior Civil Engineer 0 230 27.85% 11.44 0 180 25.79% 10.60 72 13.09% 5.38 228 18.44% 7.58 Civil Engineer III 0 34 4.12% 1.27 0 0 92 16.73% 5.16 0 Civil Engineer II 116 1 43.61% 11.95 0 98 44.55% 12.21 68 9.74% 2.67 16 2.91% 0.80 0 Civil Engineer 1 0 0 0 0 20 3.64% 0.88 0 Planner 0 0 0 64 9.17% 2.35 0 0 Environmental Scientist 0 192 23.24% 5.67 0 0 0 0 Surveyor III 0 0 0 0 0 0 Surveyor 11 0 0 0 0 0 0 Engineer Technician 40 1 15.04% 3.53 56 6.78% 1.59 28 12.73% 2.99 64 9.17% 2.15 156 1 28.36% 6.66 24 3.46% 0.81 Administrative 16 6.020/. 1.18 56 6.78% 1.34 20 9.09% 1.79 150 21.49% 4.23 72 1 13.09% 2.58 140 20.17% 3.97 TOTALS 266 100% $32.52 826 100% $36.65 220 100% $33.54 698 100% $35.19 550 100% $32.75 6?4L 100% $41.15 Printed on 11/19/2006 9:28 AM �j IAinois Department `� Of Transportation EXHIBIT C Route Miller Road Average Hourly Project Rates Section 06-00068-00-PV County McHenry Consultant Smith Engineering Consultants,Inc. Date 11/19/06 Job No. P-91-102-07 PTB/Item NA Sheet 3 OF 3 Payroll Avg Project Adminstratlon o Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Classification Rates Part. Avg Part. Avg I Part. Avg Part. A Part. Avg part. A vg Principal 44 13.25% 9.28 Associate 0 Senior Structural Engineer 0 Senior Project Manager 138 41.57% 17.32 Senior Civil Engineer 78 23.49% 9.66 Civil Engineer III 0 Civil Engineer II 0 Civil Engineer 1 0 Planner 0 Environmental Scientist 0 Surveyor 111 0 Surveyor 11 0 Engineer Technician 0 Administrative 72 21.69% 4.27 TOTALS 3321 10051. $40.52 0 0% $0.00 0 0% $0.00 0 0% $0.00 0 0% $0.00 0 0% $0.00 Printed on 11/19/2006 9:28 AM EXHIBIT D DIRECT COSTS AND SERVICES BY OTHERS CITY OF MCHENRY AND MCHENRY COUNTY DIVISION OF TRANSPORTATION MILLER ROAD Data Collection In-House Direct Costs Field Review 3 trip(s)x 10 miles x $0.445 per day= $13.35 Microfilm Plan Copies from ]DOT for IL 31 25 sheets x $10.00 per sheet $250.00 Sub-Total $263.35 Services by Others Regina Webster and Associates-Traffic Counts $8,200.00 S.A.M. Consultants-Geotechnical Studies $87,237.00 Sub-Total $95,437.00 Field Survey In-House Direct Costs Mileage 10 trip(s)x 8 miles x $0.445 per day= $35.60 Supplies- lath, paint, pins... $250.00 Sub-Total $285.60 Traffic Analysis In-House Direct Costs Report 60 sheets x 2 copy(ies)x $0.15 per sheet= $18.00 Sub-Total $18.00 Services by Others Report 24"x 36" 10 sheets x 2 copy(ies) x $2.70 per sheet= $54.00 Sub-Total $54.00 Preliminary Design Studies In-House Direct Costs Field Checks 8 trip(s)x 8 miles x $0.445 per day= $28.48 Sub-Total $28.48 Services by Others Design Alternatives Exhibits to MCDOT- Bond Copies 24"x 36" 45 sheets x 4 copy(ies)x $2.70 per sheet= $486.00 IDS's (5 Locations) 15 sheets x 4 copy(ies) x $2.70 per sheet = $162.00 Cross Sections 80 sheets x 4 copy(ies)x $2.70 per sheet= $864.00 Miscellanous Exhibits 40 sheets x 4 copy(ies)x $2.70 per sheet= $432.00 Sub-Total $1,944.00 Location Drainage Study In-House Direct Costs Report 80 sheets x 8 copy(ies)x $0.15 per sheet= $96.00 Field Checks 2 trip(s) x 8 miles x $0.445 per day= $7.12 Postage- UPS 4 Package(s)x $15.00 per package = $60.00 Sub-Total $163.12 EXHIBIT D DIRECT COSTS AND SERVICES BY OTHERS CITY OF MCHENRY AND MCHENRY COUNTY DIVISION OF TRANSPORTATION MILLER ROAD Services by Others Exhibits for LDS-Bond Copies 24"x 36" 90 sheets x 6 copy(ies)x $2.70 per sheet= $1,458.00 Sub-Total $1,458.00 Hydraulic Report In-House Direct Costs Report 80 sheets x 8 copy(ies)x $0.15 per sheet= $96.00 Field Checks 1 trip(s)x 8 miles x $0.445 per day= $3.56 Sub-Total $99.56 Services by Others Exhibits for HR- Bond Copies 24"x 36" 10 sheets x 8 copy(ies)x $2.70 per sheet= $216,00 Sub-Total $216.00 Environmental Studies In-House Direct Costs Field Checks 6 trip(s)x 8 miles x $0.445 per day= $21.36 Reports 24"x 36" 10 sheets x 4 copy(ies)x $2.70 per sheet= $108.00 40 sheets x 4 copy(ies)x $0.15 per sheet= $24.00 Sub-Total $153.36 Services by Others Huff and Huff Noise Studies and Special Waste Screening $23,462.17 Sub-Total $23,462.17 Structural-Bridge Condition Report In-House Direct Costs Report 60 sheets x 6 copy(ies)x $0.15 per sheet= $54.00 Field Checks 1 trip(s)x 8 miles x $0.445 per day= $3.56 Sub-Total $57.56 Services by Others Exhibits for HR- Bond Copies 24"x 36" 10 sheets x 8 copy(ies)x $2.70 per sheet= $216.00 Sub-Total $216.00 Public Involvement In-House Direct Costs Exhibits- Handouts 200 per meeting x 3 meetings 4 sheets x 600 copy(ies)x $0.15 per sheet= $360.00 Supplies- Foam Board ... $350.00 Mailings 2 sheets x 375 copy(ies)x $0.15 per sheet= $112.50 Postage- US Mail 375 mailings at $0.39 per mailing $146.25 Meetings 18 trip(s) x 10 miles x $0.445 per day= $80.10 Sub-Total $1,048.85 EXHIBIT D DIRECT COSTS AND SERVICES BY OTHERS CITY OF MCHENRY AND MCHENRY COUNTY DIVISION OF TRANSPORTATION MILLER ROAD Services by Others Exhibits 24"x 36" 80 sheets x 10 copy(ies)x $2.70 per sheet= $2,160.00 Court Reporter per meeting ($75 hour for 4 hours) x 3 meetings $900.00 Sub-Total $3,060.00 Project Development Report In-House Direct Costs PDR Report- Draft to MCDOT and City 150 sheets x 4 copy(ies)x $0.15 per sheet= $90.00 PDR Report- Draft to MCDOT, IDOT&City 250 sheets x 6 copy(ies)x $0.15 per sheet= $225.00 PDR Report- Final to IDOT, MCDOT&City 250 sheets x 8 copy(ies) x $0.15 per sheet= $300.00 Postage- UPS 20 Package(s)x $15.00 per package = $300.00 Sub-Total $915.00 Services by Others PDR Exhibits-Draft to MCDOT&City 24"x 36" 80 sheets x 4 copy(ies)x $2.70 per sheet= $864.00 PDR Exhibits- Draft to MCDOT, IDOT&City 24"x 36" 80 sheets x 6 copy(ies)x $2.70 per sheet= $1,296.00 PDR Exhibits- Final to IDOT, MCDOT&City 24"x 36" 80 sheets x 6 copy(ies)x $2.70 per sheet= $1,296.00 Sub-Total $3,456.00 Meetings: In-House Direct Costs Meeting with County 4 trip(s)x 30 miles x $0.445 per day= $53.40 Meeting with City 4 trip(s)x 8 miles x $0.445 per day= $14.24 Stakeholders Meetings 8 trip(s)x 10 miles x $0.445 per day= $35.60 Meeting with IDOT 8 trip(s)x 50 miles x $0.445 per day= $178.00 Sub-Total $281.24 Total In-House Direct Costs $3,314.12 Total Services by Others $129,30317 Total $132,617.29 Route: Miller Rd. (FAU 3860) Section: 06-00068-00-PV County: McHenry Job No.: P-91-102-07 Project Number: HP-1964(001) Range of Hourly Rates by Classification CLASSIFICATION FROM TO Principal $58.70 $70.00 Associate $40.66 $53.00 Senior Structural Engineer $43.67 $49.12 Senior Project Manager $37.98 $52.00 Senior Civil Engineer $38.95 $43.83 Civil Engineer III $27.75 $38.50 Civil Engineer II $25.21 $31.50 Civil Engineer I $19.50 $25.56 Planner $18.25 $21.97 Environmental Scientist $24.37 $24.37 Surveyor III $27.04 $31.28 Surveyor II $19.08 $26.92 Engineering Technician $19.20 $30.70 Administrative $13.00 $32.87 ANNUAL SALARY ADJUSTMENTS (RAISES) ARE GIVEN ON MARCH 1st EACH YEAR AND ARE GENERALLY BETWEEN 3 TO 7 PERCENT. City of McHenry Miller Road Phase I Engineering Study August 14,2006 Page 1 of 12 EIMBI'T E SCOPE OF SERVICES CITY OF McHENRY MILLER ROAD Project Understanding The City of McHenry (City) working with the McHenry County Division of Transportation (MCDOT)intend to improve Miller Road from Illinois Route 31 to River Road. Improvements for additional turn lanes required to accommodate design year traffic volumes will also be completed on the intersecting streets of Illinois Route 31, Green Street and North River Road. Additionally, the existing Miller Road bridge structure over the Fox River will be widened to accommodate proposed improvements. The project lengths of the study area will include:Miller Road from Illinois Route 31 to River Road for a length of 7,200'; Bull Valley Road—2,000 feet west of Illinois Route 31, Illinois Route 31 —2,000'north and 2,000' south of Miller Road;Green Street—500'north and 500' south of Miller Road; and River Road— 1,500' north and south of Miller Road. The total combined length of improvements is 17,200' or 3.25 miles. Miller Road generally consists of a three lane roadway while narrowing to a two lane roadway over the Fox River with curb and gutter. River Road currently consists of a two lane roadway with shoulders. The proposed improvement generally consists of replacement of the roadways with a five lane cross section consisting of two travel lanes in each direction with a center lane functioning as a median/left turn lane. The intersecting streets will also be widened to provide channelization at their intersections with Miller Road and River Road. The roadway cross-sections will essentially be an urban section with proposed curb and gutter. Scope of Work Smith Engineering Consultants, Inc. (SEC) will prepare a Phase I Study and Design Report for the proposed improvement of Miller Road and River Road. The Phase I Study and Report will be prepared to Federal Standards. This contract includes work required to perform an Environmental Class of Action Determination(ECAD)which will be necessary to confirm processing of the project as a Categorical Exclusion Group H. A. Data Collection and Review Prepare aerial mosaics of the project limits to be used for exhibits and presentations. The City will provide electronic copy of aerial photography with parcel information to SEC. City of McHenry Miller Road Phase I Engineering Study August 14,2006 Page 2 of 12 No new aerial photography is included in the contract. Coordinate with utility companies to obtain maps of utilities within the project limits and place this information on a CADD base map. Request existing roadway plans (where available). Prepare photo and video logs of project limits. Electronic copy of the photo and video logs will be provided to the City and MCDOT. 24 hour Mechanical traffic counts will be taken at the following locations: Illinois Route 31 south of Miller Road Illinois Route 31 north of Miller Road Illinois Route 31 north of Dartmoor Road Bull Valley Road west of Illinois Route 31 Miller Road between Illinois Route 31 and Green Street Miller Road between Green Street and River Road Green Street south of Miller Road Green Street north of Miller Road River Road south of Miller Road River Road north of Miller Road Peak Hour AM and PM manual counts will be performed at the following intersections: Illinois Route 31 at Miller Road Miller Road at Green Street Miller Road at River Road Illinois Route 31 at Dartmoor Drive Accident data will be requested from the City of McHenry Police Department, the McHenry County Sheriffs Department, and from the Illinois Department of Transportation for the project roadways and intersections. Accident data for last three available years will be analyzed. Accident analysis for past three years for route segments and intersections. Analysis will determine any High Accident Locations (HAL), wet cluster sites, trends, summary and potential remedies for each location. Collision diagrams will be provided. Soils Investigations Obtain soil borings, an analysis of soil conditions, and a detailed soil report for the improvement. The soils report will be prepared in accordance with IDOT standards for soil boring placement,analysis, and report format. This work will be performed by a geotechnical subconsultant, S.A.M. Consultants. See their attached proposal for a detailed Scope of Work. B. Survey Services Topographic Survey—Locate existing visible topographic information for site including information marked by J.U.L.I.E. utility identification (as requested by owner/client), existing buildings, parking facilities, roadways, and landscaping features. Underground municipal utilities (i.e., storm sewer, sanitary sewer, and water main) will be located City of McHenry Miller Road Phase I Engineering Study August 14,2006 Page 3 of 12 showing size,depth,and flow direction from observed evidence at manholes,catch basins, inlets, and valve vaults. A topographic map will be generated with a F contour interval. Limits of topographic survey will include a 180' swath centered along the project corridor. Trees larger than 6"diameter will be located. Right-of-Way Location — Locate necessary existing property pins along the front of properties adjacent to project corridor to establish existing right of ways. No plats of highway or legal descriptions are included in the scope. Horizontal and Vertical Control—Horizontal coordinates will be based on Illinois State Plane Coordinates 1983 Datum (1997 Adjustment) and vertical elevations will be established from NGS control monuments. Five(5)benchmarks will be located on the site and referenced on the survey. Topographic Survey Drawing—Final drafting product to be created using MicroStation V8 showing existing features and one(1)foot contours. City and MCDOT will be famished three (3) hard copies and an electronic copy of the topographic survey in dgn format. C. Traffic Analysis The City of McHenry's City Wide Transportation Study and the Bull Valley/Miller Road/River Road/Chapel Hill Road Access Study prepared by SEC (year 2005) will be reviewed and referenced for this project. Projected traffic volumes for year 2030 as contained in the City of McHenry's City Wide Transportation Study and the Bull Valley/Miller Road/River Road/Chapel Hill Road Access Study will be resubmitted to the Chicago Metropolitan Agency for Planning (CMAP) for any updates based on the latest traffic counts. Design year peak a.m. and p.m.hour and existing traffic volume diagrams as contained in the City of McHenry's City Wide Transportation Study and the Bull Valley/Miller Road/River Road/Chapel Hill Road Access Study prepared by SEC (year 2005) will be reviewed and referenced for this project. A traffic signal warrant analysis will be performed for the future Valley Road at Miller Road intersection. Perform existing and design year capacity analysis using HCS 2000 to determine existing deficiencies and proposed geometrics for each of the following intersections: Miller Road at Illinois Route 31 Miller Road at Green Street Miller Road at Valley Road Miller Road at River Road(includes scenarios for two alternatives) Illinois Route 31 at Dartmoor Drive Autotum analysis,based upon Design Vehicle, will be performed at each intersection to determine radii. Prepare an Intersection Design Study for the following locations: Miller Road at Illinois Route 31 Miller Road at Green Street City of McHenry Miller Road Phase I Engineering Study August 14,2006 Page 4 of 12 Miller Road at Valley Road Miller Road at Extended Valley Road(proposed intersection identified in the Bull Valley/Miller Road/River Road/Chapel Hill Road Access Study) Miller Road at River Road (Two alternatives will be provided for this intersection. An intersection design study will be provided for the chosen alternative, refer to Preliminary Design Studies below.) Illinois Route 31 at Dartmoor Drive A Traffic Analysis Report will be completed and submitted to MCDOT and the City. One paper and one electronic copy(PDF Format) will be provided to both MCDOT and the City. The report will include the following information: Existing and future intersection diagrams Existing and future ADT route map Accident analysis diagrams for each intersection Auto-tum diagrams for each intersection D. Preliminary Design Studies Two preliminary geometric alternatives will be investigated for the intersection of Miller Road at River Road: 1. Retaining existing centerline alignment with additional auxiliary lanes and varying width median treatments; 2. Realign Miller Road, eliminating the 90 degree turn and creating a softer curve meeting design speed criteria for the eastbound to northbound and the southbound to westbound movements. Realign the south leg of River Road and locate it at an appropriate point along the realigned section satisfying design and sight distance requirements. For each alternative,the preliminary horizontal and vertical geometries will be developed and transposed on 1"=50'aerial maps to determine the impacts the alternatives will have on the surrounding area. Investigation of preferred alternative based upon impacts to the surrounding area(existing buildings, environment, etc.), construction cost, capacity of traffic flow, etc. A technical memo will be prepared detailing the findings of the geometric alternative analysis of the Miller Road/River Road intersection. The memo will summarize and compare costs, ROW requirements and impacts, utility impacts, constructability issues, traffic staging, traffic analysis and environmental impacts of the alternates. A combined pedestrian/bike path along Miller Road will be developed. Coordination with the City and MCDOT will be provided if necessary. Develop templated cross-sections for ROW and slope analysis, every 50' and at driveways. Cross sections to include information regarding cross slopes, existing and proposed centerline elevations, ditch elevation(where appropriate), cut and fill areas for cost analysis purposes, identify areas of unsuitable material where appropriate, existing right-of-way, proposed right-of-way, and any easements (existing or proposed). City of McHenry Miller Road Phase I Engineering Study August 14,2006 Page 5 of 12 Prepare the preferred plan and profile (1" = 50'base maps). Right-of-Way Acquisition Exhibits 1. Research — Obtain necessary available information to complete Right of Way Exhibits. 2. Preparation of Right of Way exhibits showing existing and proposed ROW, property identification numbers and property owners. These exhibits are for information only. No plats of highway or legals are included. E. Location Drainage Study The drainage related work will be completed to ensure the latest McHenry County Ordinances are followed and the project receives approval. It is assumed that the majority of Miller Road and River Road will consist of curb and gutter section and drainage will be handled by an enclosed drainage system. Complete a Location Drainage Study(LDS) in accordance with requirements outlined in the 1998 IDOT/CECI Drainage Seminar Manual. An existing drainage plan will be completed,a proposed drainage plan will be completed,storm sewer will be designed and stormwater detention determined. The drainage area to the storm sewer system will be delineated and discharges calculated. The storm sewer sizing will be completed in accordance with County and IDOT requirements. A LDS will be the deliverable for this portion of the project. Existing Outlet Evaluations will be performed. The analyses of 10 outlets will be included. The proper floodway and floodplain limits along the Fox River will be established. SEC is anticipating an encroachment into the Fox River Floodplain/Floodway. It has been assumed that there will be two culvert crossings under Miller Road/River Road included for analysis. The proposed work will include two culvert analyses as part of this project. The culverts will be analyzed in accordance with the 1998 IDOT/CECI Drainage Seminar Manual. The culvert analysis will be completed with HEC-1 for hydrology and HY-8 for hydraulics. None of the culverts are in the floodplain and all are anticipated to have a drainage area less than one square mile F. Hydraulic Report Complete a Hydraulic Report in accordance with requirements outlined in the 1998 IDOT/CECI Drainage Seminar Manual. Discharges taken from FIS for the Fox River will be utilized. No hydrologic modeling is to be completed. Hydraulic modeling will be completed with HEC-RAS. The modeling will consist of existing and proposed models. A waterway information table will be completed. The Hydraulic Report will be prepared and will consist of the following 1. Narrative. 2. BLR-10210 Hydraulic Report Sheets. City of McHenry Miller Road Phase I Engineering Study August 14,2006 Page 6 of 12 3. IDOT Hydraulic Report Data Sheets 4. Waterway Information Table 5. FIRM Map 6. Compensatory Storage calculations 7. Scour Analysis 8. Streambed Profile 9. Existing Roadway Profile 10. Proposed Roadway Profile 11. Bridge Sketches 12. General Location map 13. Hydraulic models 14. Model disk Compensatory storage calculations will be performed to ensure that if there is any fill within the floodway that it is compensated for at the appropriate compensation ratio as specified by ACOE. G. Environmental Studies Prepare and submit an Environmental Survey Request(ESR)to IDOT. This submittal will be for biological, cultural, historical preservation and hazardous waste screening. It is assumed that the limits of the ESR will be a 200' corridor along Illinois Route 31,Miller Road and River Road to include proposed ROW and easement areas. Additional area near the River Road at Miller Road will be required in anticipation of potential realignments. Perform work required to process the project as an Environmental Class of Action Determination (ECAD). Includes the preparation of an Environmental Class of Action Determination Record and Document. The ECAD Record will be periodically submitted to FHWA and IDOT for their review and closure of if items. 1. Conduct field investigation with IDOT, City and MCDOT representatives to review existing conditions. 2. An Environmental Record will be drafted and updated as the project progresses. This Record will review and document the following resources and issues: Social/Economic - Assumed no impacts Agricultural—No coordination with the Illinois Department of Agriculture will be required since the project is within the City's municipal limits. Cultural—A photo log of structures along the project corridor that appear to be greater than 40 years old will be completed. The photos will be submitted to IDOT for their in-house cultural review. Air Quality—It has been assumed that since additional lanes will be proposed IDOT will require analysis. COSIM input sheets will be prepared to address two receptors. The COSIM sheets will be submitted and run by IDOT. The results will be reviewed and detailed as part of the environmental processing. City of McHenry Miller Road Phase I Engineering Study August 14,2006 Page 7 of 12 Noise — It has been assumed that a Noise Analysis will be required. It is expected that noise walls will not be required, but this will need to be documented. See proposal from Huff and Huff for detailed information. Energy(Assumed no impacts); Natural Resources - A tree survey of the project corridor will be conducted after a preferred geometric alternative is determined for the Miller Road at River Road intersection and impacts to Moraine Hills State Park are known. The survey will be conducted in accordance with current IDOT policies. Water Quality/Resources — The Fox River is an Illinois Public Water. Coordination with IDNR and ACOE will be performed. Flood Plains — The Fox River crossing has flood plains within the project corridor. The limits and impacts will be determined and any compensation determined. Wetlands—There are known wetlands and fen along the project corridor. See Wetland Delineation Section for scope of work. Special Waste - There are several areas that have potential special waste near the Illinois Route 31 at Miller Road intersection. Since ROW along Illinois Route 31 will be acquired in the name of State,IDOT will complete the Preliminary Environmental Site Assessment (PESA) for sites along Illinois Route 31. A special waste analysis along Bull Valley/Miller Road is the responsibility of the Local Agency and is included in this contract. This contract includes the special waste screening, if it is determined that additional testing is necessary, an addendum to the contract will be prepared to cover the work. See proposal from Huff and Huff for detailed information. Special Lands — The Illinois Department of Natural Resources (IDNR) maintains the Moraine Hills State Park which is adjacent to River Road and is anticipated to be impacted by this project. The project limits also includes the Wheeler Fen Land and Water Reserve and Millers Riverfront Park, that may be impacted by the project. The work will include the preparation of a Programmatic Section 4(f)report. 3. Preparation of an ECAD Document. This Document will investigate and summarize the following items: Purpose of the project will be discussed and the need shown to exist; Project Alternatives,No Action vs.Widening Alternatives will be evaluated giving advantages and disadvantages of both; Environmental Consequences will be examined and detailed; Environmental Commitments will be listed; Public Involvement will be summarized; and Conclusion stated. City of McHenry Miller Road Phase I Engineering Study August 14,2006 Page 8 of 12 H. Wetland Delineation This work will include that required to complete the field observation,wetland delineation, survey of the delineated wetland(s),and a Wetland Delineation Report associated with the proposed project. It is assumed that if impacts are found, no mitigation plan will be required and any mitigation required would be at a wetland bank. 1. Field Observation The property boundaries will be confirmed during an on-site field inspection of the property. During the inspection, the entire parcel of property will be inspected to identify location characteristics of wetland area(s). Techniques and criteria for identifying wetland area(s) shall follow the "Army Corps of Engineers (ACOE) Wetland Delineation Manual" (1987). Criteria for wetland conditions are as follows: - Hydrophytic Vegetation; - Hydric Soils; and - Hydrology. 2. Wetland Delineation If wetland area(s)exist,transect(s)with sample points shall record vegetation,soil,and hydrology as defined and determined by methods detailed in the "ACOE Wetland Delineation Manual"and summarized in the data forms from the Delineation Manual. The wetland boundaries shall then be flagged and identified using a GPS/GIS device to record location and elevation of the wetland boundary. 3. Wetland Delineation Report A complete Wetland Delineation Report shall be completed,utilizing the data obtained on-site and any pertinent maps or photographs. The report shall be in accordance with the McHenry County Watershed Development Ordinance, ACOE and McHenry County Soil and Water Conservation District requirements. The report will include: Introduction,Methods, Result and Discussion Section; Aerial Photograph Showing the Surveyed Wetland Boundaries; United States Geologic Survey(USGS)Quadrangle Map; McHenry County Soil Survey; Hydrologic Atlas; FEMA Floodplain Map; McHenry County Advanced Identification (ADID) Wetland Map; ACOE Data Forms for Sample Points; Observed Vegetative Species Lists; Representative Color Photos; and A Natural Resources Conservation Services (MRCS) Certified Farmed Wetland Determination will be completed if cropland is located on the property. 4. Request for Jurisdictional Determination City of McHenry Miller Road Phase I Engineering Study August 14,2006 Page 9 of 12 Prepare and submit correspondence to ACOE and/or McHenry County Planning and Development requesting jurisdictional determination and boundary concurrence and attend one (1) field meeting. 5. After all impacts are determined and a mitigation type selected, a Wetland Impact Evaluation (WIE) will be completed and submitted to IDOT for review. 6. Provide coordination with McHenry County Soil and Water Conservation.District per ACOE requirements. I. Structure Work A Bridge Condition Report(BCR)to current IDOT requirements including evaluation of the existing structure,recommendations for the reuse or replacement of various portions of the existing bridge, staging recommendations,clearances and impacts for permitting and an opinion of probable constructed cost. Once reviewed by IDOT's Bureau of Bridges and Structures, this BCR will be used to describe the scope of work for the detailed design phase. Opinion of Probable Cost for the structure improvements work will be prepared. It has been assumed that existing drawings of the bridge will be provided to SEC. The Preliminary Bridge and Hydraulic Report (BL.R 10210) will be completed and submitted to IDOT. J. Public Involvement This task will provide a successful public involvement and Context Sensitive Solution (CSS) approach according to the latest IDOT policies. Public involvement and a (CSS) approach increase the prospects for consensus. They may also reduce the probability of project delays and litigation and will inevitably lead to improved planning and engineering. For this project,the public involvement/meetings will consist of two Public Meetings and one Public Hearing as described below. For the public meetings and hearing, SEC will send public notifications to residents and businesses whose property is adjacent to project corridor. Notifications will also be sent to those deemed necessary by MCDOT and City of McHenry. For this contract,it has been assumed that there will be an average of 125 notifications sent per meeting/hearing. SEC will coordinate the location of public meetings. SEC will maintain a record of meeting attendees. Public Meeting Specifications: SEC will facilitate two (2) open house public meetings according to the IDOT CECI format. 1. Provide two (2) sets of exhibits (boards with aerial, plan, traffic data, accident data, schedulc and typicals)per meeting. 2. Provide up to three streetscape section drawings per public meeting. The first meeting would have prototypical plan and section drawings. The second meeting would have job specific detailed typical plan and section drawings. 3. Provide up to two colored site plan options illustrating the improved intersection City of McHenry Miller Road Phase I Engineering Study August 14,2006 Page 10 of 12 areas at the second meeting. 4. Provide an audio/video presentation at both Public Meetings. The audio/video presentation will be developed in PowerPoint software program and be approximately ten minutes in length. 5. Meet with the City and MCDOT to review the presentation prior to the Public Meetings (two SEC representatives for two hours). 6. Public meetings will be held for four(4)hours. 7. Staff Public Meetings with four SEC representatives for six hours each. 8. SEC will respond to all individual public comments received at the public meetings. For this contract, it has been assumed that there will be an average of 25 comments per meeting. If substantial additional comments are received,then those responses would be considered additional work. 9. The coordination and cost of a court reporter will be the responsibility of SEC. Public Hearing Specifications: 1. Provide two sets of exhibits (boards with aerial,plan, traffic data, accident data, schedule and typicals). 2. Provide up to three streetscape section drawings for the hearing. They would site specific plan and section drawings. 3. Provide an audio/video presentation at the Public Hearing. The audio/video presentation will be developed in PowerPoint software program and be approximately ten minutes in length. 4. Meet with the City and MCDOT to review the presentation prior to the Public Hearing (two SEC representatives for two hours). 5. Public hearing will be held for four(4)hours. 6. Staff Public Hearing with four SEC representatives for six hours each. 7. SEC will respond to all individual public comments received at the public hearing. For this contract,it has been assumed that there will be 25 comments. If substantial additional comments are received, then those responses would be considered additional work. 8. The coordination and cost of a court reporter will be the responsibility of SEC. K. Project Report Prepare draft report(latest BLR 22110) and report exhibits for City and MCDOT review. Cost Analysis -Preliminary Opinions of Probable Costs will be developed for the entire project including the two geometric alternatives described previously. Address preliminary report comments from City and MCDOT and prepare final draft Project Development Report for transmittal to IDOT. Provide three (3) draft reports for review and comment to IDOT. Address IDOT's preliminary report and prepare final Project Development Report. City of McHenry Miller Road Phase I Engineering Study August 14,2006 Page 11 of 12 Provide five(5) final Project Development Reports, three (3)to IDOT, one(1) to the City and one (1)to MCDOT including a copy in pdf format. The format will include tabs for the major chapters and the figures will be linked internally within the report. L. Meetings and Coordination This project will require extensive coordination and meetings with various agencies and stakeholders. The coordination and meetings are as described below. 1. Kick-off meeting with City of McHenry and MCDOT - assume 1 meeting. 2. Kick-off meeting with IDOT- assume 1 meeting. 3. Meet with City of McHenry and MCDOT to review Draft Report- assume 1 meeting 4. Meet with City of McHenry and MCDOT to review Final Report- assume 1 meeting. 5. Progress meetings with City of McHenry and MCDOT- assume 6 meetings. 6. Meet with IDOT representatives - assume 3 meetings. 7. Presentation to City of McHenry—assume 2 presentations. 8. Presentation to McHenry County Transportation Committee—assume 2 presentations. 9. FHWA Monthly Coordination Meetings—assume 6 meetings. 10. Meet with adjacent residents and business owners—assume 5 meetings. 11. Meet with adjacent developers—assume 2 meetings. 12. Meet with the Illinois Department of Natural Resources (IDNR)—assume 2 meetings. 13. Meet with McHenry Township—assume 2 meetings. Meeting Time and Specifications include: 1. SEC will have up to two (2) representatives at all meetings (35 meetings). 2. A maximum of four (4) hours per meeting have been allotted for all meetings, including travel time; 3. Meeting preparation time of two (2) hours per representative for progress and coordination meetings (28 meetings); 4. Meeting preparation time of six(6)hours per representative for presentations and selected stakeholders meetings (7 meetings).- 5. Preparation and distribution of meeting minutes will be provided for all 35 meetings. M. Project Administration A monthly progress report will be provided to the City and MCDOT All materials will have a QA/QC review performed Proper invoicing Internal coordination and staff meetings City of McHenry Miller Road Phase I Engineering Study August 14,2006 Page 12 of 12 N. Exclusions: The following items are not included in this contract. Several of these items can be completed under a separate contract at an additional cost: 1. Landscape Design 2. Box Culvert or Structural Design 3. Plats of Highways for ROW or Construction Easements N:VoWSmith\2005\050761 MCHE-489-Miller Road Phase I Study-IL 31 to]L 120Wdministration\contract\Contract#4IL 31 to River 081406\MCHE- 050761-9-scope-teh 081406.doc Huff& Huff.Inc. Scope of Services Miller Road/Bull Valley Road McHenry County The City of McHenry intends to improve Miller Road from Illinois Route 31 to River Road. Improvements for additional turn lanes required to accommodate design year traffic volumes will also be completed on the intersection streets of Illinois Route 31, Green Street and North River Road. Additionally, the existing Miller Road bridge structure over the Fox River will be widened to accommodate proposed improvements. The project lengths of the study area will include: Miller Road from Illinois Route 31 — 2,000' north and 2,000' south of Miller Road; Green Street — 500' north and 500' south of Miller Road; and River Road — 1,500' north and south of Miller Road. The total combined length of improvements is 3.25 miles. Miller Road generally consists of a three lane roadway while narrowing to a two lane roadway over the Fox River with curb and gutter. River Road currently consists of a two lane roadway with shoulders. The proposed improvement generally consists of replacement of the roadways with a five lane cross section consisting of two travel lanes in each direction with a center lane functioning as a median/left turn lane. The intersecting streets will also be widened to provide channelization at their intersections with Miller Road and River Road. The roadway cross- sections will essentially be an urban section with proposed curb and gutter. Huff& Huff offers the following scope-of-services to assist Smith Engineering Consultants in the evaluation of this project, including the Preliminary Site Assessment (PESA) and the Traffic Noise Study. A PESA will be developed for the entire project; however, the PESA for Illinois Route 31 right-of-way (ROW) will be conducted by IDOT through the Illinois State Geological Survey (ISGS). The portions of the project limits that outside state ROW will be evaluated as part of this scope-of-services. The Traffic Noise Study will be conducted as part of the project evaluation. The entire project limits will be evaluated as part of the traffic noise study. Task 1.Preliminary Site Assessment(PESA) H&H will conduct the PESA evaluation, which includes screening the project for potential areas of soil contamination for areas within the project limits but outside the Illinois Route 31 ROW. The screening process will follow general protocols associated with ASTM E1527-00, the standard environmental site assessment methodology, and the protocols consistent with the Preliminary Site Assessment (PESA) procedures outlined by the Illinois Department of Transportation in BDE 95-12, BDE 96-8 and the "Manual for Conducting Preliminary Environmental Site Assessments for Illinois Department of Transportation Highway Projects". Specific tasks are outlined below. Historical Research The historical land use of the study area will be developed from standard historical sources, including those sources listed below: • Historical aerial photographs will be used to identify land use over time and potential areas of environmental concern, such as areas of surface disturbance and outside storage. • Local historical sources, such as the local library and the Chicago Historical Society will be contacted. Site Evaluation Current environmental features and conditions of the study area will be evaluated. Local and regional reference sources will be reviewed for information. The features and conditions evaluated will include, but will not be limited to, the following: • land use and on-site structures; and • geology and hydrology(including potable water sources and stormwater). A site walkover will be conducted for first-hand evaluation of current environmental conditions within the study area. All of the features and conditions listed above will be investigated and, as appropriate, documented in photographs. The land-use and housekeeping practices of adjacent properties will-be evaluated in accordance with ASTM protocols. Records Review A records review will be conducted to determine potential environmental concerns presented by the study area or surrounding properties. It will include a search of standard state and federal environmental record databases in accordance with the specifications of ASTM standards and search distances. Based on the length of the project, a corridor records search is recommended: this search is based on the outline of the entire study area. Database Search Distance miles Federal National Priority List(NPL) 1.0 Federal CERCLIS* list 0.5 Federal RCRA CORRACTS TSD ** facilities list 1.0 Federal RCRA non-CORRACTS TSD facilities list 0.5 Federal RCRA generators list property and adjoining properties Federal ERNS*** list property only State lists of hazardous waste sites identified for investigation or remediation: State-equivalent NPL 1.0 State-equivalent CERCLIS 0.5 State landfill and/or solid waste disposal site lists 0.5 State leaking UST lists 0.5 State registered UST list property and adjoining properties UAProposal 06\Transportation\Smith\Miller Road-Bull Valley,doc Illinois manufactured gas plant sites property and adjoining properties ICC contacted re: railroad spills property and adioining properties * CERCLIS - Comprehensive Environmental Response, Compensation, and Liability Information System **CORRACTS-Corrective Action Sites; TSD-Treatment,Storage,&Disposal Sites ***ERNS-Emergency Response Notification System Specifically, H&H will search each database to identify any potential sources requiring further investigation. A local source, such as the fire department or building department, will be contacted regarding available records and site history. Report Preparation A report summarizing the results of the data collection activities will be prepared. The following information will be included in this report: a) The site location and description, including the past and current land use at the property and adjacent properties. b) The site geology and hydrology. c) The environmental status of the site in regard to environmental features and conditions, including: chemical use and storage; underground and aboveground storage tanks; solid waste, special waste, and hazardous waste; wastewater; PCBs; d) The environmental records review conducted for the site and surrounding properties. e) An analysis of the site inspection. f) A summary of the findings regarding any environmental concerns. This will include IDOT's PESA Risk Assessment process. Task 2: Traffic Noise Study It is anticipated that project alternatives may include a significant change in the vertical alignment of one or more of the intersecting roadways. H&H will utilize the Federal Highway Administration (FHWA) approved Traffic Noise Model (TNM Version 2.5) to evaluate potential traffic noise impacts and evaluate noise abatement options where impacts have been determined. Traffic noise levels will be predicted using TNM for the existing, no action and preferred build scenarios. Data Collection Peak hourly traffic data for existing and future conditions will be needed for the traffic noise model. The traffic data used will be consistent with the traffic data used to analyze the proposed geometrics. Traffic volumes and speed used in TNM will be characteristic of peak hour conditions producing the peak traffic noise conditions. Alignment information will be needed in electronic format for both the existing and the preferred build alternative. Additional roadway profile and surrounding area topographic information will also be collected for developing the contour information within TNM. U:\Proposal 06\Transportation\SmithWller Road-Bull Valley.doc A site visit will be included for description of existing land use, to document locations of sensitive receivers, such as residences and schools, and to photo document existing visual conditions. During the site visit, general site conditions will be investigated. These features are important for receptor locations. Receiver Selection The identification of noise sensitive receptors will be determined for all areas within the project limits. Receptors will be selected when factors influencing traffic noise change, such as traffic volume or roadway design features, including the number of lanes, width of the roadway or traffic control devices. Receptors will be selected to be representative of a group of sensitive receivers with similar noise exposure characteristics. The selection will be consistent with FHWA guidance,including 23 CFR 772. It is estimated that approximately 10 to 15 receptors will be used to characterize the traffic noise levels within the project limits. Sensitive receptors within the project limits include a hospital, two parks, a senior housing center and residential areas. The residential areas are generally limited to the south side of Illinois Route 31 and at the east end of the project limits. The number of representative receptors may vary depending on adjustments to project limits. Noise Monitorins Huff & Huff will conduct field monitoring at four receiver locations. Noise levels will be measured with a Bruel &Kjaer Type 2236 Sound Meter for a ten to 15-minute period. Noise Level Predictions The currently accepted FHWA model TNM Version 2.5 will be used to generate traffic noise levels for the existing, no action and the preferred build alternative. Noise abatement options, including noise walls will be evaluated for the areas that meet, approach or exceed the FHWA NAC. Data inputs for TNM include traffic mix, traffic volume, speed, roadway geometry, and topographical information. Analysis of Abatement Strategies There are two primary factors, achievable noise reduction and cost effectiveness, that need to be considered in evaluating abatement strategies. Variations in noise barrier heights and lengths can be evaluated using TNM. This provides a baseline for comparison of alternative strategies. The goal of the noise abatement evaluation will be to obtain an 8 to 10-dBA traffic noise reduction. Cost estimates for abatement options will be prepared and submitted with the likely traffic noise abatement strategies and mitigation measures. A comparison of the total costs versus the number of receivers benefited and the reduction achieved will be included in the analysis of abatement strategies. It is anticipated that noise abatement using noise walls will be limited due to the nearly urban characteristic of the area and pedestrian and vehicular access constraints. Preparation of Traffic Noise Study Report Methodologies for receiver selection, noise monitoring, and noise predictions will be presented. The screening results and abatement strategies will be described in terms of noise reduction, cost, and aesthetics. One report will be prepared to present the Traffic Noise Study. The report will be prepared such that it will sufficiently address the potential traffic noise impacts. UAProposal 06\Transportation\Smith\Miller Road-Bull Valley.doc Figures will be developed using available aerial photography depicting the receiver locations and evaluated noise barrier locations, if applicable. The evaluated noise barriers will be depicted using a color code to identify barriers that meet the feasible and reasonable analysis and those that do not meet the criteria. Task 3: Proiect Coordination H&H will attend up to five meetings to discuss project alternatives and impacts based upon the results of the PESA and noise analysis. Task 4: OA/OC The results for the environmental analysis will be reviewed for quality assurance. In addition, four progress reports will be issued during the project. LEVEL OF EFFORT AND SCHEDULE The level of effort and project cost is provided in the CECS Form attached to this proposal. Costs will be invoiced as a cost plus fixed fee. UAProposal 06\Transportation\Smith\Miller Road-Bull Valley.doc PAYROLL ESCALATION TABLE ' FIXED RAISES NEW FORMULA FIRM NAME Huff d Huff,Inc. DATE 04/20106 PRIME/SUPPLEMENT Smith Engineering PTB NO. CONTRACT TERM 18 MONTHS OVERHEAD RATE 131.10% START DATE 05101106 COMPLEXITY FACTOR D RAISE DATE 01/01/07 %OF RAISE 5.00% ESCALATION PER YEAR 05/01/06 - 01/Ot/07 01/02/07 - 11/01/07 8 10 18 18 44.44% 58.33% 1.0278 The total escalation for this project would be: 2.78% BDEF-624-027 REV 6/05 PRINTED 04/20/06,3:44 PM Bureau of Design and Environment PAGE 1 PAYROLL RATES FIRM NAME Huff& Huff, Inc. DATE 04/20/06 PRIMEISUPPLEMENT Smith Engineering PTB NO. ESCALATION FACTOR 2.78% CLASSIFICATION CURRENT RATE ESCALATED RATE Principal $56.46 $58.03 Air Quality Manager $47.80 $49.13 Senior Compliance Spec. $36.60 $37.62 Senior Scientist 1 $23.76 $24.42 Senior Scientist II $32.86 $33.77 Senior Scientist III $35.72 $36.71 Senior Engineer 1 $28.96 $29.76 Senior Engineer II $33.54 $34.47 Senior Geologist $60.00 $61.67 Project Engineer 1 $24.72 $25.41 Project Engineer II $32.72 $33.63 Project Scientist 1 $15.72 $16.16 Project Scientist 11 $26.31 $27.04 Senior Technician $26.88 $27.63 Technician $20.15 $20.71 Admin.Manager $24.72 $25.41 Administrative II $17.12 $17.60 Administrative 1 $14.00 $14.39 Interns $11.50 $11.82 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 BDEF-824-027 REV 6/05 PRINTED 04/20/06, 3:44 PM Bureau of Design and Environment PAGE 2 Was De,F+,raF�+;���,.,� Cost Estimate of Consultant Services (Direct Labor Multiple) Firm Huff& Huff, Inc. Date 04/20/06 Route Mill Road/Bull Valley Road Section Overhead Rate 131.10% County McHenry Job No. Complexity Factor 0 PTB& Item (2.80+R)TIMES SERVICES % OF ITEM MANHOURS PAYROLL PAYROLL DIRECT BY TOTAL GRAND COSTS OTHERS (C+D+E) TOTAL A B C D E PESA 60 1,827.72 5,117.61 805.00 0.00 5,922.61 25.24% Traffic Noise Study 148 4,488.26 12,567.14 238.00 0.00 12,805.14 54.58% Project Coordination 33 1,075.12 3,010.33 31.00 0.00 3,041.33 12.96% QA/QC 16 593.60 1,662.09 31.00 0.00 1,693.09 7.22% TOTALS 2571 7,984.701 22,357.171 1,105.001 0.001 23,462.17 100.00% BDEF-824-027 Printed 04/20/06, 3:43 PM REV 6/05 Page 3 m De t TT Average Hourly Project Rates Route Mill Road/Bull Valley Road Section CountLf, McHenry Consultant Huff&Huff,Inc. Date 04/20/06 Job No. PTB/ftem Sheet 1 OF 1 Payroll Avg Total Pro act Rates PESA Traffic Noise Study Project Coordination 0AIQC Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Classification Rates Part Avg Part. Avg Part. Avg Part. Avg Part Avg Part Avg Principal $58.03 15 5.84% 3.39 4 6.67% 3.87 8 5A1% 3.14 1 3.03% 1.76 2 12.50% 7.25 Air Quality Manager $49.13 0 Senior Compliance Spec. $37.62 0 Senior Scientist 1 $24.42 0 Senior Scientist II $33.77 0 Senior Scientist III $36.71 0 Senior Engineer 1 $29.76 0 Senior Engineer II $34.47 32 12.45% 4.29 8 13.33% 4.60 8 5.41% 1.86 8 24.24% 8.36 8 50.00% 17.24 Senior Geologist $61.67 0 Project Engineer 1 $25A1 86 33.46% 8.50 28 46.67% 11.86 50 33.78% 8.58 8 24.24% 6.16 Project Engineer II $33.63 96 37.35% 12.56 16 26.67% 8.97 58 39.19% 13.18 16 48.48% 16.30 6 37.50% 12.61 Project Scientist 1 $16.16 0 Project Scientist 11 $27.04 0 Senior Technician $27.63 8 3.11% 0.86 8 5.41°/a 1.49 Technician $20.71 8 3.11% 0.64 8 5.41% 1.12 Admin.Manager $25.41 0 Administrative II $17.60 12 4.67% 0.82 4 6.67% 1.17 8 5.41% 0.95 Administrative 1 $14.391 0 Interns $11.82 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS F257 100% $31.07 60 100% $30.46 148 100% $30.33 33 100% $32.58 16 100% $37.10 0 0% $0.00 BDEF-824-027 REV 6105 PRINTED 04120/06,3:43 PM PAGE 4 SUMMARY OF DIRECT COSTS Project: Smith Engineering - Mill Road / Bull Valley Road DIRECT Task 09-PESA Trips 100 miles x 1 x $ 0.445 = $ 44.50 Reproduction 10 sets x 200 x $ 0.03 = $ 60.00 Color copies 10 sets x 20 x $ 0.16 = $ 32.00 Photo sheets 10 sets x 10 x $ 0.16 = $ 16.00 Federal Express 5 x $ 15.50 = $ 77.50 Record Search 1 x $ 525.00 = $ 525.00 FOIA 1 x $ 50.00 = $ 50.00 Task Total $ 805.00 Task 02-Traffic Noise Study Trips 100 miles x 1 x $ 0.445 = $ 44.50 Reproduction 10 sets x 200 x $ 0.03 = $ 60.00 Color copies 10 sets x 5 x $ 0.16 = $ 8.00 Photo sheets 10 sets x 5 x $ 0.16 = $ 8.00 Federal Express 5 x $ 15.50 = $ 77.50 Noise Meter 1 x $ 40.00 = $ 40.00 Task Total $ 238.00 Task 03-Project Coordination Federal Express 2 x $ 15.50 = $ 31.00 Task Total $ 31.00 Task 04-QAIQC Federal Express 2 x $ 15.50 = $ 31.00 Task Total $ 31.00 GRAND TOTAL $ 1,105.00 S:\Accounting\Proposals\Proposal-2006\Smith[Mill Road DC.xls]Direct Costs AN AGREEMENT FOR THE PROVISION OF LIMITED PROFESSIONAL SERVICES Firm: Regina Webster & Associates Inc Client: Smith Engineering Consultants 6160 North Cicero Avenue Suite 210 4500 Prime Parkway, Suite 201 Chicago, Illinois 60646 McHenry, Illinois 60050 Project Date: 5 June 2006 No.: Project Name/Location: McHenry Counts,McHenry, IL Scope/Intent and Extent of Services: See Attached Scope. Fee Arrangement: $8,200 lump sum. Special Conditions: Machines will be installed to count on a Tuesday or Wednesday or Thursday and checked approximately once every 24 hours. Recounts needed due to vandalism or cut or loosened hoses are not included in the scope of services. The Terms and Conditions and the initials required on the reverse of this form are a part of this Agreement. Offered by: Accepted by: (signature) (date) (signature) (date) Regina G. Webster, President (printed name/title) (printed name/title) Regina Webster& Associates, Inc. Smith Engineering Consultants, Inc. (name of Firm) (name of Client) Collection of Traffic Volume Data and Collection of Peak Hour Manual Counts with Turning Movements McHenry City,McHenry County,Illinois Scope/Intent and Extent of Services: Regina Webster & Associates will provide labor and equipment to collect peak-hour manual counts between 6: 00 AM to 9: 00 AM and 3 : 00 PM to 6 : 00 PM at the following intersections : - Illinois Route 31 at Miller Road, - Illinois Route 31 at Dartmoor Drive, - Miller Road at Green Street, and - Miller Road at River Road. The traffic counts will include classification by Passenger Car (PC) , Single Unit Truck (SU) and Multiple Unit Truck (MU) . The counts will be collected on a weekday from Tuesday through Thursday. The project deliverable is a summary of the traffic counts at the intersections in 15-minute intervals . Regina Webster & Associates will collect 24 hour traffic volume data at the following locations : IL31 / South of Miller Road, IL31 / North of Miller Road, IL31 / North of Dartmoor Road, Bull Valley Road / West of IL31, - Miller Road bet . IL31 & Green Street, Miller Road bet. Green Street & River Road, Green Street / South of Miller Road, Green Street / North of Miller Road, River Road / South of Miller Road, and River Road / North of Miller Road. The traffic volumes will be collected for a 24 hour period on a weekday from Tuesday through Thursday. Project deliverable is a summary of the data by direction in 15-minute intervals . Recounts needed due to vandalism or torn up machines are not included in the scope of services. TERMS AND CONDITIONS The Firm shall perform the services outlined in this agreement for the stated fee arrangement. Access to Site: Unless otherwise stated,the Firm will have access to the site for activities necessary for the performance of the services. The Firm will take precautions to minimize damage due to these,activities but have not included in the fee the cost of restoration of any resulting damage. Dispute Resolution: Any Claims or disputes made during design,construction or post-construction between the Client and Firm shall be submitted to non-binding mediation. Client and Firm agree to include a similar mediation agreement with all contractors,subcontractors,subconsultants,suppliers and fabricators,thereby providing for mediation as the primary method for dispute resolution between all parties. Billings/Payments: Invoices for the Firm's services shall be submitted,at the Firm's option,either upon completion of such services or on a monthly basis. Invoices shall be payable within 30 days after the invoice date. If the invoice is not paid within 30 days,the Firm may,without waiving any claim or right against the Client, and without liability whatsoever to the Client,terminate the performance of the service. Retainers shall be credited on the final invoice. Late Payments: Accounts unpaid 60 days after the invoice data may be subject to a monthly service charge of 1.5%(or the legal rate)on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing,the Client shall pay all costs of collection,including reasonable attomey's fees. Indemnification: The Client shall,to the fullest extent permitted by law,indemnify and hold harmless the Firm,his or her officers,director,employees,agents and sub- consultants from and against all damage,liability and cost,including reasonable attorney's fees and defense costs,arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement,excepting only those damages,liabilities or costs attributable to the sole negligence or willful misconduct of the Firm. Certifications,Guarantees,and Warranties: The Firm shall not be required to execute any document that would result in their certifying,guaranteeing,or warranting the existence of condition whose existence the Firm cannot ascertain. Limitation of Liability: In recognition of the relative risks,rewards,and benefits of the project to both the Client and the Firm,the risks have been allocated such that the Client agrees that,to the fullest extent permitted by law,the Firm's total liability to the Client for any and all injuries,claims,losses,expenses,damages or claim expenses arising out of this agreement from any cause or causes,shall not exceed$250,000. Such causes include,but are not limited to,the Firm's negligence,errors,omissions,strict liability,breach of contract or breach of warranty. Termination of Service: This agreement may be terminated by the Client or the Firm should the other fail to perform its obligations hereunder. In the event of termination,the Client shall pay the firm for all services rendered to the date of termination,all reimbursable expenses,and reimbursable termination expenses. Ownership of Documents: All documents produced by the Firm under this agreement shall remain the property of the Firm and may not be used by the Client for any other endeavor without the written consent of the Firm. Applicable Law: Unless otherwise specified,this Agreement shall be governed by the laws of the State of Illinois. Initial here: (Firm) (Client) S. A. M. cotis.itant-5, in, Gevte,hmeal Enginee--s cX AtlateriaLq Revised and upd,,ited JiD-e 19. 20()6 Niz. Ted Hamilton,P.E. Smith E-Igineering Consultants. lnc,. 4500 Prime ParA, .,;,&y 815-185-1778 - Phone McHenry, Illinois 60050 115-385-1781 - Fax Mwea Mod Proposal of Ex0orad in and COnYting Sexices Mer Road," PUver 111,nad improver-rent Pro ect fr,-d41(xd ![%,gth Mclicnry'Township. NkHer.-v 1,111j:lets SEC!Job,No. NICIIE-05015119-S-�,dV,. 'T-119 ja G Dear idn I-I nihon: S- A. IM, Consultants, Lnc.is jAeased to gnesem Ohs wised 1 roposW of guotcchdcal prok,Au, sort Loh , connection with the MUM Road/R-iver'koad Pmka. I h&Hemy Towns# A,NkFkn, Qnpq y n r Earlier, we had suloniiaed a proposal#SAJV1QM5QTQ44 deed Au gum 2Q, for t , roy 3onlewhXL larger length,of the project- Recently, 1-hrougyh a i icinc., Juac 16,2006, yt-i% regarding a revision in M rMs the project scope d suggested Hm! Ne mh a ed.pi,o.pc;sa'j s,�-mccs, -.1his prop1va1 and now addresses, to zhe r-:A5cd SCOPIC;-r-d ruperscdcs the awher Augum 29. proposal. Background The principal of S, & K C&MIMats. inc Lavc extoisive ., �r geotechnical exploratory services inclulng MIT &I sury, 17 cocs- in tbc Tr irzo� recent past. Our experience Icludes fed-,rally furidcd :projt-,L: inciLidn-,� reviewed and approved b llinos Dtarnm tTrm11u o e . 14)fff) z.i w61 W, otlh�- a-Lic COUIVY agencies. VVe I aut we have Ic r-qu-'red lmowle(gq Q laiow-how ana ill! i� %oills, and MOT design and construction przlct1-2cs so that Wc :an provide Am proposed scrucas a, A &I.1c, corn lets and expeditious manner for thd C-OMplete SaMaction ol'the desigrier�, and ;ncoVvnCI-s. Project Understanding The revised scopc of We Plem as Maed in "EKKI E, - SaTe of Cij'i Road / RNer Road Project" provided with the recent rue)no �-orr Smiri-, includes the follown.g details. g, The City cif IvIcHcrzy(City)working with the McHenry Coi;w-y of to improve h-0r-n Llinc,i;Polve 31 to Rher Row, Unpmemem, ul-nes'-iH sho be codes on LI-Ic altergccting of Blow koute I"2CCOMMO&itc 6�sign year traffic VM 3 1, Green Street and Nortrii Rover Road, AdditionaNy, the eA j,,q bridg ,ing,;vIiiie.- -,cf structu,,c River wili he widened to accommodate proposed `-ht-roject !Crl�rhs Oi th_ ;t'ud;: 500 fav 22"Street, Suite IC 1, Lo,IIT,67d, fllinoi4-�Ph wze- 63,0424-1260 L i. Proposal of Geongei,-n ic,,22-E vin rejtj(l?,,and C70,74St417-'.'g 5t r 1-i- ,I ?Hiller Aoad I RAW Road 1MvwvamvnY jlqkcr jlfclycnr�,Tol-vnship. June I R W06-Page 2 of 7 prcpasa! t WIXOM include; TO HYRomi From Ulin&Routc-,I r.o skiver.Road Or a kngth "'uoi HWI Vaury 'j AM Wes(of Ancis Roum 3 1: Illinois Rome 31 --2100 norh and 23010',sou-.1i of Mahe,- Still' north and 500' south of Millcr Road: wid River Road - not-;and:nuuh .-"f Nli��or combined length Of improv--ments is 1 A NO' or 3 25 r; mik,5 T'hc, is w) bc to the Federaj Standard-; eald pa EDOT chtwia- �s p art i-)f e e n 4,��1�r c n;-p T 7rL analyns of be exishng scAl conditions alonglthc prQicv,all!s111:nC7:, arc lo he condwlcdi. "1jdrcsL-,CS to the needs relaied to these soR anNyws as dear bed by Saivil in, their oiiglinil PFP letie-. 6C soil borings for roadway per!r)011' 'Stando—iids. Z. 15 pavernept cores I Fouj (4) iL-W,31er borM�,s to sufficient depths to juszky r',] Ion 'A." soil sarnples from water borings 1--ill c 1�stecj -14l iile siz:' Cbl' ",.;OUT amatsiv The%zter boiirigs%011,, bit P7C7o-,-r1_-,d fro—,, d j),jr;,,e 4. Two(--,)ablitmcnt borings to surficitnt&PA njuly 60 mo ohs gr BUT I SOW Apon to be r--pared I., ac.c(jrdaiace with TU) ,- Sta-dards for icA! and report formal and 6. Recommendations for undercuts/ocher soil remediat on mewmcnir, Scope of Services Tllc '10110%ving i;our revisec, estimate of^,hC .iCo-x:Of our Ser Traffic Control & Safety: For,he entire length, -7 all dril!irig- sxrrpLin�,w,%" , )f the projecl-, except fo, file "bridge bc cor-Ing wM be Perhaud within hic existing Hght-c,Pway. whwh "o:,,avy ,), traffic. 'We-wjji rieec.l sonje assyMmc hNn be cmmty WHEN Am possible Tmrivy closs,; --7�0 in I Ny! road traffic. -We vviij, provide traffic c c prsomie and j l c and Peraiits for the pen'.o-,niance ofour licid Field Services, Sixty(60), SFT borjrig,,;each at a depth of 10 ftel, Will be Mq(f at pre-3clected Jlor-afi_)ns! -100 MOT requirtmems) for the proper design of nev.,r,,)adw-,;y a.-id ro,-.d.z d)is fi ldwork, a total of600 lineal`feet of id-so!l HI!L-L,and s2t71p1.,1g, Four N) wamr borings SM a bug e end two, (2) IaTid bon%-- depths of 60 ton c,lPacit)'piles per IDOT cri"K, The A x each with 5-fool rock conng at ffic tiot,,orr, NEW Aspod Exp1orarion and Con,-;,drir Milier Road/Riicr Rood ,VcHen1"�- T,-wrship, 72,.noi,--- jun6? 19, 2006-Page. -;,of_7 Povcmcni 011CS: To determine the condition and thicicness of cxistini4 pavervtni, withill the -pro-j"to" a-011; t:IQ Road and It Ilver Wad, 15 pavement cores WH be ME I These cores will bc !o fior evaluation aild measulcmcnts. Tile Wes in the pavements crcattol b�, th,�: h". appropmale asphalt mix. a 02 f--,QL Sampling will Inc pe7forrrned in accotdance Wich, the DO-1 cm-mi2 ,rd appmphme wmpks WMmy KPI" samples, Vvill 1-,)t Collected as appmpriaze and as mandater by th 'T),')T rt:qui. -,.neatv r-,-A-mvcIy madisturbed She[l-.v tube sainples will be taken six su-umiLre if e.-p?rQp.riD!t, U collected samples ME be WuHy clanded in acmAcce w)th -Lh,- Uniii`od So , Soil samples will be Taken at 2,5 (ont donth trtemals o x t- ;"Irc 1 oc-' C, 0.,fl0 O 0 " borings}, and even! 5 foot ntt:rval bL.,low 30 feet. Growidwater Nviii be immedim0y after the compledon of cWHI; of enh, hom g Flvvations Ant=will Wo ben,,,---suvcd zid. L'!ocutnented on the borint� 014,10mrsatkoory AlworT9 T h,I I e lab testing nectssw'y in cvaluhtc the subgrade suppon i'ating, of tJh C-agung, subgr3de ;oiis .If', ?"s thc Wgn and conummn of Te Aven, WU be perfolm. ed, ��-;ts -Xi'll inciaidt, dotenninnzicn nf compressive 3trcrlgth, mcowe conntn'iuld Aticrher� lJTn,ZS dcTI=fILn-?tJr)ins fr`I cocsive zmalyst NOWng hydromewr and We mut6s Mr gmmiar sdk I ,ic,:;o,-dzncc %vith standards. At LIA,,- cornpietion or bt-ring and Liboratoi v am�ysii� sd profille �-ilc, Worn be road%nay boring rcmin wiV he ploned, Funlht% i rttpo�t v,,;'I! prcpctrce' "r'y ;,,n cxpericnoc(d geotQcilmicai re,7;.q,�e!ed in be Mae of Ukcjio ac-141 puide1ine, The report wfl. s'lam-moonz,., bag gtorechni:-'.' xpllora-ion PTOCIEtJ�Urlt-',. exp1omAn and Will yesam enhahn of conchnions all rc:.-cmmenda ,',,vs concerning 0---e and groundwater cnneinons; Reconuntrlded subgTade rewmeno ondor i-mprovevv-.nts. as ntf'_Ucel 7, r Bridge des#and support paramew AWdIg der`i Wdems des Ti pwamemrs GroundwateT and surface cnteri-:.; Other subsuilace co-,xhtioi,-" which may Apao :he delgr W con3ductian; aw", Preparation of Soil FrWe and Report per IDGIT requtreincn- ts Ar roadwa; Estimated FvC. Based oa the s;,,ope of services dttafled aLove. it is,estirnau d ullat the u.)ta, cost of o, including the EsIcd llaboratos�-/tests md thc plotting ol'.;oil profik, vvi•; -irj,,excced a lkinip sum., S,'157,L37, 'V,Ve are attachi-ng a +--opy of our - Tenns & Conditions- xslhicil :'.Should 'he con3idk-red o' propost. Tease note that the casu uu our bat awntes I 6-ds lim"o, ),ascd on our 5c(.)PC of services M,fler Road,,R s.-cr Road Projecr Adc"Her'ry fowrshl'-', Froposa",Nc� june 19, 2006 -Page Estinzates of qumshas of v&(-)j;3 scr%ic;,, UP-lits' Mdpekd and `heir ooszs Pj attachment to tills proposm Team now lhv� "'I't j-'r,"C's W��; ouri bcs" Urlderstamding of oui-sccpP. ofPi:LO1Cthc zh'._t zu-.- added all MUM 5% to Ne prices t,-iat weic li'Acd m otir 2,005 propo';al" to highe7 prnre-of gaz.oiin.e. We will OAM)CIf the appropriate 1,,)Cai -;-firlc zall- Itiiiry hot im J�aring ih: urjdt,rgr' cor' and smAce% poor to commer-cjTlg 0117 rleld Wi?rjC, 'VVc al'sc, that Permm i,:,3"'r'n for the roadway .iill be pro�ided to us by"he'Viflagt2 or Lake I-, th'! H"ilk. We plan on commencing the Old wow for this explorhor, wilic, tej,, vvc.'kj.,j; jaV" cl a-UThorization to Prcceee- W.- �Stiyrmt i tiimc frarnt (I,," y5 11� 6() days zff"�- 1'7-ld work fOr the coniplcti on of our emoc sem,%.s, aj)-d I jcct,,;,- We trust this prono-sal rneets you:' nccds' For eve in apg A? be Esmd Sm"Wel lVe a� OnCK; approval page" fir the responsibic p:j-rt,, zo sign ird rz:iumm Gij� page, Pjea.m if ihercaxe any questions. SumKqed .4, AL Consulta?m&Me- Amf(AD Rgman PLI),!Q� 'TL ReV A 062-011163 Principal �4 Houssam H. E i 4vi otirSj.Pl",.T-1., P.E. (7, Principal Ericicl;ores: As nd 500 Eam 22 Snile 'C', Lo.mba:rd, Min ois—!-'h'-me- 63 0-4:74-12 00 Fxv -63'61-4.'-"- i of FCC d prosoc! Fro 170-valiva S:,W-06-GTAI'; 2006-P-agc J Of.-i A`P PRO 1,'- L IN GE rite Services listed in this Proposal"-'rc i Tirle cf*he pers an: a r, the "ornpanv Pqvmenr ef the A�,e of's,71-vices. T) 0 a Dare signed: Easr Suite Jflinoi.;-60565-.1-44om-6,0424-1266; Far: 630- t kfd1c?-RoadRivct-Road project 1V':FCn?y To'-wilAip, "*Vd-fenl7v cozmn.. f7hrq"', Fropo3a/iVo, S,4i'-9-06-GT-019 Jerre 19, 2 0 0 6-P,!gr 6 Of CONFIRMATION and. AG. E'EMENT TERMS aDd com)rriONS ?AXXENJ;5; $A',l Conezu1ta-n',i;'iris., refttrte'j�,,S ANIi.sh.11!suijrvt .-P (11(-,thiV!Cr Wd aginAss mcumd emd not pr,vjovslt wri dw&s m=W m"an Far it uimom uV;W"n?Q a, V o invoice date, W; set fnnh by SAMV tanwr Inn we own gms W PM a ftiincc dhanc lftz--italf pncc... '. o e�;htdc'm pt-con't`1?';.)z'-1r:U311:'-. 'P";:fcc. jr, anrcmML 1MY ba a:.:&2.50 M%M"Wm'no 0001- ah.4 agcomalt. Im dm" ONTMM to P3} for tri: scrvi�-05 t1mL, Aj-='Mt AA no 4 romd 0 0 an ca WMA bCt;kiv.!iC of chc Chem'; iqrlbifit} tv aopfov,.;;,f governrlcwill )f ACCEPTANCE: ii Lj,cp yc!bLsj or procced, r n p r'! i,-: Agre--ment,it will bemutually underst(,(d ilia-Chen;ind SAN! 01 rianah6m,h, Th;S ,'onfrrirm.--.iw.. ,,vcn irL ih,,ob,imrC U!'W.-ilLm acccp=cc by choc ",-.'i8nz'd "opy of this Co,Prrntttitirj aA4 rnt*i kic rctuiTw,=i r wntieln rE:pon,c7an SAFETY:IS 15 mdetsmod,-Uldar,,"J[h3'..with -sp=0 Nj=Min hWh tend vZ�:!y -'A-W.i5 rt�.P��n�;'-Jlo'�C'-�-��'/rot its ficid Pmolinci of driej:acdvlti':a in the puf6mianct:()!' ;e;itnrr'd sclvtm-7 1 1 ;;FL'!4J th,'If-';ANf AmWe MY MWOMW Q the WMWAri and the safer or paim;on and how Ac Nqm(MX SAY W rm mv am&won, Lhe Project, I; is,funhe, unf),niood and aFced,Rrid ni^r ;7! 11TTjJL(;tjj:,F'o.'1hr ror Tolfft dim SA.%i 11'.'Aiar-,1 '1,41 ]W-, control or rcSpon;,;ihihty mm wV w"m of the cr-zViV% :MSt-nicliur,:lr u.4c of rir wnilar mrchmiwnl rpriLTiviu.-c-,S or safety d--!vicc-- x- deCifit,' aivi" ultmTt.'feG '1.-i% Wr"'. ic-' vT othn orchn-aticc,zluorig in u9y v tjy to Pr-,jt,:i safety, cherit shall provide, w its expense, baium and 114f namul W affbW W Did pervarwrl mcm to virriMmig, anvig, w locutions it,conforr-nainct with!cticra!,siju,and locni laths.ordinaricc and bUt fivi !irr;�:'j fo,Lh in OSHA 25 CFR 1 W EENTIJI; SA51 rnsw;the inglir to'fi.c and ,ift;r testing '-'Al bc c,DiiWW)or r(firM at the r;w;iridicat,:;in the s.ch-xuj':7aqchc4: STANDARD OF CA : SAM rcpfccry to I wA v"Wn W, n%mn, w 0, iv; Arrenvem w mom," wo n OMMMY oweisce,by repi;iuibic cngir':c-r!nC mirrion 10 M.Wng UnAT 0:00:s m!"mr W in or NO OTHER 07 ANY Kj-ND, EXPIRESSED OF, JJMPLlF.i-" AT '-."'IMMPON LA%4 '�-REATL- EXTENDED.NIADE,ORINFFENDEDBY 5FQVCET0R BY FORNNHUNG WAV09 %RKTP, UPORTS OF TRF FINDINGS MADE. SA-V 16 001 rcsoofi ibfc fbrsupLnvtsing directing.. or olhc,'W;sc bclnj� in ot,thc con.4tni�:tion tt� supervisuig.direcung,e-onzr,-lliriz r)r in cii318c ol 1he lun'! "vori, nf th. nr-:icc providur,not-ligagcd by SALT M&=U'L- �Sk,�; N : U so vc we he a so Omit W =6 Qo-] constiruenis%",.icb aie or may he pownt M Cr CATgUMS Nj WC F40MI tic or v%;h nny 0,fi:r-w1ie f;0 d-; ikw ,-=nrdou5 sut=ncc5 shall include,but not be limited re,any,,ub!'=1cU Which rows Or am I MR a pmm�;�r pou'rlu d 11,11,mf the V.vff0nMcM Wh.-Olef Comtrnad at i pr-:)duck, mz�vo,: wiv;"c or!wrplC an:: ;k in pswus fortn,The Cherl,shall nuti.fy$,""A pf all hazarcckvi rub,innc=;n"wh;ch tt n tir-A-hicb il Cnl-.Nng into thn;Ag,cmicru, The Taaliv.-,disclosarc npid mijkvion M SAM 00 be nand a am c x pmakhx upon Como,&A, vo.!j h;.:',tMmv;4 k r !i ter.Comm -Qvcr=W 7,nmm"� 4 M r. yo 'Wm&, nown rollowln. discluaurc LLK.Sct forth ir-the prcrdinj7 pLmign.)p1h,or ii an b3zarelous or condiunivS it oc by SA aha 111 SMViOn We undMani.SAM rmh at M ducrumn w4nd I emus tiritif rneasuv to -1; At Chill; and SANA jTw Am "n 4 nm w, yjtj occurdance with the informaocr,of condit,or, o,SA-1-1 ma;'nt it,discr-tion.tarinwauc the Ajrcr:m,7nt In TriQ C.vcn;t k!rfilinLtad pwri,;�uiL shah pa,Wi by av 5M.W.Vnic.'-f-c-d il-fillcr Road'RivcrRoad Pro,,cct Mcf-Ter,✓✓Toi-vnship, June 19,2006-Page.7 of 7 URNIS and CONDITIONS (Condnued) A,"2, f,jKTJ-QLqL&.% IT IS ---vREEC 7H AT THE Ctn& M A Xnnf,I RFr,;O%'PRY A(-,At,?,S7 S ANj FOR 1-1 17:�','--, oi SERVICES FEUCRMED Uv9E. THIS AGREDMENFI, V-11ET'HER P C!)NTRACT, TORT OR OMERWISE 13 S25010 AMOUNT OF SAWS FEE,%TI&EVER 75 SMALLER, 1T N EXPRESSLI WaD T14M TH CLIENT'S SOL r.ND REMEM' AGANST SANI FOR PROFESS 5EF,'-7iCE PERFQR'14E� i:\LiER THIS kGRQ-EME- , � `- COWMACT,TORT OR OTHERWISE_ 15,—.H.'AWARD OF DROVIAGES K''TO FS,';=-iD THL STIPUKATED vv1,:D1.J '! ME OR THE 06MO FIGURE.WHICHEVER IS Ski ALLER. TNN(J)EVENT:WALL SAN!BE LIABLE FOR WHETHER lN CCNTR ACT, TORT' OR OTHERMME, FOR CLIENT"S LOM OF PROHTS, DELAY Ok F-OR ANY SPECLU 1!%'Cl CONSEQUENT 1AL LOSS OR DAMAGE OF ANY N,:.TL:r,E ARIS INC, AJ.!,N-Y 1,P-I E Or.FROM All clainis,disn--t-, c, nnaers in ion an gig jut of.Or rviaking.,it,this Ap:r-trn,n, y wamt inducting bw no:INAINI wwwwn auwig ow,C!, driiZTI dc'I'Sc'..'. nvwmm wwounly ANPI) MA bu Qinnwr is rre.(U;1ion befrjrr and w a cwitwr ynnhnt w am use r=wf Ups wnv:,-, r0qLMit bVaithcT PQMg to Am Agmmmi to mWwAn":"MV=, 0—old SAM AW)Ndxl by intal otIrccirxi Such ,hall fit nladc—thin In!10,, jptr t f Pen �., the oditf: ')'. pveut of failure to rczch no agreement w to any gimme when Q selected i unable to or vwmiling in mediator cPftnoi be aF7ritd iman by Chou znd SANd YMM Indwstry M,:door)Rule,,.if tdi,n it tffoc-- ff,i dispute c;wot he settj-Kl through inedoatjoij as s-:: fj.-rh ahr;vc. then sLOi :ispw sl'50 by arbitration in w;d, Cowitnuction industry Arbitration lkulcs al the A-ncziCar.A71:utaTiCrt effect_ 0C...nond rx nmorntion ij-r party wititut !-,11(10)c.qlcn,)nr jay.k followilig temlina"I'm,0i ricdIation I 6a lelpi1natior.o-,tv!tiiediiirioL Slldi° h'. I' l notice of closing mtdiuL-,Qn prvt:,-c, jnp jv5tjC,,.y to WW, A, DMMW N;Mdmwn MPH be nwdw by 11M nm; dtiTafid.Ir -widh"I.0 otll ntr,- Ind Lh< j-',:�:,o�:-,,juv?. 111-- wvart� �t any Lv the and binding;or,h�th andOdwno"may be critneo a m h m xmigimc w h jwW D,, , M A,,, xty u-ton powson;M01%unn.&on wn,On n dcmand: 1 media[ n be mle mw on Im Q v=m 6an wo m"u P%1Y fftking d1f; dcmvmd kncw or Alowid have knu.;', „C tji,: jj ptj!r or -,I,\ iti` frurn. the dn7c of,ubv:writw-! pLv.UCIPxd,)i1 In Lhr whichev.r Occur radIST. All mediat.on.or aititrunDn Mall Mc Muz ut%=W,111=5=40 nuot and ;AM ap=M%ww, A&&for mw"n n wbw+w -and Hit cos!of tmn!toiption lord me,W.wMacd cty[ticricdvitur Or ar,^'mwor(,)ylu a i)c.prortinnc4l ealin thr Clictit ricr Alvl mnv dclepte.,j2:,jSn,qubici,c! Lrr.noo,!:,;aut;v, --8rorNillilhicv o! the witlen of die otlo"rw6y l. -e ih invCr. )'!7-n14,z and,X-ci,and h:ndjj,.g.ur;cn%-,e nj I (t n,he v SHVIVell: AL Ah9Wwn5 5%ag pria to cc tommajon w nwn' AnNAT MyTro%ChnN Rut SAM well%wAv,5e rwnpinbn vjSn QTAs'M A, I-S�IMJOE.01 COSTS 030C MILLER i Ri EEN, . CH'APEL Fah-k- PRRoJEC,%, MCHENRY COUNTY,ILLINOIS SCO.'2E OF WORK: Pagei oil DIIII & Sample 6", foad-ovay Wringsto 10 fee"deptll-i each A0 L�sf-mqs Yiiil rvqdile f?--finer)tri3ffic control 4 Water Bamings to be drilled from a birge to estimateJ rje.p!Y)-s of 55 feel each plus 6 irxot!acl,C�jrlcj in each 2 Abutment Borings et ach 610'de+---p p'us five• fee,of rock coring in each usir.9 taick mourted drill rrq Tr-P above six(6)borings to 1-,e sarnp ed every 2.5 to-et inlemials to 130 feet @;w)then every 5-facet intervals cof B-ackfrl all bf)nnas with bkitonite chip-s and sarnpie and depth per specifies! Aiso oviairllf)q-1 paveinem cores of exisunq roan a;pkaveniem and oien patun (he tjcAes w1u, aspr,ajt Utility clearance in advance by SAIM Consultants. The folk)-vving COMS and unit Yale%assume prevaiFng wages E P.1 DESCRIPTIC44 E 113TI MA I E D QUANTITY UiNITS LIN11 PRICE: S1.113*1 OTAI.. TOT& I COSTS OF 4 1h'ATE11-1 BORINGS, EACH 60 FEET DEEP FROM A'BARGE WILL BE DRILLED BY PRECON DRILL?N-,-:;PER THEIR PROPOSAL ATTACHED AT COSTS PLUS 10%)............... . ..... ................ ... ....... - ..... .......... . S27,492-10 THE FOLLOVANG COSTS APPLY TO THE REMAfNING SERVICES EXCLUDING ITEM NO, 1 ABOVE 2 NiOBil-]IZATION &. DEMOBIL17ATION OF TRUCK MOUNTED RIGS &f-RF--VVS LOICATING BOPNNGS F, UTILIT Y CI-E`+LA.NGE P. L.,c),catIng borings and lAility ctearance,-F.ield Engr. 20 I-Irs. b Truck munted rig for drilling& pavement coring including ue,,eA, 13 Days atSOAY) il,i 9 5 ix I G-Creating access tDabtitment borirqI s 4-0 FIFS SUHICOTAI- OF N110BI;UZATION GOST-q—.— $4,5 5 0.0 0 -N, 4cd Gcists cq ."anfii-me:41) NIL', r&6 j-04A, IT F 11,9 E 1 -Q Uf A t i I f 4 11 !J N j i N 11,L A N�V(" I Cj i'vV,"kY Fi F' 4 F. i 1 00 a- F)rii4ing Continuous SPI &1110.0 �-,-1 ss 13.0 h. T.,affic:Control cays 750-0 $2,250ML) -v,(!bcntonitc chips feet S ULit Ea h e. Patchivii(mcludes patching., I::-,ad) SLAITOTAL. FOR, MILL& SAMPLE ROAMNAY BORING EI-- A DRILL.E &EF. -- BRIDGE ASUIAMENT BORINGS a, E), li&wrilinu;Ais SVI 0-3u, Ei Nu c. E-ladr-oci(coring set up 2 Each $420-00 d. Coring Rock 10 `Net ee t e. Core tx-jxeB 2 91-10b y t obas-, 4 ,-azJi .SUB TOTAL FOR DRILL&SAIviPLE BRIDGE- A 8 L fl IIA E EK')R I f 5 COSTS OF GEOTECHNIGAL FK9,07INEERING SERVICES a. Feld Erigineer(JLA-1-')g dfilliVuj -150 -irs. b. Lcms preparaWn using gIN'J I L011-1p SWI) 500 C-Lab Testing per 00'r recIrmoL I Lump Sur--i 7,000 7,000 tests wredarmed NWI billed cl. Soil Profile plotting per IDOT 40 H rs. 65 2,600 u- Anatysis& Report Prepafa6con Pro ect Fngineer 80 firs. 8nu I 6,400 Review by Gbief Engr. 20 hrs. 1110 2,200 SUBTOTAL FOR COSTS OF GEOTECHNICAL ENGINFERNG& LABTESTING. ........ $29,200110 ESTIMATED TOTAL COSTS OF ALL SERVICjES INCLUDED IN THIS PROPOSAL................. 7,23 SUMMARY OF C)RILL!NG�':"SRVCES P,41111-LER ROAD A7 ?--CjX RIVE` CROSSH-%IG Fox Rkvr BoUgg DESCWTIRUS PUT VOST ;TOY. .............. �VD3�A,14 —,D- Drilling Coordirrrion 6 Hn Daily DrUvc! 0 Dym Wy SOMBAY Time ") I!:s. f0you Mour Supporr Vehick including, tolls 5 Days S35.00 T)ay Per D07i 4 Dq: 143, SKOK� F,PxRiver boring5-4 borings,pile.,dcp,L �pi vccr. w Driffing r Sampling Recon. Prior to Work 6 No, QW. 19910"; 14 and Imm cmw(CUF-45,) 40 H75 S.2.43.00' "Hrs. Boa cyinwr 0 rin, t') �9 r's. Bame Reaml IT X 20'BXTC Dy, $300 W 80at ard iM'otor Uq" Dz,.y� 312'11.00 Ponwom Ban WnWi(Requacs Boat Qvrpmo 0 Dpo NEM swPbw Barge MuhWzadon Prcparc Equipzmcnt 10 mn. '0.0i") Obtain Transporianor,Ptm,- iF. 3 Lt. s MAN", 0.0,Cj True-! s. Put In water Pr,,,. Cram Service 8 Hn s 115 00 S!zoo Barge Pwpmt EqWpmer.,,L r 65 ObviiLn Trzxsvc-rratior.Perm-its I-S. Travel S950 W Take out of NO= h 1 ^2i,i,' S" Cfanc Scrvi;;c 8 Hy, 517-'.rj0 TCYIAL CWT FOR FOX ROMEO BOW"k7S SWOW) PRECON n-PILLINC3 INC. =2NE) L U FL z' AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Chris Black,Finance Director FOR: December 4,2006 Regular Council Meeting RE: Abatement of Real Estate Taxes for Various Bond Issues Over the years, the City of McHenry has issued a variety of bonds that pledge various funding sources for repayment backed by the full faith and credit of municipality. In pledging the full faith and credit of the municipality, the bond ordinances require the County Clerk to levy property taxes for the debt service required on the bonds unless an abatement of the property tax by the local municipality is approved and filed with the County Clerk. In structuring the bonds in this manner, it was the intent of the City to annually abate the taxes provided the primary source of repayment is sufficient to cover the debt service requirement. Historically, the primary source of repayment has been sufficient to cover the debt service and the property tax has been abated. Projections show that revenue sources in the coming year will continue to provide adequate coverage for debt service requirements allowing the abatement of the property tax. Consequently, in order for the County Clerk to abate or reduce the property taxes levied, the City Council will need to approve the attached ordinances authorizing the abatements as follows: 1. GO Bonds (Alternate) Series 2000A $472,750.00 2. GO Bonds (Alternate) Series 2002 $368,187.50 3. GO Bonds (Alternate) Series 2005 $165,516.26 4. GO Bonds (Alternate) Series 2006 $221,490.24 An additional abatement is required on the Special Service Area#1A. As the Council is aware, financing for the signal and intersection improvements at Rt. 31 and Shamrock Lane was structured so that the City would contribute $25,000 toward the debt on an annual basis. The remainder of the debt service is to be provided by property taxes on the property owners in the defined special service area. In order to abide by this financing plan,the City Council will want to abate property taxes for the Special Service Area#lA in the amount of$25,000. It is the recommendation of staff to approve the attached ordinances for the abatements as listed. ORDINANCE NO. ORD-06-1341 AN ORDINANCE PROVIDING FOR AN ABATEMENT OF REAL ESTATE TAXES LEVIED FOR THE 2006 TAX LEVY YEAR PURSUANT TO AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, ILLINOIS, ON OCTOBER 18, 2000, PROVIDING FOR THE ISSUANCE OF $3,500,000 GENERAL OBLIGATION REFUNDING BONDS, (MOTOR FUEL TAX ALTERNATE REVENUE SOURCE),SERIES 2000A OF THE CITY OF MCHENRY, ILLINOIS. WHEREAS, an ordinance was adopted by the City Council of the City of McHenry, Illinois on October 18, 2000 providing for the issuance of$3,500,000 General Obligation Bonds (Motor Fuel Tax Alternate Revenue Source), Series 2000A of the City of McHenry, Illinois, prescribing the details of said bonds and providing for collection, segregation, and application of certain motor fuel taxes to pay said bonds; and WHEREAS, the Series 2000A Bonds are payable from, and are secured by a pledge of, the City's distributive share of motor fuel taxes imposed by the State of Illinois; and WHEREAS, pursuant to the aforesaid Supplemental Ordinance a direct tax has been levied for the 2005 Tax Levy Year in the amount of $472,750.00 for the payment of the principal and interest due in the year 2007 on the Series 2000A Bonds authorized by said ordinance; and WHEREAS, the City's distributive share of motor fuel taxes imposed by the State of Illinois which have been pledged for the payment of the principal and interest on the Series 2000A Bonds otherwise payable from such levy for the 2006 tax levy year are on deposit in the Series 2000A Debt Service fund established by Section 12 of the aforesaid Ordinance and it is therefore the determination of the Corporate Authorities of the City of McHenry, Illinois that the real estate taxed levied for the Tax Levy Year 2006 pursuant to said Ordinance shall be abated. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, as follows: SECTION 1. All real estate taxes authorized to be levied for the 2006 Tax Levy Year pursuant to the ordinance adopted by the City Council of the City of McHenry, Illinois on October 18, 2000, providing for the issuance of $3,500,000 General Obligation Bonds, (Motor Fuel Tax Alternate Revenue Source) Series 2000A of the City of McHenry, Illinois, be and they are hereby abated in the amount of 100% thereof. SECTION 2. The City Clerk shall file a certified copy of this Ordinance in the Offices of the Clerk of the County of McHenry, Illinois after the effective date of this ordinance. SECTION 3. All ordinances or parts thereof in conflict with the terms and provisions hereof be and the same hereby repealed to the extent of such conflict. SECTION 4. This ordinance shall be published in pamphlet form by and under the authority of the Corporate Authorities of the City of McHenry, Illinois. SECTION 5. This ordinance shall be in full force and effect immediately from and after its passage, approval and publication, as provided by law. Passed and approved this 4th day of December, 2006. AYES: NAYS: NOT VOTING: ABSTAINED: ABSENT: Mayor ATTEST: City Clerk ORDINANCE NO. ORD-06-1342 AN ORDINANCE PROVIDING FOR AN ABATEMENT OF REAL ESTATE TAXES LEVIED FOR THE 2006 TAX LEVY YEAR PURSUANT TO AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, ILLINOIS, ON 7ULY 11, 2005, PROVIDING FOR THE ISSUANCE OF $2,560,000 GENERAL OBLIGATION REFUNDING BONDS SERIES 2005 OF THE CITY OF MCHENRY, ILLINOIS, FOR THE PURPOSE OF REFUNDING THE OUTSTANDING GENERAL OBLIGATION BONDS (SALES TAX ALTERNATE REVENUE SOURCE),SERIES 1997A AND A PORTON OF THE OUTSTANDING GENERAL OBLIGATION BONDS (ALTERNATE REVENUE SOURCE), SERIES 2002. WHEREAS, an ordinance was adopted by the City Council of the City of McHenry, Illinois on July 11, 2005 providing for the issuance of $2,560,000 General Obligation Bonds, Series 2005 of the City of McHenry, Illinois, for the purpose of refunding the outstanding General Obligation Bonds (Sales Tax Alternate Revenue Source) Series 1997A and a portion of the outstanding General Obligation Bonds (Alternate Revenue Source) Series 2002; and WHEREAS, the Series 2005 Bonds are payable from, and are secured by a pledge of, the City's distributive share of sales and use taxes imposed by the State of Illinois and derived from transactions at places of business located within the boundaries of the City, including monies paid by the State in replacement of the City's distributive share of such taxes; and WHEREAS, pursuant to the aforesaid Supplemental Ordinance a direct tax has been levied for the 2006 Tax Levy Year in the amount of $165,516.26 for the payment of the principal and interest due in the year 2007 on the Series 2005 Bonds authorized by said ordinance; and WHEREAS, the City's distributive share of sales and use taxes imposed by the State of Illinois and derived from transactions at places of business located within the boundaries of the City which have been pledged for the payment of the principal and interest on the Series 2005 Bonds otherwise payable from such levy for the 2006 tax levy year are on deposit in the Series 2005 Debt Service fund established by Section 13 of the aforesaid Ordinance and it is therefore the determination of the Corporate Authorities of the City of McHenry, Illinois that the real estate taxed levied for the Tax Levy Year 2006 pursuant to said Ordinance shall be abated. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, as follows: SECTION 1. All real estate taxes authorized to be levied for the 2006 Tax Levy Year pursuant to the ordinance adopted by the City Council of the City of McHenry, Illinois on July 11, 2005, providing for the issuance of $2,560,000 General Obligation Refunding Bonds, Series 2005 of the City of McHenry, Illinois, for the purpose of refunding the outstanding General Obligation Bonds (Sales Tax Alternate Revenue Source) Series 1997A and a portion of the outstanding General Obligation Bonds (Alternate Revenue Source), Series 2002, be and they are hereby abated in the amount of 100% thereof. SECTION 2. The City Clerk shall file a certified copy of this Ordinance in the Offices of the Clerk of the County of McHenry, Illinois after the effective date of this ordinance. SECTION 3. All ordinances or parts thereof in conflict with the terms and provisions hereof be and the same hereby repealed to the extent of such conflict. SECTION 4. This ordinance shall be published in pamphlet form by and under the authority of the Corporate Authorities of the City of McHenry, Illinois. SECTION 5. This ordinance shall be in full force and effect immediately from and after its passage, approval and publication, as provided by law. Passed and approved this 4th day of December, 2006. AYES: NAYS: NOT VOTING: ABSTAINED: ABSENT: Mayor ATTEST: City Clerk -2- ORDINANCE NO. ORD-06-1343 AN ORDINANCE PROVIDING FOR AN ABATEMENT OF REAL ESTATE TAXES LEVIED FOR THE 2006 TAX LEVY YEAR PURSUANT TO AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, ILLINOIS, ON AUGUST 14, 2006, PROVIDING FOR THE ISSUANCE OF $2,995,000 GENERAL OBLIGATION BONDS(ALTERNATE REVENUE SOURCE),SERIES 2006 OF THE CITY OF MCHENRY,ILLINOIS, FOR THE PURPOSE OF FINANCING THE RIVERWALK PHASE I CONSTRUCTION. WHEREAS, an ordinance was adopted by the City Council of the City of McHenry, Illinois on August 14, 2006 providing for the issuance of $2,995,000 General Obligation Bonds (Alternate Revenue Source), Series 2006 of the City of McHenry, Illinois, for the purpose of financing the Riverwalk Phase I Construction; and WHEREAS, the Series 2006 Bonds are payable from, and are secured by a pledge of, the Tax Increment Financing Funds generated by a Tax Increment Financing (TIF) District established for the purposes of downtown redevelopment; and WHEREAS, pursuant to the aforesaid Supplemental Ordinance a direct tax has been levied for the 2006 Tax Levy Year in the amount of $221,490.24 for the payment of the principal and interest due in the year 2007 on the Series 2006 Bonds authorized by said ordinance; and WHEREAS, the Tax Increment Financing Funds have been pledged for the payment of the principal and interest on the Series 2006 Bonds otherwise payable from such levy for the 2006 tax levy year are on deposit in the Series 2006 Project Fund established by Section 12 of the aforesaid Ordinance and it is therefore the determination of the Corporate Authorities of the City of McHenry, Illinois that the real estate taxed levied for the Tax Levy Year 2006 pursuant to said Ordinance shall be abated. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, as follows: SECTION 1. All real estate taxes authorized to be levied for the 2006 Tax Levy Year pursuant to the ordinance adopted by the City Council of the City of McHenry, Illinois on August 14, 2006, providing for the issuance of $2,995,000 General Obligation Refunding Bonds, Series 2006 of the City of McHenry, Illinois, for the purpose of financing the Riverwalk Phase I Construction Project; be and they are hereby abated in the amount of 100% thereof. SECTION 2. The City Clerk shall file a certified copy of this Ordinance in the Offices of the Clerk of the County of McHenry, Illinois after the effective date of this ordinance. SECTION 3. All ordinances or parts thereof in conflict with the terms and provisions hereof be and the same hereby repealed to the extent of such conflict. SECTION 4. This ordinance shall be published in pamphlet form by and under the authority of the Corporate Authorities of the City of McHenry, Illinois. SECTION 5. This ordinance shall be in full force and effect immediately from and after its passage, approval and publication, as provided by law. Passed and approved this 4th day of December, 2006. AYES: NAYS: NOT VOTING: ABSTAINED: ABSENT: Mayor ATTEST: City Clerk ORDINANCE NO. ORD-06-1344 AN ORDINANCE PROVIDING FOR AN ABATEMENT OF REAL ESTATE TAXES LEVIED FOR THE 2006 TAX LEVY YEAR PURSUANT TO AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, ILLINOIS, ON OCTOBER 18, 2000, PROVIDING FOR THE ISSUANCE OF $3,900,000 GENERAL OBLIGATION BONDS(ALTERNATE REVENUE SOURCE),SERIES 2002 OF THE CITY OF MCHENRY,ILLINOIS, FOR THE PURPOSE OF FINANCING THE EDGEBROOK DRAINAGE AND NORTH INTERCEPTOR SEWER PROJECTS. WHEREAS, an ordinance was adopted by the City Council of the City of McHenry, Illinois on May 20, 2002 providing for the issuance of $3,900,000 General Obligation Bonds (Alternate Revenue Source), Series 2002 of the City of McHenry, Illinois, for the purpose of financing the Edgebrook Drainage and North Interceptor Sewer Projects; and WHEREAS, the Series 2002 Bonds are payable from, and are secured by a pledge of, the City's distributive share of sales and use taxes imposed by the State of Illinois and derived from transactions at places of business located within the boundaries of the City, including monies paid by the State in replacement of the City's distributive share of such taxes; and WHEREAS, pursuant to the aforesaid Supplemental Ordinance a direct tax has been levied for the 2006 Tax Levy Year in the amount of $368,187.50 for the payment of the principal and interest due in the year 2007 on the Series 2002 Bonds authorized by said ordinance; and WHEREAS, the City's distributive share of sales and use taxes imposed by the State of Illinois and derived from transactions at places of business located within the boundaries of the City which have been pledged for the payment of the principal and interest on the Series 2002 Bonds otherwise payable from such levy for the 2006 tax levy year are on deposit in the Series 2002 Project Fund established by Section 12 of the aforesaid Ordinance and it is therefore the determination of the Corporate Authorities of the City of McHenry, Illinois that the real estate taxed levied for the Tax Levy Year 2006 pursuant to said Ordinance shall be abated. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, as follows: SECTION 1. All real estate taxes authorized to be levied for the 2006 Tax Levy Year pursuant to the ordinance adopted by the City Council of the City of McHenry, Illinois on May 20, 2002, providing for the issuance of $3,900,000 General Obligation Refunding Bonds, Series 2002 of the City of McHenry, Illinois, for the purpose of financing the Edgebrook Drainage and North Interceptor Sewer Projects; be and they are hereby abated in the amount of 100% thereof. SECTION 2. The City Clerk shall file a certified copy of this Ordinance in the Offices of the Clerk of the County of McHenry, Illinois after the effective date of this ordinance. SECTION 3. All ordinances or parts thereof in conflict with the terms and provisions hereof be and the same hereby repealed to the extent of such conflict. SECTION 4. This ordinance shall be published in pamphlet form by and under the authority of the Corporate Authorities of the City of McHenry, Illinois. SECTION 5. This ordinance shall be in full force and effect immediately from and after its passage, approval and publication, as provided by law. Passed and approved this 4th day of December, 2006. AYES: NAYS: NOT VOTING: ABSTAINED: ABSENT: Mayor ATTEST: City Clerk ORDINANCE NO. ORD-06-1345 AN ORDINANCE PROVIDING FOR AN ABATEMENT OF REAL ESTATE TAXES LEVIED FOR THE 2006 TAX LEVY YEAR PURSUANT TO AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,ILLINOIS,ON DECEMBER 13, 1999, AUTHORIZING AND PROVIDING FOR THE CREATION OF SPECIAL SERVICE AREA #1A, FOR THE PURPOSE OF UNDERWRITING THE COST OF INSTALLING TRAFFIC LANE IMPROVEMENTS AND TRAFFIC SIGNALIZATION AT THE INTERSECTION OF SHAMROCK LANE AND ILLINOIS STATE ROUTE 31. WHEREAS, an ordinance was adopted by the City Council of the City of McHenry, Illinois on December 13, 1999 Authorizing the Creation of Special Service Area #1A in the City of McHenry, Illinois for the purpose of defraying the cost of installing traffic lane improvements and traffic signalization at the intersection of Shamrock Lane and Illinois State Route 31 for the City of McHenry, McHenry, Illinois. WHEREAS, it has hereby been estimated that the cost of providing the services identified in the ordinance will not be more than $800,000; WHEREAS, it is in the public interest that bonds in an amount not-to- exceed $800,000 be issued for the purpose of paying the cost of providing the services identified in the ordinance establishing Special Service Area #1A; and WHEREAS, the bonds shall be retired by the levy of a direct annual tax sufficient to pay the interest on the bonds and to discharge the principal thereof at maturity; and WHEREAS, the City of McHenry has agreed to pay its fair share of the annual debt service cost on these bonds and it has been determined the City's annual public benefit portion for the debt service cost to be $25,000. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, as follows: SECTION 1. All real estate taxes authorized to be levied for the 2006 Tax Levy Year pursuant to the ordinance adopted by the City Council of the City of McHenry, Illinois on December 13, 1999, authorizing and providing for the creation of a Special Service Area #1A in the City of McHenry, Illinois, be and they are hereby abated in the amount of $25,000. SECTION 2. The City Clerk shall file a certified copy of this Ordinance in the Offices of the Clerk of the County of McHenry, Illinois after the effective date of this ordinance. -1- SECTION 3. All ordinances or parts thereof in conflict with the terms and provisions hereof be and the same hereby repealed to the extent of such conflict. SECTION 4. This ordinance shall be published in pamphlet form by and under the authority of the Corporate Authorities of the City of McHenry, Illinois. SECTION 5. This ordinance shall be in full force and effect immediately from and after its passage, approval and publication, as provided by law. Passed and approved this 41h day of December, 2006. AYES: NAYS: NOT VOTING: ABSTAINED: ABSENT: Mayor ATTEST: City Clerk -2-