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HomeMy WebLinkAboutPacket - 5/2/2022 - City CouncilThe City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA REGULAR CITY COUNCIL MEETING Monday, May 2, 2022, 7:00 p.m. City Council Chambers, 333 S Green St, McHenry, IL 60050 1.Call to Order. 2.Roll Call. 3.Pledge of Allegiance. 4.Public Comments: 5.Consent Agenda. Motion to Approve the following Consent Agenda Items: A.Waive the competitive bidding process requirements and directly contract with Alliance Contractors of Woodstock, Illinois for emergency repairs and replacement of a failed storm sewer adjacent to the Pearl Street Bridge in an amount of up to $60,000.00; (Public Works Director Strange) B.Task Order for Phase III Engineering Services for the 2022 Rebuild Illinois Bond Funded Road Program to Trotter and Associations, Inc. in the amount of $126,213.00; (Pu blic Works Director Strange) C.Task Order for Phase III Engineering Services for the South Riverside Parking Expansion Project to Baxter and Woodman, Inc. in the amount of $23,105.00; (Public Works Director Strange) D.Award of Contract to Chicagoland Paving of Lake Zurich, Illinois in the amount of $235,000.00 and the approval of a construction contingency in the amount of 10% of the awarded contract price ($23,500.00) for the South Riverside Drive Parking Expansion Project; (Public Works Director Strange) E.Award of Bid to Patriot Pavement Maintenance of Des Plaines, Illinois in the amount of $64,999.40 (actual amount may vary based on final measured quantities) for the 2022 Asphalt Crack Sealing Maintenance Program; (Public Works Director Strange) F.Acceptance of Bid from Platinum Heating & Cooling, Inc. of Crystal Lake, Illinois in an amount not to exceed $28,172.00 to replace the air conditioning system in the SBR Control Room; (Public Works Director Strange) G.Waive Competitive Bidding and Accept the Proposal from Advanced Automation & Controls, Inc. in the amount of $42,975.00 to replace and upgrade the Water Division SCADA Radio Network; (Public Works Director Strange) H.Waive Competitive Bidding and Purchase a 2022 Ram Promaster 3500 van from Kunes Country Chrysler Ram of Platteville, Wisconsin for the amount of $60,730.00. (Police Chief Birk) 1 I. Police Department Renovation Project – 1) Adopt an Ordinance waiving the requirement for advertising for competitive bidding set forth in ILCS5/8-9-1 and the required competitive bidding called for within the City’s Purchasing Policies for the Phase 3 Police Department Renovation Project; and, 2) Approve and authorize Director Polerecky to enter inti five separate Purchase Order Contracts for a total amount not to exceed $184,584.30; (Police Chief Birk) J. Light the Night Event, Saturday, September 24, 2022, 3:00pm until 10:00pm – 1) Parks Special Use Permit to allow for food trucks, vendor tents and live music ; 2) consumption of alcohol in the park aside from the designated areas adjacent to All Marine Retro Rentals, fr om 4:00pm until 9:45pm; and, permission for an approximate 10 minute fireworks display beginning at 9:45pm; (Parks and Recreation Director Hobson) K. A 5-year lease with R Double J Ranch, LLC for Hickory Creek Farm at a rate of $2,400.00 per month; (Parks and Recreation Director Hobson) L. Parks & Recreation Facilities & Special Use Permit Requests; M. April 18, 2022 City Council Meeting Minutes; N. Issuance of Checks in the amount of $329,250.19. 6. Individual Action Item Agenda. A. Motion to approve a Video Gaming License for Margaritas Restaurant Bar, located at 2314 W. Illinois Route 120. B. Motion to approve an Ordinance amending the FY22/23 Developer Donation Budget in the amount of $125,000 for costs related to the installation of a Splash Pad at Whispering Oaks Park. (Parks and Recreation Director Hobson) 7. Discussion Items. A. All Marine Retro Rentals Liquor License – Discussion regarding potential to amend/expand their existing Class G Liquor License. (Staff) B. Food trucks at Miller Point Park. (Parks and Recreation Director Hobson) 8. Executive Session as needed. 9. Staff Report for May 2, 2022. 10. Mayor’s Report. 11. City Council Comments. 12. Adjourn. The complete City Council packet is available for review online via the City website at www.cityofmchenry.org. For further information, please contact the Office of the City Administrator at 815-363-2108. 2 This meeting will be live streamed with a quorum of the City Council physically present. Public comments may only be heard by members of the public physically present at the meeting. Remote public comments will not be heard. The public can listen and view the meeting from the following link: https://cityofmchenry.zoom.us/j/87225655747 3 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: May 2, 2022 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Pearl Street Bridge Storm Sewer, Emergency Repair ATT: Preliminary Force Account Estimate Repair Location Layout ______________________________________________________________________________ AGENDA ITEMSUMMARY: Staff is requesting that the City Council consider allowing staff to waive competitive bidding requirements and directly contract with Alliance Contractors of Woodstock, Illinois for the repair and replacement of a failed storm sewer adjacent to the Pearl Street Bridge. Staff is further requesting that the City Council consider providing staff the authority to approve the payment of force account invoicing up to an amount of $60,000. BACKGROUND: On Friday, April 22, 2022, Public Works staff was dispatched to respond to a sinkhole on the southwest corner of the Pearl Street Bridge. Upon investigation, it was determined that the sinkhole was due to a failed storm sewer which carries drainage from the intersection of Pearl Street and Riverside Drive to a point of discharge in the Fox River beneath the Pearl Street Bridge. The void from the sinkhole was found to reach beneath the eastbound roadway pavement and therefore the bridge was closed to traffic until further notice. The next morning , Public Works staff met with HR Green structural staff and Alliance Contractors to scope out an emergency repair. It was determined that the best course of action for the repair was to abandon the existing clay sanitary sewer which discharges into the Fox River, backfill voids behind the west abutment of Pearl Street Bridge with flowable fill, install a new storm sewer on a new alignment to a new southern point of discharge which was not underneath the bridge, and construct a new outfall cast into the existing concrete seawall behind the Old Bridge Tavern. This repair was recommended due to feasibility concerns with reinstallation of the existing configurations which included: installation of storm sewer below the existing abutment wall and between abutment piling, depth of excavation, removal of large amounts of bridge approac h pavement on Pearl Street, and aerial clearance issues for installation of a new outfall below the Pearl Street Bridge. 4 Due to the emergent and structural nature of the repair , staff recommended direct hiring of Alliance Contractors and forgoing the competitive bidding process with work performed on a force account basis. Staff presented the estimated expenditures to the City Council on April 25 in order to seek concurrence which was granted until the expenditure could be brought before the City Council at the next available meeting. To limit costs, the Public Works Department was able to provide traffic control equipment and furnish pipe materials to the jobsite. ANALYSIS: As this expenditure is not budgeted for, staff is recommending that the repair be funded out of the Fiscal Year 2022/2023 Capital Budget for the Road Resurfacing Program, specifically the Street Division Contractual Street Resurfacing Account (100-33-5300). This balance will be available to be diverted due to competitive bid results that are below current budget appropriation amounts for both awarded road program contracts. RECOMMENDATION: Therefore, if Council concurs, it is recommended that the City Council allow staff to waive competitive bidding requirements and directly contract with Alliance Contractors of Woodstock, Illinois for the repair and replacement of a failed storm sewer adjacent to the Pearl Street Bridge. It is further recommended that the City Council provide staff the authority to approve the payment of force account invoicing up to an amount of $60,000. 5 Pearl Street Bridge Storm Sewer Emergency Repair 1 Truck Driver x $120/Hr x 5 days x 8 Hr/Day = $4,800 2 Laborer x $120/Hr x 5 days x 8 Hr/Day = $9,600 2 Operator x $130/Hr x 5 days x 8 Hr/Day = $10,400 2 Pickup Truck x $35/Hr x 5 days x 8Hr/Day = $2,800 1 Dump Truck x $60/Hr x 3 days x 8 Hr/Day = $1,440 1 Excavator x $150/Hr x 3 days x 8 Hr/Day = $3,600 1 Skid Loader x $75/Hr x 4 days x 8 Hr/Day = $2,400 Mobilization = $3,000 Materials = $5,000 Total = $43,040 35% Contingency = $15,064 Approximated Total = $58,104 6 7 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: May 2, 2022 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: 2022 Rebuild Illinois Bond Funded Road Program, Phase III Engineering Services ATT: Trotter and Associates, Inc. Task Order AGENDA ITEM SUMMARY: Staff requests City Council to consider approving a Task Order for Phase III Engineering Services for the 2022 Rebuild Illinois Bond Funded Road Program to Trotter and Associates, Inc. BACKGROUND: The Fiscal Year 2022/2023 Budget includes approximately $4.4 Million in various funding for the 2022 City of McHenry Road Resurfacing Program. Due to the variety of funding sources and different rules regarding expenditures, the program was split up into two separate contracts. One contract includes approximately 4.3 miles of resurfacing and is funded with State Motor Fuel Tax (MFT) Funds and other City funds; this contract was awarded at the April 4th City Council Meeting in the amount of $943,473. The second contract includes 6.5 miles of resurfacing and is funded with Rebuild Illinois (RBI) Bond Funds as well as Motor Fuel Tax Funds; this contract was awarded at the April 4th City Council Meeting in the amount of $2,312,359. Both project plan sets and bidding documents were completed “in-house” with City staff. Due to work-load considerations, City staff will self-perform Phase III Construction Engineering Services on one of the contracts but will utilize the services of a prequalified consultant for a second contract portion of the program. Staff is planning on self-performing Phase III Services for the MFT and other fund project and will consult Phase III Services out for the RBI funded portion of the program. Staff selected Trotter and Associates, Inc. from the City pool of prequalified firms and solicited a proposal for Phase III Services for consideration. Trotter and Associat es, Inc. provided a comprehensive scope and fee in the amount of $126,213.00, which includes: construction inspection, project management, documentation of contract quantities, material testing services, processing of contractor payment requests and repor ting of progress to City Staff. 8 The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. ANALYSIS: Staff has reviewed task order with scope and fee provided by Trotter and Associates, Inc., has found the scope and fee to be acceptable, and is recommending approval of the Task Order for Phase III Engineering Services. The fee total includes $91,213 in Phase III fees and a $35,000 allowance for material testing services. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve a Task Order for Phase III Engineering Services for the 2022 Rebuild Illinois Bond Funded Road Program to Trotter and Associates, Inc. in the amount of $126,213.00. 9 City of McHenry Master Services Contract ver111721 17 ATTACHMENT A TASK ORDER In accordance with Section 1.2 of the Master Contract dated MAY 1, 2022 between the City of McHenry (the “City”) and TROTTER AND ASSOCIATES, INC. (the “Consultant”), the Parties agree to the following Task Number : 1.Contracted Services: 2.Project Schedule (attach schedule if appropriate): 3.Project Completion Date: All Contracted Services must be completed on or before: , 20 . 4.Project Specific Pricing (if applicable): 5.Additional Changes to the Master Contract (if applicable): ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED [signature page follows] 10 City of McHenry Master Services Contract ver111721 18 CITY CONSULTANT Signature Signature Director of Public Works And Engineering Printed Name , 20 , 20 Date Date If greater than, $10,000 the City Manager’s signature is required. Signature City Manager , 20 Date If compensation greater than $20,000, then the City Council must approve the Services Change Order in advance and the City Administrator or Mayor’s signature is required. Signature City Administrator , 20 Date 11 Manpower Requirements and Fee SummaryBenson Cieslica HuftalinDyeDavidson MerinoTBD McKenzie Cichowski WhitisHourly Rate$239$239$138$129$167$119$66$200 $166 $952022 feesProject Project Project SeniorCAD Engineering Land SurveyTotal FeeTask Principal Manager Engineer III Engineer II CAD Tech Tech IIIntern Surveyor Tech Admin Manhours SummaryPreliminary DesignKick‐off & Project Meetings0‐$                 Coordinate Geotechnical Consultant0‐$                 Topographic Survey0‐$                 Soil Borings0‐$                 Preliminary Design Drawings0‐$                 Preliminary Design Meeting0‐$                 Subtotal Preliminary Design0‐$                 Final DesignFinal Drawings0‐$                 Specifications0‐$                 Permit Submittals (IEPA\WDP\NOI)0‐$                 Opinion of Probable Costs0‐$                 Incorporate Comments0‐$                 Meetings0‐$                 Subtotal Final Design0000000000‐$                 Bid AssistancePre‐Bid Meeting0‐$                 Respond to Bidders0‐$                 Addenda0‐$                 Distribute Plans and Specifications0‐$                 Bid Review and Recommendation0‐$                 Subtotal Bid Assistance0000000000‐$                 Construction‐Related ServicesPre‐Construction Conference2461,030$        Clarify Documents0‐$                 Change Orders0‐$                 Shop Drawings0‐$                 Pay Requests3123 18 2,658$        *3 pay requestsStakeouts0‐$                 Resident Project Representation4545012042 537 84,765$      Subtotal Construction‐Related Services05046600012000 45 561 88,453$      Completion DocumentsBonds, Certificates, Warranties, Insurance0‐$                 Substantial Completion Inspection & Certification0‐$                 Record Drawings0‐$                 Final Completion Inspection & Certification2020 2,760$        Subtotal Completion Documents002000000 0 20 2,760$        TOTAL MANHOURS05048600012000 45 581 91,213$      ‐$                     12 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: May 2, 2022 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: South Riverside Parking Expansion ATT: Baxter & Woodman, Inc. Task Order AGENDA ITEM SUMMARY: Staff requests City Council to consider approving a Task Order for Phase III Engineering Services for the South Riverside Parking Expansion Project to Baxter and Woodman, Inc. BACKGROUND: The Fiscal Year 2022/2023 Budget includes $350,000 in Tax Increment Financing for expansion of parking facilities on Riverside Drive which will serve the downtown areas including Miller Point and the Riverwalk. Baxter and Woodman, Inc. was awarded a contract to perform design services for this project in December of 2021. Final plans were delivered in March of this year and Chicagoland Paving of Lake Zurich, Illinois was the low apparent bidder for the construction project. Upon acceptance of bids for construction of the project, staff requested a scope and fee for Phase III Engineering Services from Baxter and Woodman, Inc. The scope of services will include construction inspection, project management, documentation of contract quantities, processing of contractor payment requests and reporting of progress to City Sta ff. ANALYSIS: Staff has reviewed the scope and fee provided by Baxter and Woodman, Inc., has found the scope and fee to be acceptable, and is recommending the award of the Task Order for Phase III Engineering Services. 13 The City of McHenry is dedicated to pr oviding the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve a Task Order for Phase III Engineering Services for the South Riverside Parking Expansion Project to Baxter and Woodman, Inc. in the amount of $23,105.00. 14 City of McHenry Master Services Contract ver111721 17 ATTACHMENT A TASK ORDER In accordance with Section 1.2 of the Master Contract dated MAY 1, 2022 between the City of McHenry (the “City”) and BAXTER & WOODMAN, INC. (the “Consultant”), the Parties agree to the following Task Number : 1.Contracted Services: 2.Project Schedule (attach schedule if appropriate): 3.Project Completion Date: All Contracted Services must be completed on or before: 4.Project Specific Pricing (if applicable): 5.Additional Changes to the Master Contract (if applicable): ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED [signature page follows] Riverside Parking Phase III Engineering Services (Scope and Fee Attached) 1 Work will be perfomed concurrently with construction schedule Notice to Proceed on May 4, 2022 and 25 contract working days December 31, 2022 $23,105 (Fee Breakdown Attached) 15 City of McHenry Master Services Contract ver111721 18 Signature Signature Director of Public Works And Engineering Printed Name , 20 , 20 Date Date If greater than, $10,000 the City Manager’s signature is required. Signature City Manager , 20 Date If compensation greater than $20,000, then the City Council must approve the Services Change Order in advance and the City Administrator or Mayor’s signature is required. Signature City Administrator , 20 Date BAXTER AND WOODMAN, INC.CITY OF MCHENRY 16 April 4, 2022 Mr. Troy Strange, P.E. Director of Public Works City of McHenry 1415 Industrial Drive McHenry, IL 60050 Subject: City of McHenry – Riverside Drive Parking Lot – Phase III Engineering Services Dear Mr. Strange: Baxter & Woodman, Inc. is pleased to submit this Proposal for completing Phase III Engineering Services for the proposed Riverside Drive Parking Lot. Our project summary, scope of services, schedule, and engineering fee are presented below. Project Summary The proposed parking lot consists of the removal of existing parking lot and pavement, and construction of a new parking lot with asphalt pavement, curb and gutter, sidewalk, pavement marking, drainage structures and pipes, landscaping, fencing, and lighting. Fencing along the north side of a parking lot on the east side of Riverside Drive north of Venice Avenue may be included in the proposed improvements. The proposed parking lot improvements will serve City residents accessing the businesses and parks in the area, and provide City Public Works additional area for snow storage during winter months. The City is requesting a Phase III Engineering Services proposal to provide Part-Time inspection services, review of submittals, and general construction administration. Scope of Services 1. Act as the Owner’s representative with duties, responsibilities and limitations of authority as assigned in the construction contract documents. 2. PROJECT INITIATION A. Prepare Award Letter, Agreement, Contract Documents, Performance/Payment Bonds, and Notice to Proceed. Receive Contractor insurance documents. B. Attend and prepare minutes for the preconstruction conference, and review the Contractor’s proposed construction schedule and list of subcontractors. 3. CONSTRUCTION ADMINISTRATION A. Attend periodic construction progress meetings. 17 Mr. Troy Strange, P.E., Director of Public Works April 4, 2022 City of McHenry 171297.60  Page 2 B. Shop drawing and submittal review by Engineer shall apply only to the items in the submissions and only for the purpose of assessing, if upon installation or incorporati on in the Project, they are generally consistent with the construction documents. Owner agrees that the contractor is solely responsible for the submissions (regardless of the format in which provided, i.e. hard copy or electronic transmission) and for compliance with the contract documents. Owner further agrees that the Engineer’s review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend to safet y programs of precautions. Engineer’s consideration of a component does not constitute acceptance of the assembled item. C. Prepare construction contract change orders and work directives when authorized by the Owner. D. Review the Contractor’s requests for payments as construction work progresses, and advise the Owner of amounts due and payable to the Contractor in accordance with the terms of the construction contract documents. E. Research and prepare written response by Engineer to request for information from the Owner and Contractor. F. Project manager or other office staff visit site as needed. 4. FIELD OBSERVATION – PART TIME A. Engineer will provide a Resident Project Representative at the construction site on a periodic part-time basis from the Engineer’ office of not more than eight (8) hours per regular weekday, not including legal holidays (approximately 20 hours per week, for up to 126 hours) as deemed necessary by the Engineer, to assist the Contractor with interpretation of the Drawings and Specifications, to observe in general if the Contractor’s work is in conformity with the Final Design Documents, and to monitor the Contractor’s progress as related to the Construction Contract date of completion. B. Through standard, reasonable means, Engineer will become generally familiar with observable completed work. If the Engineer observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and Owner to address. Engineer shall not supervise, direct, control, or have charge or authority over any contractor’s work, nor shall the Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the site, nor for any failure of any contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor’s failure to furnish and perform 18 Mr. Troy Strange, P.E., Director of Public Works April 4, 2022 City of McHenry 171297.60  Page 3 the work in accordance with the contract documents, which contractor is solely responsible for its errors, omissions, and failure to carry out the work. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or any other person, (except Engineer’s own agents, employees, and consultants) at the site or otherwise furnishing or performing any work; or for any decision made regarding the contract documents, or any application, interpretation, or clarification, of the contract documents, other than those made by the Engineer. C. Part-Time Field Observation provides that the Resident Project Representative will make intermittent site visits to observe the progress and quality of Contractor’s executed Work. Part-Time Field Observation does not guarantee the Engineer will observe or comment on work completed by the contractor at times the Resident Project Representative is not present on site. Such visits and observations by the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor’s Work in progress or to involve detailed inspections of Contractor’s Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional judgment as assisted by the Resident Project Representative, if any. D. Provide the necessary base lines, benchmarks, and reference points to enable the Contractor to proceed with the work. E. Keep a daily record of the Contractor’s work on those days that the Engineers are at the construction site including notations on the nature and cost of any extra work. 5. COMPLETION OF PROJECT A. Provide construction inspection services when notified by the Contractor that the Project is complete. Prepare written punch lists during final completion inspections. B. Review the Contractor’s written guarantees and issue a Notice of Acceptability for the Project by the Owner. C. Review the Contractor’s requests for final payment, and advise the Owner of the amounts due and payable to the Contractor in accordance with the terms of the construction contract documents. 6. PROJECT CLOSEOUT – Provide construction-related engineering services including, but not limited to, General Construction Administration and Resident Project Representative Services. 19 Mr. Troy Strange, P.E., Director of Public Works April 4, 2022 City of McHenry 171297.60  Page 4 Project Engineering Fee Our engineering fee for the above stated scope of services will be based on our hourly billing rates for actual work time performed plus reimbursement of out-of-pocket expenses, including travel costs which in total will not exceed $23,105.00. Our hours and fee breakdown is attached. The attached Standard Terms and Conditions apply to this Proposal. If you find this Proposal acceptable, please initial the applicable Scope items and sign and return one copy for our files. Please contact Craig Mitchell at 815-444-3278 or cmitchell@baxterwoodman.com if you have any questions or comments. Sincerely, BAXTER & WOODMAN, INC. CONSULTING ENGINEERS Craig D. Mitchell, PE Vice President CITY OF MCHENRY, ILLINOIS ACCEPTED BY: ________________________________ TITLE: _________________________________ DATE: _________________________________ \\corp.baxwood.com\projects\Crystal Lake\MCHEC\171297-Court-Rversd-Park-Light\Contract\60 construction\171297.60_Riverside Parking Lot Phase III_Proposal.docx 20 CITY OF McHENRY, ILLINOIS RIVERSIDE DRIVE PARKING LOT - PHASE III ENGINEERING SERVICES Planned Labor Bill Consultant Fee Reimb Allowance 21,045.00 1,500.00 560.00 1,575.00 0.00 15.00 1,575.00 2,700.00 0.00 15.00 2,700.00 14,490.00 1,500.00 500.00 14,490.00 2,280.00 0.00 30.00 1,380.00 900.00 City of McHenry, Illinois - Riverside Drive Parking Lot - Phase III Engineering Services Level Emp Planned Hrs Compensation Fee Total Compensation Overall Project Total 161.00 21,045.00 23,105.00 CS100 Project Initiation 7.00 1,575.00 1,590.00 Craig Mitchell 7.00 CS105 Construction Administration 12.00 2,700.00 2,715.00 Craig Mitchell 12.00 CS110 Field Observation 126.00 14,490.00 16,490.00 Ryan Haupt 126.00 CS140 Project Closeout 16.00 2,280.00 2,310.00 Ryan Haupt 12.00 Craig Mitchell 4.00 Page 1 of 121 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: May 2, 2022 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: South Riverside Parking Expansion ATT: Bid Tabulation Baxter & Woodman, Inc. Recommendation to Award AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding a contract for the South Riverside Parking Expansion Project to Chicagoland Paving of Lake Zurich, Illinois. BACKGROUND: The Fiscal Year 2022/2023 Budget includes $350,000 in Tax Increment Financing for expansion of parking facilities on Riverside Drive which will serve the downtown areas including Miller Point and the Riverwalk. In order to construct the improvements in 2022, staff recommended the award of a design contract to Baxter and Woodman, Inc. to prepare plans for bidding and construction in fiscal year 2021/2022. This design contract was awarded in December of 2021 with engineering work commencing immediately after award of the contract. Plans were finalized in March of this year and the project was released for bidding with bids accepted on April 5, 2022. This project, when completed, will expand the existing South Riverside Parking Facility which is located at the corner of Riverside Drive and Venice Avenue. The current lot includes approximately 30 spaces which are contained within one parcel. The proposed lot will be constructed on the existing parcel and an adjacent lot which is also owned by the City and will include approximately 50 spaces. 22 The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. The scope of the project includes full pavement removal, construction of new aggregate base course and hot-mix asphalt pavement, removal and replacement of the existing lighting system, landscape restoration, pavement markings, installation of fencing, along with other necessary and incidental work. Construction is expected to begin shortly after award of the contract and will conclude this Summer. On April 5, 2022, a total of five (5) bids were received for the project. Two bid alternates were released for bidding which included multiple options for installation of fencing. Because all bids came in under the anticipated project budget, Bid Alternate 2, which includes installation of fencing along the north fence line of Miller Point, is recommended for award. A summary of bids for Alternate 2 is as follows: Chicagoland Paving $235,000.00 Chadwick Contracting Company $248,890.20 Maneval Construction Company $259,862.74 Schroeder Asphalt Services $288,120.28 Alliance Contractors $384,592.83 After a detailed review of the bids and line items, staff has concluded that Chicagoland Paving of Lake Zurich, Illinois is the lowest responsible bidder with a bid of $235,000.00. ANALYSIS: Staff has analyzed and checked the bids for accuracy and recommends awarding the contract to Chicagoland Paving of Lake Zurich, Illinois. This is a unit price contract and the final cost of construction will be based upon final measured and documented quantities. RECOMMENDATION: Therefore, if Council concurs, it is recommended to award a contract for the South Riverside Parking Expansion Project to Chicagoland Paving of Lake Zurich, Illinois in the amount of $235,000.00. It is further recommended to approve a construction contingency in the amount of ten percent (10%) of the awarded contract price ($23,500.00). The final contract price will be based on final measured quantities and may vary from the original contract amount. 23 24 25 26 27 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org CONSENT AGENDA SUPPLEMENT DATE: May 2, 2022 TO: Mayor and City Council FROM: Troy Strange P.E., Director of Public Works RE: 2022 Asphalt Crack Sealing Maintenance Program Bid Award ATT: Bid Tabulation Contract for Execution including Patriot Pavement Maintenance Proposal ______________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding the 2022 Asphalt Crack Sealing Maintenance Program to Patriot Pavement Maintenance of Des Plaines, Illinois. BACKGROUND: The Fiscal Year 2022/2023 Budget includes $65,000 in general funds for pavement maintenance which will be dedicated to pavement crack sealing. The City of McHenry, in addition to running a robust annual Road Resurfacing Program, attempts to perform routine pavement preservation and maintenance of all previously resurfaced streets to maximize the service life of the City’s asphalt pavements. Routing, cleaning, and sealing cracks is an effective pavement preservation practice for streets that exhibit nominal pavement distress. The primary cause of asphalt failure is water infiltration into the street sub grade. Cracksealing is one of the most cost -effective preventative maintenance practices for the City’s roadways. In Spring of this year, the City of McHenry partnered with the City of Crystal Lake, Village of Cary, Village of Gilberts, Village of Huntley, McHenry Township Road District, Village of Prairie Grove, and the City of Woodstock to issue the joint bid request. The City of Crystal Lake lead the bidding process and prepared contract specifications. The bid was a multi-year bid which included pricing for both this year and next. Bids were opened on April 6, 2022. 28 ANALYSIS: Bids for the multi-year Asphalt Crack Sealing Maintenance Program are as follows: • Patriot Pavement Maintenance $0.467/ LF • SKC Construction, Inc. $0.541/ LF • Denler Incorporated $0.57/LF The City’s original bid quantity of 145,000 at the awarded unit price would have exceeded the approved budget number for the project and therefore , staff is awarding a lesser number of 139,185 lineal feet, which is allowable as the awarding agency reserves the right to award all or a portion of the proposed quantities. This adjustment has been coordinated with the contractor and will result in an awarded contract value of $64,999.40. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve the bid award to Patriot Pavement Maintenance of Des Plaines, Illinois for the 2022 Asphalt Crack Sealing Maintenance Program in an amount of $64,999.40 (actual amount may vary based on final measured quantities). 29 4/20/2022Crack SealingBid Opening: 4/6/22, 10:00am Total Est. Quantity - LF of Cracks Filled Unit Price Annual Cost Total Est. Quantity - LF of Cracks Filled Unit Price Annual Cost Total Est. Quantity - LF of Cracks Filled Unit Price Annual CostCrack Sealant for Asphalt Pavement Applied - Year 1576,500 $0.467 $269,225.50 576,500 $0.541 $311,886.50 576,500 $0.570 $328,605.00Crack Sealant for Asphalt Pavement Applied - Year 2576,500 $0.479 $276,143.50 576,500 $0.570 $328,605.00 576,500 $0.600 $345,900.00Bid Alternate: Unit Price per Hour Unit Price per Hour Unit Price per Hour Sweeper with Disposal at Municiapl Facility$125.00 $150.00 $165.00Sweeper with Disposal Performed by the Contractor$125.00$170.00$240.00Patriot Pavement, Des Plaines, ILSKC Construction, West Dundee, ILDenler, Joliet, IL130 1 CITY OF MCHENRY PURCHASE ORDER - CONSTRUCTION (Small Projects) Date: May 2, 2022 Purchase Order No.___________________________________________ Project: 2022 City of McHenry Crack Sealing Program Location: Various Owner Contractor/Vendor Architect/Engineer City of McHenry 333 South Green Street McHenry, Illinois 60050 Phone: (815) 363-2125 Fax: (815) 363-2119 Contact: Troy Strange, Public Works Director Patriot Pavement Maintenance 825 Seegers Road Des Plaines, IL 60016 Contact: Matt Sollars Email: matt@patriotpavement.net Phone: Fax: Contact: COST OF WORK The Contract Price of the Work under this Purchase Order is $64,999.40. SCOPE OF WORK: Furnish the Work/items described below in accordance with the following plans and specifications: Q General Contract, dated _________, 20__ Q Specification No(s): ___________________, dated ______, 20__ Q Plans dated : Q Addendum No(s): ______________________________________ Q Other:_MCMPI Joint Bidding Document Released on March 17, 2022 . The following prices shall remain in effect for the duration of project: QUANTITY UNIT OF MEASURE DESCRIPTION/ITEMS UNIT PRICE EXTENSION 139,185 LF Hour Crack Routing and Filling Sweeper with Disposal at Municipal Facility Sweeper with Disposal Performed by Contractor $0.467 $64,999.40 TOTAL $64,999.40 NOTES: 1)________________________________________________________________________________________________________________ 2)________________________________________________________________________________________________________________ WARRANTIES and INDEMNIFICATION Contractor/Vendor agrees to provide the following warranties for the Work: (a) all workmanship to be warranted for a period of one (l) year - manufacturer warrants material; and (b) all other warranties contained elsewhere in the Contract Documents or Supplemental Conditions hereto. Further, CONTRACTOR/VENDOR SHALL FULLY INDEMNIFY AND SAVE THE CITY OF MCHENRY HARMLESS FROM ALL CLAIMS, LIENS, FEES, AND CHARGES, AND THE PAYMENT OF ANY OBLIGATIONS ARISING THEREUNDER, pursuant to the provisions in the Supplemental Conditions hereto. CONTRACT TIMES Contractor/Vendor agrees to complete the Work by September 2, 2022 in accordance with the Contract Special Provisions. THE TERMS OF THIS PURCHASE ORDER AND THE ATTACHED SUPPLEMENTAL CONDITIONS ARE THE ENTIRE AGREEMENT BETWEEN THE CITY/OWNER AND VENDOR. No payment will be issued unless a copy of this Purchase Order is signed, and dated and returned to the Owner. Material certifications/test reports required. All domestic material, unless otherwise specified. Purchase exempt from sales and/or use taxes. $125.00 $125.00 31 2 ACCEPTANCE OF PURCHASE ORDER The parties, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of all terms and provisions herein contained. IN WITNESS WHEREOF, the parties hereto have executed this Purchase Order the day and year written below. CONTRACTOR/VENDOR: PURCHASER: City of McHenry By: ________________________________________________ Title: Representative of Vendor authorized to execute Purchase Order Dated: _______________________________________________ SUPPLEMENTAL CONDITIONS 1. Acceptance of Purchase Order: The Purchase Order is an offer to contract, buy or rent and not an acceptance of an offer to contract, sell or rent. Acceptance of this Purchase Order is expressly limited to the terms hereof, and in the event that Contractor/Vendor’s acknowledgment or other response hereto states terms additional to or different from those set forth herein, this Purchase Order shall be deemed a notice of objection to such additional or different terms and rejection thereof. This Purchase Order may be accepted by the commencement of any Work hereunder or the delivery of any goods herein ordered, and, in any event, shall be deemed accepted in its entirety by Contractor/Vendor unless Owner is notified to the contrary within ten (10) days from its date of issue. 2. Amendment, Modification or Substitution: This Purchase Order contains the entire agreement between the parties. Any modification or rescission thereof must be in writing and signed by Owner. No proposals or prior dealings of the parties or trade custom not embodied herein shall alter the interpretation or enforcement of this Purchase Order. 3. Familiarity With Plans; Qualifications: Contractor/Vendor acknowledges that it (a) has examined the site of the proposed Work and is familiar with the conditions surrounding same; and (b) has examined the plans and drawings, and has studied and is aware of, and satisfied with, the requirements of the Contract Documents. Contractor/Vendor represents to Owner that it is fully experienced and properly qualified as an expert to perform the class of work provided for herein, and that it is properly equipped, organized and financed to handle such work. Contractor/Vendor shall finance its own operations hereunder, shall operate as an independent contractor and not as the agent of Owner, and shall hold Owner free and harmless from all liability, costs and charges by reason of any act or representations of Contractor/Vendor, its agents or employees. 4. Workmanship; Safety: All Work shall be performed by Contractor/Vendor in a neat, skillful and workmanlike manner, and all materials furnished by Contractor/Vendor shall be new and of the best description and quality of their respective kinds, unless otherwise specified and ordered by Owner in writing. All Work and/or materials shall be subject to the inspection and approval of the Owner, its engineers and representatives. Contractor/Vendor is responsible for its own and its employees’ activities on the jobsite, including but not limited to, the methods of work performance, superintendence, sequencing of work, and safety in, on or about the jobsite area in which it is performing the Work under this Purchase Order. Owner and Contractor/Vendor shall not require any laborer or mechanic employed in performance of this Purchase Order to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to his health or safety, as determined under applicable federal and Illinois construction safety and health standards 5. Extra’s and Change Orders: No claim by Contractor/Vendor that any instructions, by drawing or otherwise, constitute a change in Contractor/Vendor’s performance hereunder, for which Contractor/Vendor should be paid additional compensation shall be valid, unless prior to commencing such allegedly extra or changed performance, Contractor/Vendor shall have received a written supplement to this Purchase Order authorizing such performance signed on behalf of Owner by a person have actual authority to do so. No claim for additional compensation on the basis that Contractor/Vendor has incurred any expense by reason of any act or failure to act or Owner or its contractor, subcontractor, materialmen or any other party shall be valid unless made in writing within 30 days of the alleged act or failure to act and approved by Owner, provided, however, that if the Contractor/Vendor should be delayed in furnishing the articles, items, equipment or materials (hereinafter sometimes referred to as “goods”) or services or Work (hereinafter sometimes referred to as “Work”) ordered herein, by the omission, neglect or default of Owner, its agents or employees, Contractor/Vendor shall be entitled to no additional compensation or damages for such delay, and shall be entitled only to an extension of time for a period equal to the time lost as a result of the aforesaid causes, determined by Owner. Any charges for extra not so authorized will not be paid. 32 3 6. Inspection and Acceptance: Owner shall have the right at all reasonable times to inspect and test all goods, materials or Work furnished by Contractor/Vendor and all Work performed or furnished by Contractor/Vendor. Notwithstanding any prior inspection, the passage of title or any prior payment, all goods, material and Work furnished thereunder are subject to final inspection and acceptance by Owner at its job site. If, after inspection, Owner rejects any goods furnish by Contractor/Vendor thereunder, Owner may, at its election, return those goods to Contractor/Vendor at Contractor/Vendor’s expense, including the cost of any inspection and testing thereof. If Contractor/Vendor fails to proceed promptly with the correction or replacement of any rejected goods or Work, Owner may replace or correct such items or Work by purchase or manufacture and charge the cost incurred thereby to Contractor/Vendor or terminate this Purchase Order for default in accordance with paragraph 12 herein. By inspecting and not rejecting any goods and Work furnished thereunder, Owner shall not be precluded thereby from subsequently revoking its acceptance thereof it the goods or Work are later discovered to be nonconforming with this Purchase Order or the specifications and drawings applicable hereto, even if the defect does not substantially impair value to Owner. 7. Taxes, Delivery, Risk of Loss: Unless indicated to the contrary on the face hereof, it shall be the responsibility of Contractor/Vendor to arrange for and complete delivery of all goods or materials. If the goods or materials furnished thereunder are equipment, Contractor/Vendor shall give Owner two (2) working days’ advance notice of delivery. All goods or materials furnished by Contractor/Vendor should be shipped in the manner and at the times indicated on the face hereof at the expense of Contractor/Vendor, it being understood that the risk of loss with respect to such goods is with Contractor/Vendor until such goods come into the actual possession of Owner, regardless of the mode of delivery or earlier passage of title. This project is tax exempt. The Owner’s tax-exempt number is E_______________________________. 8. Payment: Owner will make partial payments to the Contractor/Vendor from time to time for the Work performed and the materials furnished by the Contractor/Vendor. Provided, however, in no event shall Owner be obligated to pay Contractor/Vendor any sum that exceeds the Contract Price absent a written change order executed by Owner. 8.1 Prior to issuance of any payments by the Owner to the Contractor/Vendor, the Contractor/Vendor shall furnish to the Owner (in a form suitable to the Owner) an application for the payment then due, together with receipts, waivers of claim and other evidence showing the Contractor/Vendor’s payments for materials, labor and other expense incurred in the Contractor/Vendor’s Work hereunder. The Owner will, at all times, be entitled to retain ten percent (10%) of all monies due and owing to the Contractor/Vendor as a part security for the faithful performance of this Agreement. This ten percent (10%) so withheld will not be paid to the Contractor/Vendor until the Owner has issued to the Contractor/Vendor a final acceptance of the Project. 8.2 Owner may withhold the whole or any part of any payment due to the Contractor/Vendor to the extent necessary to protect and indemnify the Owner from loss on account of (a) defective Work not remedied; (b) claims filed or reasonable evidence indicating probable filing of claims; (c) failure of the Contractor/Vendor to make payments promptly for material or labor; or (d) Contractor/Vendor’s failure to furnish Owner with all written warranties and operational manuals for the Work. 8.3 Contractor/Vendor hereby authorizes the OWNER (1) to deduct from any amount due or becoming due the Contractor/Vendor under this Agreement for all amounts owing from the Contractor/Vendor to (a) the Owner for back-charges or services furnished for the account of the Contractor/Vendor; (b) the Owner for damages sustained whether through negligence of the Contractor/Vendor or through failure of the Contractor/Vendor to act as may be otherwise detailed herein; (c) materialmen; (d) subcontractors; (e) laborers; and (f) others for services and materials furnished to the Contractor/Vendor for the Work performed under this Agreement, and (2) to apply the amount so deducted to the payment of said materials, services, damages or back-charges applying such monies so available in the order hereinbefore set forth. 8.4 Owner, without invalidating this Agreement, may make changes by altering, adding to or deducting from the Work to be performed. The value of any such changes will be determined as follows: (a) by the unit prices named in this Agreement, if any; or (b) by agreement in writing between the Owner and the Contractor/Vendor as to the value of the time and materials for the changes in the Work. In any event, the Contractor/Vendor will keep and present, in any form as the Owner may direct, a correct account of the net cost of any extra labor and materials, together with vouchers referring to the same. 8.5 Notwithstanding the payment in full for the Work hereunder, the Contractor/Vendor will be liable to repair or replace any imperfect workmanship or other faults; and if the Contractor/Vendor fails to repair or replace the imperfect workmanship or other faults, the Owner may do the Work and recover from the Contractor/Vendor the cost and expense thereof. No payment on account will be construed or considered as an approval of the Work for which payment is made. 9. Contractor/Vendor Warranty: Contractor/Vendor warrants in addition to all warranties which are imposed or implied by law or equity that all materials and Work furnished thereunder (a) shall confirm to any specifications and drawings applicable to this Purchase Order; (b) shall be merchantable and of good quality and workmanship; (c) shall be fit for the purpose intended as well as the propose for which such goods, materials or Work are generally used; and (d) except for rented equipment, shall be free from defects for a period of one (1) year, or such longer period as is specified in the Scope of Work or Contract Documents, from the date such Work is performed or such materials are utilized or installed, and if installed as part of a structure or utilized equipment, for one (1) year or such longer period as is specified in the Contract Documents, from the date any such goods, materials or Work hereunder is accepted in writing by Owner. Contractor/Vendor expressly agrees that the statute of limitations with respect to Contractor/Vendor’s warranties shall begin to run on the date of acceptance by Owner. 33 4 10. Insurance and Bonds: Contractor/Vendor shall at all times maintain business automobile, commercial liability and workers compensation insurance covering its work and all obligations under this Purchase Order, and shall name the Owner as an additional insured on its commercial liability insurance policies for Contractor/Vendor operations under this Purchase Order. Liability insurance limits shall be in an amount sufficient to protect the Owner’s interests as they may appear herein, but in no event less than $1,000,000.00 per occurrence. Contractor/Vendor shall furnish and pay for surety bonds and with surety or sureties satisfactory to Owner, guaranteeing the full performance of all of the conditions and terms hereof and guaranteeing that Contractor/Vendor shall promptly pay for all labor, materials, supplies, tools, equipment and other charges or costs of Contractor/Vendor in connection with the Work. Such performance and payment bond shall be in an amount determined by Owner. 11. Indemnity: The Parties hereby agree to indemnify, and hold each other, their respective direct and indirect parents and subsidiaries, project manager, any of their affiliated entities, successors and assigns and any current or future director, officer, employee, partner, member or agent of any of them (the “Indemnitees”) harmless from any and all claims , demands, liability, loss, damage, fines, penalties, attorney’s fees and litigation expenses (collectively “Loss”) arising out of injury to, including the death of, persons and/or damage to property, to the extent caused by the negligent acts or omissions of the party providing such indemnification. Further: 11.1 Contractor/Vendor acknowledges that any such items or Work furnished hereunder may include in whole or in part with or without modification or improvements in equipment, machinery or items constructed by Owner, and that should such item or Work prove defective such charges claimed by Owner shall include consequential damages, penalties, taxes or assessments (including punitive damages), including counsel fees and the costs of defense, which may be imposed or incurred under any federal, state or local low, ordinance or regulation upon or with respect to (a) the payment of compensation to any individual employed by Contractor/Vendor; (b) any discrimination against any individual employed by Contractor/Vendor on the basis of race, color, religion, sex, national origin or physical or mental handicap; (c) the protection of purchasers and users of consumer products; or (d) occupational safety and health. 11.2 In any and all claims against Owner or any of its agents or employees, by any employee of Contractor/Vendor, the indemnification obligation under this paragraph shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor/Vendor under workers compensation acts, disability benefits acts or employee benefit acts, or other applicable law. Contractor/Vendor assumes the entire liability for its own negligence, and as part of this Agreement waives all defenses available to Contractor/Vendor as an employer which limit the amount of Contractor/Vendor’s liability to Owner to the amount of Contractor/Vendor’s liability under any workers compensation, disability benefits or employee benefit acts. 12. Patents: Contractor/Vendor warrants that (a) goods furnished thereunder, and the sale and use thereof, shall not infringe any valid United States patent or trademark; and (b) Contractor/Vendor shall indemnify Owner for its costs to defend any suit instituted against Owner, its agents or customers, charging infringement of any United States patent or trademark by virtue of the possession, use or sale of any goods furnished thereunder is enjoined because of patent infringement. Contractor/Vendor within a reasonable amount of time shall at Contractor/Vendor’s expense procure for Owner its agents or customer, the right to continue using such goods with non- infringing goods or modify such goods so that they become non-infringing or remove such goods and refund to Owner any sums paid therefore, including transportation and installation charges. 13. Cancellation: Time of delivery of this Purchase Order is of the essence and Owner may, by written notice of default to Contractor/Vendor, cancel the whole or any part of this Purchase Order (a) if Contractor/Vendor fails to make delivery of the goods or perform the services within the time specified herein or any extensions thereof; or (b) if Contractor/Vendor fails to perform or so fails to make progress as to endanger performance thereunder, and in either circumstance does not cure such failure within a period of two (2) days after receipt of notice from Owner specifying such failure. Owner, by written notice to Contractor/Vendor, may cancel the whole or any part of this Purchase Order when it is in the best interest of Owner or when Owner has been notified of modification of the specifications pertaining thereto. If this Purchase Order is so canceled, the Contractor/Vendor shall be compensated as follows: (a) for materials delivered and services performed, the reasonable value as part of the Contract Price; (b) for materials not identified to this Purchase Order and service not performed, no compensation; and (c) for Contractor/Vendor’s lost profits or incidental or consequential loss, no compensation. 14. Remedies: Contractor/Vendor shall, for the duration of its warranties under paragraph 9 herein, at the discretion of Owner and at the expense of Contractor/Vendor, replace, repair and insure any and all faulty or imperfect goods, materials or Work furnished or performed by Contractor/Vendor thereunder. In the event Contractor/Vendor fails to do so, Owner may furnish or perform the same, and may recover from Contractor/Vendor the cost and expense directly or indirectly resulting there from, including all consequential damages but not limited to the cost or expense of inspection, testing, removal, replacement, re-installation, destruction of other materials resulting there from, any increased cost or expense to Owner in its performance under contracts with others, and reasonable attorneys fees incurred by the Owner in connection with Vendor’s default and Owner’s enforcement of its rights under this Purchase Order. The foregoing remedies shall be available in addition to all other remedies available to Owner in equity or at law including the Uniform Commercial Code. 34 5 15.Compliance With Laws: During the performance hereunder, Contractor/Vendor agrees to give all notices and comply with all Laws and Regulations of the United States and/or the State of Illinois applicable to the performance of the Work, including but not limited to those Laws and Regulations regarding the payment of prevailing wages, non-discrimination laws, employment of Illinois workers, labor, wage and collective bargaining. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Contractor/Vendor’s compliance with any Laws or Regulations. 16.Notices: All notices, demands, requests or other communications which may be or are required to be given, served, or sent by any party to any other party pursuant to this Purchase Order shall be in writing and shall be hand delivered, or sent by courier, or via facsimile with confirmation to the addresses shown on the Purchase Order. 17.Records, Reports and Information: Contractor/Vendor agrees to furnish Owner with reports and information regarding the Work performed under this Purchase Order, at such times as Owner may reasonably request, making full disclosure of efforts made by Contractor/Vendor and the results thereof. Contractor/Vendor agrees to maintain records, documents, and other evidence which will accurately show the time spent and Work performed under this Purchase Order for a minimum period of five (5) years after completion of the Work, and such records shall be subject to audit by the Owner upon reasonable advance notice to Contractor/Vendor on a mutually agreed date and time. 18.Assignment: Contractor/Vendor shall not assign this Purchase Order without written consent of Owner. Owner may unilaterally assign its rights under this Purchase Order upon reasonable notice to Contractor/Vendor. 19.Waiver: Either party’s failure to insist in any one or more instances, upon the strict performance of any provision hereof or to exercise any right hereunder shall not be deemed to be a waiver or relinquishment of the future performance of any such provision or the future exercise of such right, but the obligation of Contractor/Vendor and Owner with respect to such future performance shall continue in full force and effect. 20.Controlling Law, Severability: The validly of this Purchase Order or any of its provisions and the sufficiency of any performance thereunder shall be determined under the laws of Illinois. Venue shall be in McHenry County, Illinois. The Owner is entitled to recover its reasonable attorneys’ fees incurred in enforcing the terms of this Purchase Order. If any provision or requirement of this Purchase Order is declared or found to be unenforceable that balance of this Purchase Order shall be interpreted and enforced as if the unenforceable provision or requirement was never a part hereof. 21.Arbitration: Claims, disputes or other matters in question between the parties arising out of or relating to the Work under this Purchase Order or breach thereof shall be subject to and decided by Arbitration in accordance with the American Arbitration Association Construction Industry’s Arbitration Rules. Arbitration shall take place at City of McHenry City Hall. CONTRACTOR/VENDOR: _____________________________________________________________ ____________________________________ Date 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: May 2, 2022 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: SBR Control Room Air Conditioning Replacement ATT: Platinum Heating and Cooling, Inc. Proposal AGENDA ITEM SUMMARY: Staff requests that the City Council consider accepting a proposal from Platinum Heating & Cooling, Inc. for the replacement of the air conditioning system in the Sequence Batch Reactor Control Room at the Wastewater Treatment Plant. BACKGROUND: The Sequencing Batch Reactor (SBR) treatment process is a system that was constructed in 2017 as part of the treatment plant expansion and consolidation project. The control room houses the critical electrical equipment necessary to operate the system, including Variable Frequency Drives (VFDs), Motor Control Centers (MCCs), and Programmable Logic Control lers (PLCs). These components give off heat as they operate and must be kept in a climate-controlled environment to prevent overheating and subsequent failure of the equipment and treatment process. The existing Stulz air conditioning system has already been repaired several times but has failed again and now requires complete replacement of the condensing system to restore operation. It has been determined that the refrigerant line sets currently installed are too small for the application and are causing premature compressor failure. Due to this series of failures, staff included replacement of these units as a Water and Sewer Capital Budget request in the Fiscal Year 2022-2023 Budget. Returning the air conditioning system to an operational status as quickly as possible, before the hot summer weather arrives, will greatly reduce the risk of experiencing a failure of any of the critical components of the SBR control system or treatment process. Staff solicited proposals for the replacement of the air conditioning system from three (3) qualified HVAC contractors: Sherman Mechanical Inc. of Cary, Althoff Industries of Crystal Lake, 88 and Platinum Heating & Cooling Inc. of Crystal Lake. Contractors were allowed the discretion to either replace the existing equipment with the same make and model, or to recommend a suitable alternative. ANALYSIS: The proposals submitted by qualified contractors are as follows: • Sherman Mechanical (replace with matching units) $56,462.00 • Althoff Industries (replace with alternate units) $28,282.00 • Platinum Heating & Cooling (replace with alternate units) $28,172.00 Staff has reviewed the submitted proposals and has found Platinum Heating and Cooling ’s submittal to be the lowest acceptable proposal. RECOMMENDATION: Therefore, if Council concurs, it is recommended to accept the proposal from Platinum Heating & Cooling, Inc. of Crystal Lake, IL in an amount not to exceed $28,172.00 to replace the air conditioning system in the SBR Control Room. 89 ESTIMATE Customer: City of McHenry Job Address: 3200 Charles J Miller Road Email Address: kbeggs@ci.mchenry.il.us McHenry, IL 60050 -Remove and dispose of all old equipment -Install 2 new 480 3-phase air handlers -Hang units from the ceiling -Install drain pan under unit with safety float switch -Install new supply duct work with supply registers -Install new return duct work with return filter grill -Reconnect 480-volt electric -Run new thermostat wire -Install new 7/8x3/8 line set with new low voltage wire -Install new 3/4in PVC drain lines -Install 2 new 480 3-phase 3-ton condenser’s -New pads -New disconnects -New whips -Install 2 new Honeywell WIFI thermostats Total Est. Cost with Labor: $28,172.00 10-Year Parts Warranty 10-Year Compressor Warranty 5-Year Thermostat Warranty 1-Year Labor Warranty Half down upon signing of contract Balance paid on completion of job X__________________ Date________ X____________________ Date________ City of McHenry 03/24/2022 Jeremiah Matchen 03/24/2022 If you have any questions or concerns about this estimate, please contact me directly. Sincerely, Jeremiah Matchen President Cell: (815) 790-6672 Email: platinumheatingandcooling@gmail.com 90 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: May 2, 2022 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Water Division SCADA Radio Network Replacement ATT: Advanced Automation and Controls Inc. Proposal ____________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests City Council to consider accepting the proposal from Advanced Automation & Controls Inc. (AAC), of McHenry, IL for the replacement and upgrade of the Water Division SCADA Radio Network. BACKGROUND: The SCADA (Supervisory Control And Data Acquisition) Radio Network allows the Water Division operators to monitor the City’s four water treatment plants and four water towers for alarms and adjust systems remotely. This ability allows operators to respond to alarms and other critical issues in a timely manner to avoid costly and potentially more harmful situations. The City’s four water towers, four water treatment plants and two emergency power generators are continuously monitored by the SCADA system. In addition to monitoring and controlling the water treatment plants, the SCADA Radio Network also provides a higher level of cybersecurity which is crucial for safety and continuity of operations. Replacing and upgrading the Water Division SCADA Radio Network will ensure continued safe and reliable communications between the water treatment plants, water towers and operators. Replacing and upgrading the SCADA Radio Network will also continue to allow Water operators to respond to alarm situations immediately. Because water production and security thereof are critical infrastructure needs that require immediate response time and due to the proprietary nature of SCADA software systems , staff works with a sole source provider for SCADA communication services. This project was identified in the FY22/23 Capital Project listing and was included in the ten-year capital projection associated with the recent Water & Sewer Base Fee increase. 91 ANALYSIS: Staff has reviewed the proposal from Advanced Automation and Controls, Inc., has found the scope of work and cost to be acceptable, and is recommendin g acceptance of the proposal by the City Council. RECOMMENDATION: Therefore, if Council concurs, it is recommended to waive competitive bidding and accept the proposal from Advanced Automation & Controls Inc. for $42,975.00 to replace and upgrade the Water Division SCADA Radio Network. 92 93 94 95 96 97 98 99 100 101 102 ORDINANCE NO. An Ordinance Authorizing Renovation of City Hall for Police Department Purposes waiving Advertising for Bids and Waiving Certain City Purchasing Policies WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois. WHEREAS, on August 16, 2021 City Council approved a design and bid project with FGM Architects to complete design and bid plans for the phase 3 police department remodel, which includes the construction of a new classroom and new women’s locker-room. WHEREAS, to maintain competitive pricing without the formality of seeking sealed and advertised competitive bids, staff has obtained a minimum of two quotes per prime contractor trade/discipline in order to provide council with cost references. WHERAS, the City has determined there it is in the City’s best interest to enter into Purchase Order Contracts for Phase 3 of the Police Station Renovation with C&S Fabrication Services Inc, McHenry Heating & Air, Lit’N’Glow Electric, Reiche’s Plumbing and Sewer Rodding, and SH Freund & Son Inc. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: In order to allow the City to move forward with Phase 3 of the Police Station Renovation, the City hereby waives the requirement of advertising for competitive bids set forth in 65 ILCS 5/8-9-1 and the required competitive bidding called for within the City’s Purchasing Policies. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed this 2nd day of May, 2022. Ayes Nays Absent Abstain Alderman Devine _____ _____ _____ _____ 103 Alderman Glab _____ _____ _____ _____ Alderman Harding _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy Clerk 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park_recreation CONSENT AGENDA SUPPLEMENT DATE: May 2, 2022 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: McHenry Riverwalk Foundation Light the Night Event AGENDA ITEM SUMMARY: The McHenry Riverwalk Foundation has been working with the City of McHenry to coordinate the “Light the Night” event once again at Miller Point Park. They are requesting use of the space and city assistance to host an event entitled “Light the Night” on September 24, 2022 from 3pm – 10pm that would include music, food, alcohol, artisans/crafters and a brief fireworks display. BACKGROUND: The “Light the Night” event has been hosted two times in Miller Point Park so far and each has been extremely successful for the community, visitors and for the vendors. Previous events have included artisans/crafters that set-up along the Riverwalk frontage and two to three food vendors in the parking lot. The Riverwalk Foundation and the City have partnered with All Marine Retro Rentals who currently holds a liquor license for this site to provide the alcohol. Other areas of the park have been designated kid’s area with face painting and STEM activities by Snapology. There typically have been two to three music acts for the evening and last year a display by Fire dancers. This year’s event is proposed to follow the same format. The centerpiece of the event will continue be the lighting of 10 - 36” fire globes with unique designs that local businesses have sponsored. The fire globes will have wood that will be placed in them for the night and will be manned by Parks and Recreation maintenance staff. The globes will be lit at dark and will remain lit for approximately 2 hours. A final portion of the event that is in the planning process is a small Venetian Night boat parade on the Fox River that is being organized by All Marine Retro Boats. At the end of the evening organizers are requesting permission for a 10 minute fireworks show over the Fox River at approximately 9:45pm. 133 All events are will be completed by 10pm and the anticipated attendance for the event is 2,000 people. ANALYSIS: This proposed event will be co-sponsored by the McHenry Riverwalk Foundation and the City of McHenry. It will have a very similar look and feel that that of a Thursday night City Band Concert at Veteran’s Memorial Park except it will be located on the Fox River. It is a low intensity event, yet one that takes advantage of the new space and draws notoriety to the city’s presence on the Fox River. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be considered to approve: 1) a Parks special use permit to allow for food trucks, vend or tents and live music, 2) to allow alcohol in the park aside from the designated areas adjacent to All Marine Retro Rentals at Miller Point Park on Saturday 9/24 from 3pm – 9:45pm and 3) permission for an approximately 10 minute fireworks display at 9:45pm . 134 ,ƵďDĂƌŬĞƚ YƵĞWĂƐƚĂ tŝƐĐŽŶƐŝŶY ůůDĂƌŝŶĞZĞƚƌŽ ZĞŶƚĂůƐĂƌ ŽƩŽŶĂŶĚLJ dƌŽƉŝĐĂůŚŝůů ƌŽƉKī 135 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park_recreation CONSENT AGENDA SUPPLEMENT DATE: May 2, 2022 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: Hickory Creek Farm Lease – New Tenant ATT: Hickory Creek Farm Lease Grounds Map AGENDA ITEM SUMMARY: The City of McHenry is proposing to enter into a 5-year lease with R Double J Ranch, LLC for the management and horse boarding operation at Hickory Creek Farm. BACKGROUND: The City of McHenry has maintained a lease of the Hickory Creek Farm for almost 30 years. During this entire time there has only ever been one tenant. This Spring that tenant has informed the City of his intention to retire as of April 1, 2022. There was interest from the outside in leasing the property and taking up the operation. Eventually, this process was narrowed down to three parties. A committee of The Parks and Recreation Director, the Parks and Recreation Maintenance Superintendent and the Deputy City Clerk was assembled to spend a day interviewing the interested parties. T hrough these interviews one group emerged as a well-rounded team with experience, resources, and a significant community interest: Dan Taylor and Brigette Birong. Upon their selection for recommendation to City Council, Staff presented an amended lease based on the terms that have been in place for years with the former tenant. There were some minor changes regarding the term and the accessibility of the pond. The rate for the farm rental will remain at $2,400 per month. The tenants are requesting that the May and June payments be suspended as they clean the facility and make improvements at their own cost. 136 ANALYSIS: Mr. Taylor and Mrs. Birong and their team bring a renewed energy to the facility. Their team is excited to take on the facility, improve it and make it more accessible to the public. Their team includes all aspects of time, talent, and resources to make this operation successful. Their desire for a strong partnership was evident in their presentation. They were able to layout a cle ar 30- and 60-day plan to take on the farm and get up to speed immediately. They have also met with Mr. Sikula multiple times to discuss the facility and the operation. A five-year lease is being proposed to allow for stability as they grow their endeavo r. It is essential to keep the building occupied but more importantly occupied with qualified people. Too many times unoccupied building become maintenance nightmares and attractive nuisances. This team will look to partner with the city and make improv ements immediately to the barn and to the grounds. Their ideas will create a location that the community will be more aware of and have the ability to interact with. Dan and Brigette have established and LLC R Double J Ranch to cement their partnership a nd to run the operation. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be considered to approve a 5- year lease of the Hickory Creek Farm with R Double J Ranch, LLC at a rate of $2,400 per month . 137 LEASE AGREEMENT This Lease Agreement is entered into on May 1, 2022, between the CITY OF MCHENRY, ILLINOIS, an Illinois municipal corporation, 333 S. Green Street, McHenry, Illinois, hereinafter referred to as “City” or “Lessor" and R DOUBLE J RANCH, LLC , 4400 W. Lake Shore Drive, McHenry, Illinois, hereinafter referred to as “Lessee.” WHEREAS, Lessee desires to lease from the City that part of Petersen Park which is located south of McCullom Lake Road and shown on Exhibit “A” as parcel 1, for the sole p urpose of conducting a horse boarding and horse training operation thereon; and to be given permission to harvest hay from that part of Petersen park located on the north side of McCullom Lake Road, and shown on Exhibit “A” as parcel 2, under the terms and conditions set forth in this Lease Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS HEREIN STATED, LESSOR AND LESSEE HEREBY AGREE AS FOLLOWS: 1. LEASED PREMISES : Lessee leases from Lessor that part of the Premises sh own on the attached Exhibit “A” as parcel 1, which is located south of McCullom Lake Road for the sole purpose of conducting a horse boarding, horse training and event operations thereon. In addition, during the term of this Lease Agreement, Lessee is hereby granted permission to enter upon that part of Petersen Park, which is located on the north side of McCullom Lake Road, and shown as parcel 2 on Exhibit “A ,” for the purpose of mowing, making, and removing standing crops of grass growing thereon. 2. TERM OF LEASE : The term of this lease Agreement shall commence as of May 3, 2022 and shall end on April 30, 2027. 3. RENT: Lessee shall pay rent in the amount of Two Thousand, Four Hundred Dollars and 00/100 per month beginning July 1, 2022 at Lessor’s address above. Lessor to give Lessee two months free rent, in lieu of major clean -up, scrap removal and minor repairs. 4. CONDITION AND UPKEEP OF PREMISES : Lessee has examined and knows the condition of the Premises and acknowledges that no representa tions as to the condition and repair thereof have been made by Lessor, prior to or at the execution of this lease that are not herein expressed; Lessee will keep the Premises including all appurtenances, in good repair, replacing all broken glass with glas s of the same size and quality as that broken, and will keep the Premises, including adjoining Premises, in a clean and healthful condition during the term of this le ase at Lessee’s expense, and upon the termination of this Lease, in any way, will yield up the Premises to Lessor, in good condition and repair, loss by fire and ordinary wear excepted, and will deliver the keys therefore at the place of payment of said rent. 5. LESSEE NOT TO MISUSE; SUBLET; ASSIGN: Lessee will not allow the Premises or any portion thereof to be used for any purpose that will increase the rate of insurance thereon, nor for any purpose other than that hereinbefore specified, and will not sublet the same or any part thereof, nor assign this lease, nor grant to any party an int erest in the real estate, and Lessee will not permit any transfer by operation of law of the interest in the Premises acquired through this lease, and will not permit the Premises to be used for any unlawful purpose, or for any purpose that will injure the reputation or increase the fire hazard of the building thereon, and will not permit the same to remain vacant or 138 2 unoccupied for more than ten consecutive days, nor permit any alteration of or addition to any part of the Premises; all alterations and addit ions to the Premises shall remain for the benefit of Lessor. 6. MECHANIC’S LIEN : Lessee will not permit any mechanic’s lien or liens to be placed upon the Premises or any building or improvement thereon during the term hereof, and in case of the filing of such lien, Lessee will promptly pay same. If default in payment thereof shall continue for thirty (30) days after written notice thereof from Lessor to the Lessee, the Lessor shall have the right and privilege at Lessor’s option of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expense and interest, shall be so much additional indebtedness hereunder due from Lessee to Lessor and shall be repaid to Lessor immediately on rendition of bill therefore. 7. INDEMNITY : To the fullest extent permitted by law, Lessee shall indemnify, defend and save Lessor, its officers, employees and agents harmless and indemnified from all injury, loss, claims or damage to any person or property while on the Premise s occasioned by an act or omission of Lessee, or anyone claiming by, through or under Lessee. Lessor and Lessor’s officers, agents and employees shall not be liable for, and Lessee waives all claims for, damage to person or property sustained by Lessee or any person claiming through Lessee resulting from any accident or occ urrence in or upon the Premises, excluding any accident or occurrence without any act or omission by the lessee, resulting from the general use and public enjoyment of the pond on the su bject property. 8. INSURANCE: At Lessee’s sole expense, Lessee shall maintain, during the term of the lease, comprehensive public liability and property damage insurance, insuring Lessor and Lessee, their officers, employees and agents, against all claims, demands, or actions for injury, death or damage to property and protecting Lessor and Lessee from all causes, including their own negligence, in an amount of not less than One Million Dollars ($1,000,000.00) arising out of any one occurrence, made by or on behalf of any person, firm or corporation, arising from, relating to, or connected with the conduct and operation of Lessee’s business on the Premises; Lessee shall also maintain at his expense, adequate insurance coverage, insuring such equipment, fixtures, horses, and personal property belonging to Lessee and his tenants. All of said insurance shall be in form, provided by responsible companies satisfactory to Lessor, and shall provide that it will not be subject to cancellation, termination or change e xcept after at least thirty (30) days prior written notice to Lessor. Such insurance may be provided under a blanket policy, provided than an endorsement naming Lessor and others as an additional insured. The policies or duly executed certificates for the same, together with satisfactory evidence of the payment of the premium thereon, shall be deposited with Lessor upon execution of this Agreement. 9. WATER, GAS, ELECTRIC AND TELEPHONE CHARGES : Lessor will pay all water, gas and electric light and power bills taxed, levied, or charged on the Premises, for and during the time for which this lease is granted . Lessee shall pay all telephone, Cable, Internet and related charges, which are taxed, levied, or charged on the Premises, for and during the time for wh ich this lease is granted. 10. KEEP PREMISES IN REPAIR : Lessor shall not be obliged to incur any expense for repairing any improvements upon said Premises or connected therewith, and the Lessee, at his own expense, will keep all improvements in good repair (injury by fire, or other causes beyond Lessee’s control excepted) as well as in a good tenantable and wholesome condition, and will comply with all laws and ordinances applicable thereto, Lessee will, as far as possible, keep said improvements from 139 3 deterioration due to ordinary wear and from falling temporarily out of repair. If Lessee does not make repairs as required hereunder promptly and adequately, Lessor may, but need not make such repairs and pay the costs thereof and such costs shall be so much addit ional rent immediately due form and payable by Lessee to Lessor. 11. ACCESS TO PREMISES: Lessee will allow Lessor free access to the Premises for the purpose of examining or exhibiting the same, or to make any needful repairs, or alterations thereof, which Lessor may see fit to make, or for any other purpose, and will not interfere with the same; including access to the property for construction and installation of utilities. In addition, Lessee shall permit Lessor: ▪ Hayrides: Use of the grounds for storage of the hay wagon and for trips through the property north of McCullom Lake Road ▪ Tours: Parks and Recreation Department tours for educational purposes including summer day camps and preschool field trips (information on care of horses) ▪ Open House Program: Scheduling of one open house program in the fall of the year to allow for public viewing and historical tours conducted by the McHenry Landmark Commission or McHenry County Historical Society ▪ Advertisement: Information to be included in one of the City’s sea sonal brochures about the horse boarding facilities at the park 12. TERMINATION : Either party may at any time terminate this lease by giving ninety (90) days’ written notice of its intent ion to do so. 13. HOLDING OVER : Lessee will, at the termination of this lea se by lapse of time or otherwise, yield up immediate possession to Lessor, and failing so to do, will pay as liquidated damages, for the whole time such possession is withheld, the sum of One Hundred Dollars ($100.00) per day; but the provisions of this clause shall not be held as a waiver by Lessor of any right of re -entry as hereinafter set forth; nor shall the receipt of said rent or any part thereof, or any other act in apparent aff irmation of tenancy, operate as a waiver of the right to forfeit this lease and the term hereby granted for the period still unexpired, for a breach of any of the covenants herein. 14. EXTRA FIRE HAZARD : There shall not be allowed, kept, or used on the premises any inflammable or explosive liquids or materials save such as may b e necessary for use in the business of the Lessee, and in such case, any such substances shall be delivered and stored in amount, and use, in accordance with the rules of the applicable statutes and ordinances now or hereafter in force. 15. CITY ORDINANCES : Lessee hereby covenants to comply with all ordinances of the City of McHenry, which shall be in effect from time to time. 16. DEFAULT BY LESSEE : If default be made in the payment of the above rent, or any part thereof, or in any of the covenants herein contain ed to be kept by the Lessee, Lessor may at any time thereafter at its election declare said term ended and re -enter the Premises or any part thereof, with or (to the extent permitted by law) without notice of process of law, and remove Lessee or any person s occupying the same, without prejudice to any remedies which might otherwise be used for arrears of rent, and Lessor shall have at all times the right to distress for rent due, and sh all have a valid and first lien 140 4 upon all personal property which Lessee now owns, or may hereafter acquire or have an interest in, which is by law subject to such distrain, as security for payment of the rent herein reserved. 17. NO RENT DEDUCTION OR SET OFF : Lessee’s covenant to pay rent is and shall be independent of each and every other covenant of this lease. Lessee agrees that any claim by Lessee against Lessor shall not be deducted from rent nor set off against any claim for rent in any action. 18. RENT AFTER NOTICE OR SUIT: It is further agreed, by the parties hereto, that af ter the service of notice, or the commencement of a suit or after final judgment for possession of the Premises, Lessor may receive and collect any rent due, and the payment of said re nt shall not waive or affect said notice, said suit, or said judgment. 19. PAYMENT OF COSTS: Lessee will pay and discharge all reasonable costs, attorney fees, and expenses that shall be made and incurred by Lessor in enforcing the covenants and agreements o f this lease. 20. RIGHT CUMULATIVE : The rights and remedies of Lessor under this lease are cumulative. The exercise or use of any one or more thereof shall not bar Lessor from exercise or use of any other right or remedy provided herein or otherwise provided by law, nor shall exercise nor use of any right or remedy by Lessor waive any other right or remedy. 21. FIRE AND CASUALTY : In case the Premises shall be rendered untenantable during the term of this lease by fire or other casualty, Lessor at its option may terminate the lease or repair the Premises within 60 days thereafter. I f Lessor elects to repair, this lease shall remain in effect provided such repairs are completed within said time. 22. SEVERABILITY : Wherever possible each provision of this lease shall b e interpreted in such manner as to be effective and valid under applicab le law, but if any provision of this lease shall be prohibited by or become invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this lease. 23. HAZARDOUS SUBSTANCES: “Hazardous Substance” is any petroleum product, asbestos product or any other material, substance or waste that is recognized as b eing hazardous or dangerous to health or the environmental protection ju risdiction over the Premises. Lessee represents and warrants to Lessor that it has never generated, stored, handled, or disposed of any hazardous Substance in or about the Premises. Lessee further represents, to the best of his knowledge, that Lessee is not aware of the generation, storage, handling, or disposal of any Hazardous Substance in or upon the Premises at any time by anyone else. Lessee shall indemnify and hold Lessor harmless from and against any and all demands, claims, enforcement actions, costs, and expenses, including reasonable attorney’s fees, arising out of Hazardous Substance in existence in or upon the Premises subsequent to the date of this Lease. Lessee agrees not to generate, store, handle, or dispose of any Hazardous Substance in or upon the Premises during the term of the Lease. 141 5 IN WITNESS WHEREOF, the parties hereto have executed this instrument as the Date of Lease started above. LESSOR: LESSEE: City of McHenry, Illinois R Double J Ranch, LLC By: Mayor Wayne S. Jett Daniel L. Taylor Brigitte K. Birong Date: ______________________ Date: __________________________ 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 City of McHenry Council Meeting Minutes 4.18.22 1 AGENDA REGULAR CITY COUNCIL MEETING Monday, April 18, 2022, 7:00 p.m. City Council Chambers, 333 S Green St, McHenry, IL 60050 Roll Call: Mayor Jett called the roll call. Members present Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller, and Mayor Jett. Others present Attorney McArdle-absent, Administrator Morefield, Director of Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk, City Planner Sheriff-absent, Deputy Clerk Johnson, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led the pledge. Public Comments: None Public Hearing: Call to order a Public Hearing for the proposed the Fiscal Year 2022/2023 Budget A motion was made by Alderman Strach and seconded by Alderwoman Miller to enter Public Hearing at 7:01 PM.: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays- Alderman Glab, 0-abstained. Motion carried. Motion to adopt the Fiscal Year 2022/2023 Budget: A motion was made by Alderman McClatchey and seconded by Alderman Strach to approve the Public Hearing: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays- Alderman Glab, 0-abstained. Motion carried. Public Comments: Celeste Heidemann resident of McHenry, expressed her dismay regarding the honorary sign time limit of ten years, and would like to consider a renewal for another ten years or some other form of honorary. Ronald Freund resident of McHenry expressed his concerns about the sign being temporary and would like The Council to consider how much the honorary members mean to them. Mary Kay Walter, a resident of McHenry, also expressed her support for those that were honorary and would like to keep those in honor as well. 157 City of McHenry Council Meeting Minutes 4.18.22 2 Consent Agenda: Motion to Approve the following Consent Agenda Items: B. FY2022/2023 Liquor License Renewals effective May 1, 2022 , through April 30, 2023, as presented, conditioned upon the receipt of all paperwork and fees; (Deputy City Clerk Johnson) *Clerks note Pulled by Alderman Santi A motion was made by Alderman Santi and seconded by Alderman McClatchey to approve Consent Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays- Alderman Glab, 0-abstained. Motion carried. C. FY2022/2023 Video Gaming License Renewals effective May 1, 2022, through April 30, 2023, as presented, conditioned upon the receipt of all paperwork and payment of fees; (Deputy City Clerk Johnson) *Clerks note item pulled by Alderman Santi Pulled by Alderman Santi asked for clarification, Deputy Clerk Johnson, explained with Covid how things took time for some of the approvals may have taken a year, but they are still waiting. The max is 6 per location, as clarified by Alderman Santi . A motion was made by Alderman Santi and seconded by Alderman Harding to approve Consent Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach , Alderman Devine, Alderwoman Miller. 0-nays- Alderman Glab, 0-abstained. Motion carried. A. Annual Appointments B. Authorization to waive the competitive bid process and purchase a 2022 GMC Sierra 2500HD truck on or after May 1, 2022, for an amount not to exceed $46,757.24, under the condition that the proposed capital vehicle purchase funds are approved in the FY22/23 Budget; (Police Chief Birk) C. Approval of a Parks Special Use Permit Application to Pearl Street Market for summer markets and band concerts from May 19th through September 22nd, 2022 from 4:00 pm until 9:00 pm; and, to approve a Special Event Liquor License in conjunction with those dates and times; (Parks and Recreation Director Hobson) D. Parks & Recreation Facilities & Special Use Permit Requests; 158 City of McHenry Council Meeting Minutes 4.18.22 3 E. April 4, 2022, City Council Meeting Minutes; F. Issuance of Checks in the amount of $. A motion was made by Alderwoman Miller and seconded by Alderman Harding to approve Consent Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays- Alderman Glab, 0-abstained. Motion carried. Individual Action Item Agenda: A. Motion to approve a Class A Liquor License to Green Street Tavern located at 1259 N. Green Street and, if approved, pass an Ordinance amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses. (Mayor Jett and Staff) A motion was made by Alderman McClatchey and seconded by Alderman Strach to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. B. Based on City Council approval of Item 8A, motion to approve a Video Gaming License to Green Street Tavern, located at 1259 N. Green Street. (Mayor Jett and Staff) A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Discussion Items: None at this time. Executive Session: A motion was made by Alderman Strach and seconded by Alderman Harding to adjourn to Executive Session at 7:15 p.m. to discuss pending litigation on the purchase or lease of real estate property for the use of the public body 159 City of McHenry Council Meeting Minutes 4.18.22 4 Mayor Jett reconvened the meeting from Executive Session at 7:29 p.m. A motion was made by Alderman Santi and seconded by Alderman Strach to return to the open session. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0 -nays, 0- abstained. Motion carried. Staff Reports: None Mayor’s Report: Mayor Jett explained that May 16th will be a discussion item on the Agenda, let the public at the meeting know that. City Council Comments: Alderman Santi stated that he had been involved in conversations frwithesidents and thanked them for that communication, and he listens to the pros and cons that he can discuss regarding the honorary signs from residents. Alderman McClatchey stated that he would like a copy of the ordinance regarding the signs and he agrees with the points that Alderman Santi made. Alderman Glab talked about where the signs could be moved to and how the residents could help with that. He asked the residents to bring ideas regarding the discussion on where the signs could go. Alderwoman Miller also thanked the residents and is happy this will be presented on the agenda, maybe come up with some ideas of where we could physically place the signs for the meeting. Alderwoman Miller discussed the food truck information and stated that she and Alderman Strach had. Would like to see the money for the food truck go back into Miller Park per Alderman Strach., also will be on a May agenda, ate TBD. Adjourn: A motion was made by Alderman Santi and seconded by Alderman Strach to adjourn the meeting at 7:42 PM. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach , Alderman Devine, Alderwoman Miller. 0-nay-, 0-abstained. Motion carried. X Mayor Wayne Jett X City Clerk Trisha Ramel 160 Expense Approval Register   McHenry, IL List of Bills Council Meeting ‐ 5‐2‐22       Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: B2B TECHNOLOGIES  B2B TECHNOLOGIES  25442  04/30/2022  LABOR  620‐00‐5110  1,000.00 Vendor B2B TECHNOLOGIES Total:   1,000.00   Vendor: BT MCHENRY LLC  BT MCHENRY LLC  086122  04/30/2022  1/15‐3/15/22 WSC WATER‐ 100‐01‐5110  61.57 Vendor BT MCHENRY LLC Total:   61.57   Vendor: COMPASS MINERALS AMERICA  COMPASS MINERALS AMERICA    988320    04/30/2022    BULK ROCK SALT    100‐33‐6110    38,451.08 COMPASS MINERALS AMERICA  989051  04/30/2022  BULK ROCK SALT  100‐33‐6110  30,056.98 COMPASS MINERALS AMERICA    989451    04/30/2022    BULK ROCK SALT    100‐33‐6110    7,504.33 Vendor COMPASS MINERALS AMERICA Total:   76,012.39   Vendor: DOUROUX, JASON  DOUROUX, JASON    349726    04/30/2022    LOW ENROLLMENT ‐ CXL    100‐41‐3637    75.00 Vendor DOUROUX, JASON Total:   75.00   Vendor: HEARTLAND BUSINESS SYSTEMS, LLC  HEARTLAND BUSINESS    511978‐H    04/30/2022    T&M LABOR    225‐00‐5110    185.00 Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total:   185.00   Vendor: HRGREEN  HRGREEN    149139    04/30/2022    CENTRAL WWTP DEMO CONST    510‐32‐8500    5,246.25 HRGREEN    149140    04/30/2022    CITY WIDE WATER & SEWER    510‐31‐8500    21,068.25 HRGREEN    149140    04/30/2022    CITY WIDE WATER & SEWER    510‐32‐8500    21,068.25 HRGREEN  151057  04/30/2022  CENTRAL WWTP DEMO CONST  510‐32‐8500  16,235.00 Vendor HRGREEN Total:   63,617.75   Vendor: KISCELLUS, JAMIE  KISCELLUS, JAMIE    349024    04/30/2022    PGM CXL    100‐41‐3637    80.00 Vendor KISCELLUS, JAMIE Total:   80.00   Vendor: KREASSIG, DANIEL  KREASSIG, DANIEL    348894    04/30/2022    CXL PGM    100‐41‐3636    82.00 Vendor KREASSIG, DANIEL Total:   82.00   Vendor: OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD  OTTOSEN DINOLFO    143773    04/30/2022    LABOR    100‐01‐5230    336.00 Vendor OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD Total: 336.00   Vendor: PATRICK ENGINEERING  PATRICK ENGINEERING  22177.020‐4  04/30/2022  WATERMAIN PH II  510‐31‐8500  1,630.56 PATRICK ENGINEERING    22177.020‐4    04/30/2022    WATERMAIN PH II    510‐32‐8500    815.28 Vendor PATRICK ENGINEERING Total: 2,445.84   Vendor: REVOLUTION AUTO INC  REVOLUTION AUTO INC  P112310&P112319  04/30/2022  OVERPAID PARKING TICKETS  100‐22‐3510  50.00 Vendor REVOLUTION AUTO INC Total:   50.00   Vendor: ROBINSON ENGINEERING LTD  ROBINSON ENGINEERING LTD    22040138    04/30/2022    RIVERWALK SEWER RELOC PRJ    510‐32‐8500    1,386.25 Vendor ROBINSON ENGINEERING LTD Total:   1,386.25   Vendor: SARTIN, SHEILA  SARTIN, SHEILA    350297    04/30/2022    SHELTER RENTAL CXL    100‐41‐3635    50.00 Vendor SARTIN, SHEILA Total:   50.00   Vendor: SECURITY FANATICS  SECURITY FANATICS    24684    04/30/2022    PA‐440 FIREWALL & LICENSES    620‐00‐8300    2,144.00 SECURITY FANATICS    24684    04/30/2022    PA‐440 FIREWALL & LICENSES    620‐1290    4,286.00 Vendor SECURITY FANATICS Total:   6,430.00       4/27/2022 9:43:53 AM   161 Expense Approval Register Packet: APPKT02379 ‐ 5‐2‐22 AP CKS   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: SHERWIN‐WILLIAMS CO, THE  SHERWIN‐WILLIAMS CO, THE    4383‐8    04/30/2022    RECREATION CENTER    400‐00‐6110    106.56 Vendor SHERWIN‐WILLIAMS CO, THE Total:   106.56   Vendor: SYNCB/AMAZON  SYNCB/AMAZON    1231 4‐10‐22    04/30/2022    MTHLY PD    100‐22‐6210    850.29 SYNCB/AMAZON    7880 4‐10‐22    04/30/2022    MTHLY     100‐03‐6110    1,039.87 SYNCB/AMAZON  7880 4‐10‐22  04/30/2022  MTHLY   100‐41‐6210  32.97 SYNCB/AMAZON    7880 4‐10‐22    04/30/2022    MTHLY     100‐45‐5370    20.24 SYNCB/AMAZON    7880 4‐10‐22    04/30/2022    MTHLY     100‐47‐6110    95.32 SYNCB/AMAZON    7880 4‐10‐22    04/30/2022    MTHLY     400‐40‐6142    162.50 SYNCB/AMAZON  7880 4‐10‐22  04/30/2022  MTHLY   620‐00‐5320  238.86 Vendor SYNCB/AMAZON Total:   2,440.05   Vendor: US BANK EQUIPMENT FINANCE  US BANK EQUIPMENT FINANCE    470165002    04/30/2022    PW COPIER    620‐00‐5110    336.21 Vendor US BANK EQUIPMENT FINANCE Total:   336.21   Vendor: WATER STREET SHOPPE  WATER STREET SHOPPE    22‐03‐194    04/30/2022    TEMP SIGN REFUND    100‐00‐3410    30.00 Vendor WATER STREET SHOPPE Total: 30.00   Vendor: WINNEBAGO LANDFILL CO  WINNEBAGO LANDFILL CO    9662    04/30/2022    SLUDGE    510‐32‐5580    1,482.40 Vendor WINNEBAGO LANDFILL CO Total: 1,482.40        Grand Total:   156,207.02               4/27/2022 9:43:53 AM   162 Expense Approval Register Packet: APPKT02379 ‐ 5‐2‐22 AP CKS     Fund Summary      Fund    Expense Amount     100 ‐ GENERAL FUND    78,815.65     225 ‐ ALARM BOARD FUND  185.00    400 ‐ RECREATION CENTER FUND    269.06     510 ‐ WATER/SEWER FUND    68,932.24     620 ‐ INFORMATION TECHNOLOGY FUND    8,005.07     Grand Total:   156,207.02                 163 Expense Approval Register   McHenry, IL #2 List of Bills Council Meeting ‐ 5‐2‐22       Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor:  OLSON AUTO BODY   OLSON AUTO BODY  3100  04/30/2022  Repairs 326  100‐22‐5370  710.83 Vendor  OLSON AUTO BODY Total:   710.83   Vendor: A‐ABLE ALARM SERVICE INC  A‐ABLE ALARM SERVICE INC  68708  04/30/2022  Rekey Lock ‐ Social Services  100‐22‐6210  82.00 Vendor A‐ABLE ALARM SERVICE INC Total:   82.00   Vendor: ADAMS STEEL SERVICE & SUPPLY, INC  ADAMS STEEL SERVICE &    375826    04/30/2022    Welder‐Spool Gun Parts    510‐32‐6110    75.80 ADAMS STEEL SERVICE &  375962  04/30/2022  streets  375962  100‐33‐5370  47.20 Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total:   123.00   Vendor: AMERICAN SOLUTIONS FOR BUSINESS  AMERICAN SOLUTIONS FOR    INV05954087    04/30/2022    ICSC PROMO GIFTS    100‐06‐5110    291.12 Vendor AMERICAN SOLUTIONS FOR BUSINESS Total:   291.12   Vendor: ARAMARK  ARAMARK    24447997    04/30/2022    Friedle Clothing     100‐45‐4510    110.96 Vendor ARAMARK Total: 110.96   Vendor: AT&T  AT&T    1283279602    04/30/2022    Voice Over IP ‐ IP‐Flex    620‐00‐5320    362.50 Vendor AT&T Total: 362.50   Vendor: BONNELL INDUSTRIES INC  BONNELL INDUSTRIES INC    0204494‐IN    04/30/2022    cutting edges (0204494)    100‐33‐5370    2,787.00 Vendor BONNELL INDUSTRIES INC Total:   2,787.00   Vendor: CABAY & COMPANY INC  CABAY & COMPANY INC    66034    04/30/2022    66034    100‐03‐5120    6,300.00 Vendor CABAY & COMPANY INC Total:   6,300.00   Vendor: CDW GOVERNMENT INC  CDW GOVERNMENT INC    V801207    04/30/2022    APC Battery Back‐Ups     620‐00‐8300    444.95 CDW GOVERNMENT INC    V918273    04/30/2022    Kanguru 1‐To‐1 BluRay    620‐00‐6210    365.30 CDW GOVERNMENT INC    V938240    04/30/2022    Lift Control Panel UPS's INV#    510‐32‐5380    704.80 Vendor CDW GOVERNMENT INC Total:   1,515.05   Vendor: COMMERCIAL RECREATION SPECIALISTS  COMMERCIAL RECREATION    0019744    04/30/2022    Wibit Connector Supplies    100‐43‐6110    401.70 Vendor COMMERCIAL RECREATION SPECIALISTS Total:   401.70   Vendor: CONNOR CO  CONNOR CO    S009965932.001    04/30/2022    Plumbing Supplies     100‐45‐6110    23.15 Vendor CONNOR CO Total: 23.15   Vendor: CRITICAL TECHNOLOGY SOLUTIONS  CRITICAL TECHNOLOGY  3224048  04/30/2022  Axis P3719‐PLE Cameras  620‐00‐8300  8,975.63 CRITICAL TECHNOLOGY    3224049    04/30/2022    Parks Camera Project ‐ Axis    620‐00‐8300    1,056.47 Vendor CRITICAL TECHNOLOGY SOLUTIONS Total: 10,032.10   Vendor: CURRAN CONTRACTING COMPANY  CURRAN CONTRACTING    24080    04/30/2022    UPM ‐ STS ‐ 24080    100‐33‐6110    1,015.30 Vendor CURRAN CONTRACTING COMPANY Total:   1,015.30   Vendor: CUSHING SYSTEMS INC  CUSHING SYSTEMS INC  CAI‐2022648  04/30/2022  Cushing (PSIMS) ‐ DACRA  620‐00‐8300  6,500.00 Vendor CUSHING SYSTEMS INC Total:   6,500.00   Vendor: EDESIGN CHICAGO  EDESIGN CHICAGO    2016605    04/30/2022    Park Signage     100‐41‐5110    168.75 EDESIGN CHICAGO    2016822    04/30/2022    Park Signage     100‐41‐5110    475.00     4/27/2022 9:54:39 AM   164 Expense Approval Register Packet: APPKT02380 ‐ 5‐2‐22 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   EDESIGN CHICAGO    2016823    04/30/2022    Brochure ‐ Summer Design    100‐41‐5330    393.75 Vendor EDESIGN CHICAGO Total:   1,037.50   Vendor: ED'S RENTAL & SALES INC  ED'S RENTAL & SALES INC    353957‐1    04/30/2022    Equipment Rental     400‐00‐6110    25.00 Vendor ED'S RENTAL & SALES INC Total:   25.00   Vendor: EJ USA INC  EJ USA INC  110220022760  04/30/2022  Manhole frames   510‐32‐6110  708.64 Vendor EJ USA INC Total:   708.64   Vendor: FASTENAL  FASTENAL  ILWOD184822  04/30/2022  Locating Paint  (ILWOD184822  510‐31‐6110  303.19 Vendor FASTENAL Total:   303.19   Vendor: GALLS LLC  GALLS LLC    020832411    04/30/2022    Bail out Bags    100‐22‐6110    125.00 GALLS LLC    020834159    04/30/2022    Uniform Order     100‐23‐4510    40.99 GALLS LLC  020834923  04/30/2022  Uniform Order ‐ Veronese  100‐23‐4510  85.48 GALLS LLC    020835383    04/30/2022    Uniform Order ‐ Zujewski    100‐23‐4510    100.57 GALLS LLC    020836331    04/30/2022    Uniform Order ‐ Ehardt    100‐22‐4510    82.49 GALLS LLC    020845498    04/30/2022    Uniform Order ‐ Pardue    100‐22‐4510    177.03 GALLS LLC  020845549  04/30/2022  Uniform Order ‐ Rewiako  100‐22‐4510  81.15 GALLS LLC    020845550    04/30/2022    Uniform Order ‐ Polidori    100‐22‐4510    119.22 GALLS LLC    020845802    04/30/2022    Uniform Order ‐ Lorenz    100‐22‐4510    27.73 GALLS LLC    020845833    04/30/2022    Uniform Order ‐ Rewiako    100‐22‐4510    28.28 GALLS LLC    020867160    04/30/2022    Uniform Order ‐ Funk    100‐22‐4510    438.66 GALLS LLC  020867753  04/30/2022  Uniform Order ‐ Spohn  100‐22‐4510  71.46 GALLS LLC    020867861    04/30/2022    Uniform Order ‐ Porter    100‐22‐4510    126.42 GALLS LLC    020867884    04/30/2022    Uniform Order    100‐22‐4510    55.94 GALLS LLC    020867982    04/30/2022    Uniform Order ‐ Beidelman    100‐23‐4510    68.13 GALLS LLC    020877725    04/30/2022    Uniform Order ‐ Rewiako    100‐22‐4510    106.88 GALLS LLC    020894776    04/30/2022    Uniform Order ‐ Fitzgerald    100‐23‐4510    20.15 GALLS LLC    020894808    04/30/2022    Uniform Order ‐ J. Prather    100‐22‐4510    62.03 GALLS LLC    020908750    04/30/2022    Uniform Order ‐ Ehardt    100‐22‐4510    90.93 GALLS LLC  020923546  04/30/2022  Uniform Order ‐ Fitzgerald  100‐23‐4510  61.59 Vendor GALLS LLC Total:   1,970.13   Vendor: GOODMARK NURSERIES LLC  GOODMARK NURSERIES LLC    ARINV‐000167    04/30/2022    Landscape Supplies     100‐45‐6110    975.00 Vendor GOODMARK NURSERIES LLC Total:   975.00   Vendor: GRAINGER  GRAINGER    9280344368    04/30/2022    Security Planters‐ Millstream    510‐32‐5380    2,116.24 Vendor GRAINGER Total:   2,116.24   Vendor: HALOGEN SUPPLY COMPANY  HALOGEN SUPPLY COMPANY    577581    04/30/2022    Filter Pads for Pool    100‐42‐6110    2,463.30 HALOGEN SUPPLY COMPANY    577904    04/30/2022    Pool Supplies    100‐42‐6110    444.96 Vendor HALOGEN SUPPLY COMPANY Total: 2,908.26   Vendor: HAWKINS INC  HAWKINS INC  6158352  04/30/2022  Ferric Chloride #6158352  510‐32‐6110  5,148.20 Vendor HAWKINS INC Total:   5,148.20   Vendor: HEARTLAND BUSINESS SYSTEMS, LLC  HEARTLAND BUSINESS    510126‐H    04/30/2022    Microsoft Monthly M365    620‐00‐5110    3,692.50 HEARTLAND BUSINESS    511871‐H    04/30/2022    Axis micro SDXC 128GB    620‐00‐8300    63.44 HEARTLAND BUSINESS    511871‐H    04/30/2022    TRENDnet TI‐S12048 DIN‐Rail    620‐00‐8300    134.17 HEARTLAND BUSINESS    513493‐H    04/30/2022    DRC‐60A 12v Power Supply    620‐00‐8300    58.62 HEARTLAND BUSINESS    513493‐H    04/30/2022    External Antenna ‐ LTE    620‐00‐8300    86.02 Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total:   4,034.75   Vendor: HERITAGE‐CRYSTAL CLEAN LLC  HERITAGE‐CRYSTAL CLEAN LLC    17339648    04/30/2022    Solvent Tank Cleaner INV#    100‐33‐6110    242.06 HERITAGE‐CRYSTAL CLEAN LLC    17351549    04/30/2022    Parts Washer Service INV#    510‐32‐6110    242.06 Vendor HERITAGE‐CRYSTAL CLEAN LLC Total:   484.12     4/27/2022 9:54:39 AM   165 Expense Approval Register Packet: APPKT02380 ‐ 5‐2‐22 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: HOME TOWNE ELECTRIC INC  HOME TOWNE ELECTRIC INC    222650    04/30/2022    Street light repairs     100‐33‐5110    4,918.00 Vendor HOME TOWNE ELECTRIC INC Total:   4,918.00   Vendor: ILLINOIS ASSOC OF CHIEFS OF POLICE  ILLINOIS ASSOC OF CHIEFS OF    10678    04/30/2022    IL Assoc of Chiefs Conference    100‐22‐5430    299.00 ILLINOIS ASSOC OF CHIEFS OF    10679    04/30/2022    IL Assoc of Chiefs Conference ‐    100‐22‐5430    299.00 Vendor ILLINOIS ASSOC OF CHIEFS OF POLICE Total:   598.00   Vendor: IMPRESSIVE IMAGES  IMPRESSIVE IMAGES    6877 STS    04/30/2022    Summer Intern Tshirts    100‐33‐4510    55.00 IMPRESSIVE IMAGES    6877UTY    04/30/2022    Summer Intern TShirts INV    510‐35‐4510    55.00 IMPRESSIVE IMAGES  6877WW  04/30/2022  Summer Intern T‐Shirts INV#  510‐32‐4510  54.86 Vendor IMPRESSIVE IMAGES Total:   164.86   Vendor: IN TIME SERVICES INC  IN TIME SERVICES INC    11347    04/30/2022    InTime Remote Training    620‐00‐5430    2,800.00 Vendor IN TIME SERVICES INC Total:   2,800.00   Vendor: IN‐PIPE TECHNOLOGY COMPANY INC  IN‐PIPE TECHNOLOGY    2099    04/30/2022    Inv# 2099 Monthly service fee    510‐32‐5110    7,750.00 Vendor IN‐PIPE TECHNOLOGY COMPANY INC Total:   7,750.00   Vendor: INTERSTATE BILLING SERVICE INC  INTERSTATE BILLING SERVICE    3027307060    04/30/2022    417 (3027307060)    100‐33‐5370    130.86 INTERSTATE BILLING SERVICE    3027312586    04/30/2022    440    3027312586    100‐33‐5370    152.58 INTERSTATE BILLING SERVICE    3027344456    04/30/2022    440 (3027344456)    100‐33‐5370    413.02 Vendor INTERSTATE BILLING SERVICE INC Total:   696.46   Vendor: KIMBALL MIDWEST  KIMBALL MIDWEST    9777275    04/30/2022    kimball stock (9777275)    100‐33‐5370    304.66 KIMBALL MIDWEST    9800013    04/30/2022    kimball stock (9800013)    510‐35‐5370    258.33 KIMBALL MIDWEST    9819562    04/30/2022    kimball stock (9819562)    100‐33‐5370    401.50 Vendor KIMBALL MIDWEST Total:   964.49   Vendor: KIRCHNER, INC  KIRCHNER, INC    INV61420    04/30/2022    Fire Ext. Inspection ‐ WTR ‐    510‐31‐5110    128.00 KIRCHNER, INC  INV61421  04/30/2022  Fire Ext. Inspection ‐ WW ‐  510‐32‐5110  454.00 Vendor KIRCHNER, INC Total:   582.00   Vendor: MASTERCORP, INC  MASTERCORP, INC    1222‐163    04/30/2022    Dance ‐ Video Final Payment    100‐46‐6110    1,125.00 Vendor MASTERCORP, INC Total:   1,125.00   Vendor: MCCANN INDUSTRIES INC  MCCANN INDUSTRIES INC    P11902    04/30/2022    810 (9281)    510‐35‐5370    438.64 Vendor MCCANN INDUSTRIES INC Total:   438.64   Vendor: MCHENRY COUNTY CONVENTION &  MCHENRY COUNTY    BIKEMC2022    04/30/2022    BIKE MC Sponsor Fee 2022‐   100‐06‐5110    1,325.00 Vendor MCHENRY COUNTY CONVENTION & Total: 1,325.00   Vendor: MCHENRY SPECIALTIES  MCHENRY SPECIALTIES    2022‐212    04/30/2022    plan comm name plate    100‐01‐6210    7.00 Vendor MCHENRY SPECIALTIES Total:   7.00   Vendor: MCMASTER‐CARR SUPPLY CO  MCMASTER‐CARR SUPPLY CO    76070603    04/30/2022    Dryer‐Shaker Discharge Tubes    510‐32‐5375    206.36 Vendor MCMASTER‐CARR SUPPLY CO Total:   206.36   Vendor: MEADE INC  MEADE INC    699333    04/30/2022    Traffic Signal Locate #699333    100‐33‐5110    156.59 MEADE INC    700243    04/30/2022    Traffic Signal Issue ‐ CLR/Royal    100‐33‐5110    170.19 Vendor MEADE INC Total:   326.78   Vendor: MID AMERICAN WATER OF WAUCONDA INC  MID AMERICAN WATER OF    247384W    04/30/2022    Partner saw blade    100‐33‐6110    220.00 MID AMERICAN WATER OF    247438W    04/30/2022    Dryer spray nozzle gaskets INV#    510‐32‐5375    50.00 Vendor MID AMERICAN WATER OF WAUCONDA INC Total:   270.00       4/27/2022 9:54:39 AM   166 Expense Approval Register Packet: APPKT02380 ‐ 5‐2‐22 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: MIDWEST HOSE AND FITTINGS INC  MIDWEST HOSE AND FITTINGS    217272    04/30/2022    802    217272    510‐35‐5370    135.76 Vendor MIDWEST HOSE AND FITTINGS INC Total:   135.76   Vendor: MINUTEMAN PRESS OF MCH  MINUTEMAN PRESS OF MCH    96899    04/30/2022    DOROTHY WOLF BUSINESS    100‐06‐6210    61.00 MINUTEMAN PRESS OF MCH    96904    04/30/2022    Park Signage     100‐45‐6110    250.00 Vendor MINUTEMAN PRESS OF MCH Total:   311.00   Vendor: MOTOROLA SOLUTIONS ‐ STARCOM21 NETWORK  MOTOROLA SOLUTIONS ‐    8330217822    04/30/2022    Radio Repairs    100‐22‐5370    515.00 Vendor MOTOROLA SOLUTIONS ‐ STARCOM21 NETWORK Total:   515.00   Vendor: MOTOROLA  MOTOROLA    6419620220301    04/30/2022    Starcom21 Monthly Invoice    100‐22‐5320    823.00 Vendor MOTOROLA Total: 823.00   Vendor: NORTHWESTERN MEDICINE OCC HEALTH  NORTHWESTERN MEDICINE  525592  04/30/2022  New Hire/Random (Banwart,  100‐05‐5110  1,423.00 NORTHWESTERN MEDICINE    525592    04/30/2022    Post Accident (Oherron, Walsh)    610‐00‐6940    345.00 NORTHWESTERN MEDICINE    525978    04/30/2022    New Hire (Kuzmiak, Martinez,    100‐05‐5110    120.00 NORTHWESTERN MEDICINE    526121    04/30/2022    New Hire (Sterwerf) #526121    100‐05‐5110    30.00 Vendor NORTHWESTERN MEDICINE OCC HEALTH Total:   1,918.00   Vendor: PETROCHOICE LLC  PETROCHOICE LLC    5085334    04/30/2022    Fuel #5085334    100‐45‐6250    421.89 PETROCHOICE LLC    50853341    04/30/2022    50853341    100‐03‐6250    176.22 PETROCHOICE LLC    50855662    04/30/2022    50855662    100‐03‐6250    76.72 PETROCHOICE LLC    50866691    04/30/2022    Fuel ‐ UTY ‐ 50866691    510‐35‐6250    1,194.26 PETROCHOICE LLC    50866705    04/30/2022    50866705    100‐03‐6250    413.13 PETROCHOICE LLC    50866706    04/30/2022    Fuel ‐ WW ‐ 50866706    510‐32‐6250    653.70 PETROCHOICE LLC    50866707    04/30/2022    Fuel ‐ WTR ‐ 50866707    510‐31‐6250    231.32 PETROCHOICE LLC  50866708  04/30/2022  Fuel Invoice #50866708  100‐45‐6250  472.62 PETROCHOICE LLC    50866709    04/30/2022    Fuel ‐ STS ‐ 50866709    100‐33‐6250    1,477.18 PETROCHOICE LLC    50866710    04/30/2022    Fuel  ‐ 50866710    100‐22‐6250    5,188.54 PETROCHOICE LLC    50872605    04/30/2022    Fuel ‐ UTY ‐ 50872605    510‐35‐6250    432.76 PETROCHOICE LLC  50872619  04/30/2022  Fuel ‐ WW ‐ 50872619  510‐32‐6250  734.99 PETROCHOICE LLC  50872620  04/30/2022  Fuel ‐ WTR ‐ 50872620  510‐31‐6250  54.13 PETROCHOICE LLC    50872621    04/30/2022    Fuel # 50872621    100‐45‐6250    659.04 PETROCHOICE LLC    50872622    04/30/2022    Fuel ‐ STS ‐ 50872622    100‐33‐6250    1,105.83 Vendor PETROCHOICE LLC Total:   13,292.33   Vendor: PETTIBONE & CO, P F  PETTIBONE & CO, P F    181977    04/30/2022    Flat Badges    100‐22‐6210    344.00 Vendor PETTIBONE & CO, P F Total:   344.00   Vendor: PROSHRED SECURITY  PROSHRED SECURITY    990114109    04/30/2022    Monthly Shred    100‐22‐5110    310.05 Vendor PROSHRED SECURITY Total: 310.05   Vendor: REX 24/7 TOWING  REX 24/7 TOWING    3738    04/30/2022    Seizure ‐ Report 22‐005896    100‐22‐5110    225.00 Vendor REX 24/7 TOWING Total:   225.00   Vendor: RNOW INC  RNOW INC    202262511    04/30/2022    817 (202262511)    510‐35‐5370    2,354.94 Vendor RNOW INC Total:   2,354.94   Vendor: SCHOPEN PEST SOLUTIONS INC  SCHOPEN PEST SOLUTIONS INC    13710    04/30/2022    Recreation Center Contracual     400‐00‐5110    80.00 Vendor SCHOPEN PEST SOLUTIONS INC Total: 80.00   Vendor: SECOND AMENDMENT SPORTS  SECOND AMENDMENT SPORTS  722‐647  04/30/2022  Cleaning Kits  100‐22‐6110  62.92 Vendor SECOND AMENDMENT SPORTS Total:   62.92       4/27/2022 9:54:39 AM   167 Expense Approval Register Packet: APPKT02380 ‐ 5‐2‐22 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: TEAM REIL INC  TEAM REIL INC    23140    04/30/2022    Knox Park Playground    280‐41‐8800    67,795.00 Vendor TEAM REIL INC Total:   67,795.00   Vendor: TRAFFIC CONTROL & PROTECTION INC  TRAFFIC CONTROL &    111330    04/30/2022    Road Closed Signs Rt 31 INV#    100‐33‐6110    570.90 Vendor TRAFFIC CONTROL & PROTECTION INC Total:   570.90   Vendor: ULINE  ULINE    147729016    04/30/2022    Concession Cleaning Supply    100‐44‐6110    1,445.15 Vendor ULINE Total: 1,445.15   Vendor: ULTRA STROBE COMMUNICATIONS INC  ULTRA STROBE  080935  04/30/2022  Kenwood Radios  100‐22‐6110  4,084.00 Vendor ULTRA STROBE COMMUNICATIONS INC Total:   4,084.00   Vendor: VERMONT SYSTEMS INC  VERMONT SYSTEMS INC    VS000150    04/30/2022    Key Fobs for Rec    100‐41‐6110    715.00 Vendor VERMONT SYSTEMS INC Total:   715.00   Vendor: VICTOR FORD, INC  VICTOR FORD, INC    163700    04/30/2022    803 (163700)    510‐35‐5370    5,083.03 VICTOR FORD, INC    163732    04/30/2022    PD stock     163732    100‐22‐5370    71.76 Vendor VICTOR FORD, INC Total:   5,154.79   Vendor: ZARNOTH BRUSH WORKS INC  ZARNOTH BRUSH WORKS INC    0188660‐IN    04/30/2022    sweeper brooms 0188660‐IN    100‐33‐5370    768.00 Vendor ZARNOTH BRUSH WORKS INC Total:   768.00        Grand Total:   173,043.17               4/27/2022 9:54:39 AM   168 Expense Approval Register Packet: APPKT02380 ‐ 5‐2‐22 RECT INV     Fund Summary      Fund    Expense Amount     100 ‐ GENERAL FUND    50,689.56     280 ‐ DEVELOPER DONATION FUND  67,795.00    400 ‐ RECREATION CENTER FUND    105.00     510 ‐ WATER/SEWER FUND    29,569.01     610 ‐ RISK MANAGEMENT FUND    345.00     620 ‐ INFORMATION TECHNOLOGY FUND    24,539.60     Grand Total:   173,043.17                           169 Monte Johnson Deputy City Clerk 333 S Gre en Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 mjohnson@cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. REGULAR AGENDA SUPPLEMENT DATE: May 2, 2022 TO: Mayor and City Council FROM: Monte Johnson RE: Video Gaming License Application by Margaritas Restaurant Bar AGENDA ITEM SUMMARY: Margaritas Restaurant Bar applied for and received a liquor license on October 18, 2021, for their new restaurant at 2314 W IL Route 120. They have been operating their restaurant since that time. They have now submitted an application for video gaming, which should be attached. If approved, they would be require d to comply with a Video Gaming Development Agreement tha t puts certai n restrictions on items such as outdoor signage and partitions. RECOMMENDATION: Therefore, if Council concurs, then it is recommended a motion be made to approve a video gaming licen se t o Margaritas Restaurant Bar at 2314 W IIL Route 120. 170 171 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park_recreation REGULAR AGENDA SUPPLEMENT DATE: May 2, 2022 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: Budget Amendment for Splash Pad Installation ATT: Park Layout Renderings Splash pad Renderings AGENDA ITEM SUMMARY: Staff is requesting a budget amendment of $125,000 from the Parks Developer Donation Fund to accommodate the installation of the community Splash Pad adjacent to Fort McHenry in Whispering Oaks Park. BACKGROUND: Last Fall the newly created R.I.S.E. Up Foundation hosted a community benefit concert at Petersen Park with the funds raised to be directed toward a free use community splash pad. The concert was extremely successful and raised $200,000 towards the project. The splash pad was initially presented with the concert request in 2019. Fort McHenry was chosen as a central location close to utilities with a popular playground, restrooms and the ability to expand the parking lot. At that time the estimated cost of the project was approximately $180,000. Since that time however, all aspects of the project have increased. The price of the equipment and the installation alone are now $201,000. In order to bring utilities to the site an additional $72,000 was received last week. Fencing the project in to ensure the safest possible conditions will add a cost as will aspects of the parking lot expansion. The excavation and all t he material for the parking lot will be donations from local companies. Staff is working with the mayor to potentially secure a donated install as well, however there likely will still be costs associated with the installation. 172 There was $200,000 that was included in the budget for this project in the 2022/23 budget. ANALYSIS: The free splash pad was an item that residents consistently commented on in the Community Needs Assessment. Choosing Whispering Oaks Park adjacent to Fort McHenry as the locati on, resulted from a number of factors. Fort McHenry is the heart of our playground system. Pairing our most popular playground with a splash pad is a natural fit for the free amenity and visitors to the park can now enjoy both and make a day out of their visit. The 2, 500 square foot size fits very nicely just west of the bike path and leaves plenty of room for tables and benches. There are utilities close by to serve the proposed amenity as well as a permanent washroom structure. The central location of the park makes it extremely convenient to all and visible to a great deal of people as the commute along Route 120. It is also situated along the Prairie Path Bike trail that makes it a safe easy bike ride for a family that is out for the day. Lastly, there is room for the expansion of the parking lot should it be necessary. This is a project that the community is eagerly anticipating and in order to have it open by July 1st, all appropriate accommodations must be made. While it is unfortunate that the prices have escalated in the manner that they have, the fund can sustain the overage and the project is one that the city has committed to. Overall, with the donated funds from RISE Up, the city will be able to install this amenity for one third of the total cost of the project. RECOMMENDATION: Therefore, if Council concurs, then staff requests that a motion be made to approve an ordinance amending the 2022/23 Budget Developer Donation Fund in the amount of $125,000 to fund the implementation of the Splash Pad at Whispering Oaks Park. 173 -PAGE 3- FORT MCHENRY SPLASHPAD, IL Version A - 33748 VORTEX AQUATIC STRUCTURES INTERNATIONAL INC. VORTEX-INTL.COM 1.877.586.7839 ©2012 VORTEX INTERNATIONAL, ALL RIGHTS RESERVED SPLASHPAD® VIEW 1 174 175 ϮϬϬ&ƚ ϲϬ&ƚ 176 ORDINANCE NO. 22- AN ORDINANCE AMENDING THE FY2022/2023 BUDGET FOR THE FISCAL YEAR ENDING APRIL 30, 2023 WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City of McHenry acting by and through its Mayor and City Council has previously approved the FY22/23 Annual Budget for the Fiscal Year Ending April 30, 2023 by a motion at the Regular City Council Meeting held on April 18, 2022; and WHEREAS, it is necessary and appropriate to delete, add to, or otherwise change certain line items in said Budget Ordinance as provided in Exhibit A to this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That the amendments to the Budget Ordinance for the Fiscal Year Ending April 30, 2023 are hereby approved in the form and content as provided by Exhibit “A” which is attached hereto and made part hereof. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts of ordinances in conflict herewith are 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 from and after its passage, approval and publication, as provided by law. Passed this 2nd day of May, 2022. Ayes Nays Absent Abstain Alderman Devine ____ _____ _____ _____ Alderman Glab ____ _____ _____ _____ Alderman Harding ____ _____ _____ _____ Alderman McClatchey ____ _____ _____ _____ Alderwoman Miller ____ _____ _____ _____ 177 Alderman Santi ____ _____ _____ _____ Alderman Strach ____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk EXHIBIT A The following budget items are amended by this Ordinance: FY22/23 Budget Amendment – Developer Donation Fund - $125,000 178 179 180 181 182