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HomeMy WebLinkAboutPacket - 5/16/2022 - City Council
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.
AGENDA
REGULAR CITY COUNCIL MEETING
Monday, May 16, 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. Administrative Hearing Officer Appointment (Administrative Item)
Resolution consenting to the appointment of Mollie Dahlin as Administrative Hearing Officer for the City
of McHenry upon satisfying the stated conditions and in coordination with the retirement of the City’s
current Administrative Hearing Officer, Harry Semrow, in 2022. (Staff)
B. Landmark Designation (Administrative Item)
Ordinance Designating the property located at 812 N. Mill Street which includes the structure formerly
known as the Hanly Mill, as a McHenry Landmark under the McHenry Historic Preservation Ordinance.
(Deputy City Clerk Johnson, McHenry Landmark Commission)
C. Waive Requirement for Competitive Bidding and Authorization of Purchase Order Contract
(Administrative Item)
Ordinance waiving the requirement for competitive bidding set for in 65 ILCS 5/8-9-1 and the required
competitive bidding set forth in the City’s Purchasing Policy and, approve and authorize the execution of
a Purchase Order Contract with Eagle Biomass of McHenry, Illinois in an amount not to exceed $92,800
for the demolition of the property at 914 Front Street. (Community Development Director Polerecky)
D. Exclusive Listing Agreement – 914 Front Street (Administrative Item)
Approve Mayor’s Authorization of an exclusive listing agreement with Jack Minero of Berkshire
Hathaway for the list of 914 Front Street, McHenry, Illinois through April 30, 2023. (Community
Development Director Polerecky)
E. Master Engineering Services Agreement Modifications (Administrative Item)
Modifications to the Master Engineering Services Agreement between the City of McHenry and HR
Green, Inc. of McHenry, Illinois for professional engineering services. (Public Works Director Strange)
F. 2022 Hydrant Painting Program (Budgeted Item)
Award of Bid to GO Painters, Inc. of Maywood, Illinois in the amount of $31,850.00 (actual amount may
vary based on final measured quantities). (Public Works Director Strange)
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G.2022 Paint Pavement Marking Program (Budgeted Item)
Award of Bid to Precision Pavement Markings, Inc. of Pingree Grove, Illinois in the amount of $33,213.70
(actual amount may vary based on final measured quantities). (Public Works Director Strange)
H.City Fueling Station (Budgeted Item)
Ordinance approving a Professional Services Agreement and Award of Professional Services Agreement
Contract with Integrity Environmental Services, Inc. of Naperville, Illinois in the of $37,100.00. (Public
Works Director Strange)
I.Venice Avenue Reconstruction Project (Budgeted Item)
Task Order for Professional Engineering Services with HR Green, Inc. of McHenry, Illinois in the amount
of $49,845.00. (Public Works Director Strange)
J.City Hall Parking Lot Rehabilitation Project (Budgeted Item)
Task Order for Professional Engineering Services with HR Green, Inc. of McHenry, Illinois in the amount
of $24,850.00. (Public Works Director Strange)
K.Bulk Rock Salt Purchase (Budgeted Item)
Award a Material Supply Contract to Morton Salt, Inc. of Chicago, Illinois in the amount of $131,835.00
and to approve a 20% contingency allowance in the amount of $26,367.00. (Public Works Director
Strange)
L.Public Alley Closure for American Legion “Party Out Back” (Event)
Closure of the public alley west of Riverside Drive on Sunday, June 26th from 12:00pm until 5:00pm.
(Deputy City Clerk Johnson)
M.Public Street Closure for Liberty Club, NFP (Event)
Closure of Park Street from 1304/1309 Park Street to Elm Street on Sunday, August 7th from 12:00pm
until 6:00pm. (Deputy City Clerk Johnson)
N.McHenry Riverwalk Special Use Permit (Event)
Approve a Parks Special Use Permit Application submitted by the McHenry Riverwalk Foundation for
the use and ability to park 1 -2 food trucks a day on Saturdays and Sundays only at Miller Point Park from
May – September from 12pm to 6pm and split the revenue on a $50/truck/day charge. (Director of Parks
and Recreation Hobson)
O.Parks & Recreation Facilities & Special Use Permit Requests
P.May 2, 2022 City Council Meeting Minutes
Q.Issuance of Checks in the amount of $899,236.91
R.As Needed Checks in the amount of $137,069.37
6. Individual Action Item Agenda.
A.2023 Road Resurfacing Program (Planning Item)
Motion to Authorize Staff to proceed with the plan preparation and public bidding of the 2023 (FY23/24)
Road Resurfacing Program and, if necessary, to authorize the solicitation of proposals for engineering
assistance to be considered by City Council at a later date. (Public Works Director Strange)
B.Annexation and Zoning Map Amendment – 5816 W. Elm Street (Code Amendment or Variance Item)
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Motion to approve and Ordinance Annexing an 8.9-acre tract of land commonly known as 5816 W. Elm
Street in McHenry, Illinois (Mayor and City Council vote); and, if approved, motion to approve an
Ordinance granting a Zoning Map Amendment to C-5 Highway Commercial District, Zoning Variations
and a Use Variation for a Caretaker Residence in conjunction with a Conditional Use Permit for the
operation of a Mini-Warehouse with Outdoor Storage (City Council simple majority vote)
C. Sign Variance – 1830-1840 N. Richmond Road (Code Amendment or Variance Item)
Motion to grant a Sign Variance to allow an additional 24sq/ft of advertising signage for a total of 56sq/ft,
and an additional 4 feet of height for a maximum of 10 feet. (Community Development Director
Polerecky)
D. Amendments to Class G and Special Use Liquor Licenses (Code Amendment or Variance Item)
Ordinance Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees.
(Deputy City Clerk Johnson)
7. Discussion Items.
A. Honorary Street Signs
Discussion and direction for the permanent placement of Honorary Street Signs once they are removed
from street sign locations. (City Council, Staff, Public)
8. Executive Session to discuss the purchase of real property for the use of the public body, including meetings
held for the purpose of discussing whether a particular parcel should be acquired (5 ILCS 120/2(c)(5).)
9. Staff Reports.
Staff reports are provided the first meeting of each month.
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.
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/88697707392
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Monte Johnson
Deputy City Clerk
333 S Gre e n 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 visito rs with the highest quality of programs and
services in a customer-oriented, efficient, and fiscally responsible manner.
CONSENT AGENDA ITEM
DATE: May 16, 2022
TO: Mayor and City Council
FROM: Monte Johnson, Deputy City Clerk
McHenry Landmark Commission
RE: Designation of the property located at 812 N Mill Street for Landmark Status
ATT: Ordinance, La ndmark Status Application and Supporting Materials
AGENDA ITEM SUMMARY:
The purpose of this agenda item is for Council to consider a request by the Landmark
Commission for Landmark Status of the former Hanly Mill, located at 812 N Mill Street.
BACKGROUND/SUMMARY:
The Landmark Commission has had discussions about the history of the Hanly Mill and research
has been done by the Commission and its members regarding the property and the Hanly
family. It was decided by the Commission to go through the process of attainin g Landmark
Status for the property.
When determining if the property met criteria for designation, the Commission noted the
following :
•The property ha s character, interest, or value which is part of the development
characteristics of the City (Criteria A for Landmark Designation)
•It is identified with a person or persons who significantly contributed to the
development of the City (Criteria C for Landmark Designation)
•It embodies distinguishing characteristics of an architectural style valu able for the study
of a period, type, method of construction or use of indigenous materia ls (Criteria D for
Landmark Designation)
•It embodies elements of design, detailing, m aterials or craftsma nship that render it
architecturally significant (Criteria F for Landmark Desi gnation)
•It has character which is particularly fine or unique example of a utilitarian structure,
including, but not limited to, farmhouses, gas stations or other commercial structures
with a high level of integrity or architectural significance (Criteria I for Landmark
Designation)
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• It establishes a sense of time and place unique to the City of McHenry (Criteria J for
Landmark Designation)
On May 3, 2022, the Landmark Commission held a Publ ic Hearing on a Landmark Designation
Application that was submitted by the Commission. A copy of the public Hearing notice is
attached. In addition, the owners of adjacent properties wer e provided a mailed copy of the
public notice, and a copy of the notice and a full appl ication packet with supporting materials
was mail ed to the owners of the property on record, the Thomas W Althoff Family Trust. The
only comment from the public during the hearing is that this is a grea t thing to do and it should
have happened a long time ago.
At the close of discussion, the Landmark C ommission voted unanimously to recommend
approval for Landmark Designation status the proper ty located at 812 N Mill Street for the
structure formerly known as the Hanly Mill , under the McHenry Historic Preservati on
Ordinance.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended a motion be made to approve an Ordinance
designating the property located at 812 N Mill Street with the structure formerly known as
the Hanly Mill, as a McHenry Landmark under the McHenry Historic Preservation Ord inance.
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ORDINANCE NO. 22-
An Ordinance Designating the former Hanly Mill at 812 N Mill Street, as a
Historic Landmark
WHEREAS, the Thomas W Althoff Family Trust holds title to the property commonly
known as 812 N Mill Street , McHenry, IL and legally described on the attached Exhibit A; and
WHEREAS, due to its historical significance, the former Hanly Mill has been nominated
for historic landmark status by the McHenry Landmark Commission; and
WHEREAS, a public hearing was held on May 3, 2022, to consider the former Hanly
Mill for designation of a Nominated Landmark in accordance with the City of McHenry Historic
Preservation Ordinance; and
WHEREAS, a public hearing notice for the public hearing on May 3, 2022, was duly
published; and
WHEREAS, the Landmark Commission determined that the former Hanly Mill meets
the criteria of the McHenry Historic Preservation Ordinan ce for designation as a landmark,
evidenced by the report attached hereto as Exhibit B; and recommends that the City Council
designate the Riverside Chocolate Factory as an historic landmark;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the Cit y of
McHenry, McHenry County, Illinois, as follows:
SECTION 1: The former Hanly Mill shall be and hereby is designated as a Historic
Landmark.
SECTION 2: A plaque carrying a brief description and account of the historical
significance of the property shall be placed at the former Hanly Mill.
SECT ION 3: The City Clerk is hereby directed to cause a certified copy of this
ordinance, together with said Exhibits A and B to be recorded in the office of the McHenry
County Recorder of Deeds, McHenry County, Illinois.
SECTION 4: This ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 5: This ordinance shall be in full force and e ffect upon its passage, approval,
and publication in pamphlet form as provided by law.
Passed and approved this 16th day of May, 2022.
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Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
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EXHIBIT A
The subject property is located at the northwest corner of Crystal Lake Road and Mill Street,
commonly known as 812 N Mill Street, and is legally described as follows:
DOC 2014R0004376
PT LT 18 MCHENRY PLAT NO 12 MEMO:THOMAS W ALTHOFF TRS FAMILY TR CREATED UNDER
THE WILL OF JAMES L ALTHOFF
The owner of the subject property is Thomas W Trs Althoff, 812 N Mill St, McHenry, IL 60050.
PIN (Property Identification Number) of subject property: 09-27-480-005
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EXHIBIT B
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Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
CONSENT AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Ross Polerecky, Community Development Director
FOR: May 16, 2022 Regular City Council Meeting
RE: Award of Purchase Order Contract to Eagle Biomass for the Demolition of the
Former Roller Rink located at 914 Front Street
ATT: Proposal, Contract, ordinance
Agenda Item Summary:
The City of McHenry took possession of the former roller rink located at 914 Front Street on May
4, 2022 through a judicial deed due to the property owner abandoning the property. Staff is
seeking Council’s approval of an Ordinance that 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 for the demolition of the former roller rink. Staff is also
seeking Council’s approval to enter into a purchase order contract with Eagle Biomass in the
amount of $92,800.
Background:
In May of 2021 the Just For Fun Roller Rink caught fire and was a complete loss. Soon after the
fire city staff were notified the property owner did not have insurance on the building and that it
would be a huge financial burden on the property owner to clean the property of the debris left
after the fire. Staff immediately started working with the City Attorney to declare the property
abandoned. On May 4th 2022 a judge ruled the property abandoned and issued a judicial deed
to the City of McHenry.
Analysis:
City staff anticipated the court awarding a judicial deed to the city and reached out to multiple
demolition companies to get proposals for the cleaning of the property . The following proposals
were received:
Eagle Biomass $92,800
New Berlin Grading $148,980
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Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
Everest Excavating Inc $148,000
Johler Demolition $152,300
City staff have reviewed the proposals and is recommending a purchase order contract be
awarded to Eagle Boimass in the amount of $92,800.
Therefore, if Council concurs, it is recommended that a motion be made to (1) adopt the
attached ordinance thereby waiving the requirement of advertising for competitive bid set
forth in 65 ILCS 5/8-9-1 and the required competitive bidding called for within the City’s
Purchasing Policies for the demolition of 914 Front Street and (2) approve and authorize
Director Polerecky to enter into a Purchase Order Contract with Eagle Biomass 1400 S IL Route
31, Suite 203, McHenry, IL for a total amount not to exceed $92,800
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Eagle Biomass, Inc.
1400 S. IL Route 31, Suite 203
McHenry, IL 60050
PH: 815-344-7772
PROPOSAL
4-21-22
City Of McHenry 815-363-2100
333 S. Green St. rpolerecky@cityofmchenry.org
McHenry, IL. 60050
Attn: Ross Polerecky
We hereby propose to furnish labor and equipment necessary for the completion of the Demolition
and removal of all debris related to clean-up and removal of all debris and ash from burnt down
Roller Rink at 914 Front St. McHenry, IL. 60050
• Eagle will wreck structure in a manner as to protect the surrounding property.
• Eagle will separate all recyclable materials and all non-recyclable materials will be hauled to a
licensed landfill facility.
• Eagle will obtain any necessary licenses required for the job.
• Eagle will obtain demo permit and order utility disconnects.
• Price includes: Wrecking and hauling of all debris and ash related to structure, removal of all
block above ground. Disconnection of sewer and water services inside the property line, bring in
dirt fill to fill in crawl space, push in fill and compact with excavator, rough grade, bring in 5
loads of Topsoil or crushed concrete for final grade. If Topsoil is chosen for final grade, Grass
seed and straw blanket are included. Asbestos debris from the areas listed on the Phase 1
Environmental report will be abated by a licensed Asbestos contractor and hauled to the landfill
facility. Remediation and removal of underground fuel Tank. Removal of the free-standing sign.
Tear out and remove concrete piers and foundation walls and footings.
Price does not include: Any Village taxes or fees not specified on the proposal removal of hazardous
materials unless specified. Any alternates. Any bonds or fees required by the city or county. Any asphalt
removal from the parking lot, any contaminated soils.
We hereby propose to furnish labor complete in accordance with above specifications, for the sum of $92,800.00
$20,800.00 down, $40,000.00 due when asbestos and all debris and block is hauled away. $32,000.00
due when fuel tank is remediated and the hole and crawl space is filled and final graded.
Note:
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• If different payment terms are negotiated, a 5% fee will be added for every 30 days past the agreed due
date.
• Any concrete demolition price for wrecking and hauling is for typical concrete only.
• Fees for utility disconnect and permits are not included in proposal price unless specified.
• Any utility disconnect prices are for typical disconnects.
• If a credit or debit card is used for payment a 3.2 % fee will be added to price.
Respectfully submitted,
Richard Clements
Vice President
Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted.
You are authorized to do the work as specified. Payment will be made as outlined above.
Signature: _____________________________________ Date:
_________________________
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CITY OF McHENRY
PURCHASE ORDER NO.
(Prevailing Wages Apply)
Project: Demolition of former Just for Fun Roller Rink, 914 Front Street
McH enry , IL 60050
Location: City of McHenry
914 Front Street
Mc Henry , IL 60050
Owner Contractor
City of McHenry
333 South Green Street
McHenry, Illinois 60071
Phone: (815) 363 -2100
Contact: Ross Polerecky, Dir. of Community Development
rpolerecky@cityofmchenry.org
Eagle Biomass, Inc
1400 S. IL Route 31 Suite 203
McHenry, IL 60050
815-378-8188
COST OF WORK
The Contract Price of the Work under th is Purchase Order is based on time and materials and shall not exceed $92,800.00
SCOPE OF WORK: Contractor shall f urnish labor and materials necessary to complete the following work/items, collectively,
(“Work”): see Contractor’s Proposal d ated April 21, 2022, attached hereto and incorporated herein.
NOTES:
A. Changes to the projec t scope, affecting materials and/or labor required to complete the Work noted above and resulting in
additional cost, will require revisions to this Purchase Ord er and Owner’s approval prior to proceeding with the work.
B. The Contract Price is based upon Work being performed during our normal bu siness hours – Monday through Friday, 7a.m. –
3:30p.m.
C. Payment and performance bonds by Contractor are waived.
D. No retainage shall be req uired.
1. Acceptance of Purchase Order . The Purchase Order is an offer to contract, buy or rent and not an accepta nce 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’s Proposal or
Contractor’s acknowledgment or other response hereto states terms additional to or differe nt 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 good s herein ordered, and, in any event, shall be deemed accepted in its entirety
by Contractor unless Owner is notified to the contra ry within ten (10) days from its date of issue. This Purchase Order contains the entire
agreement between the parties. Any mod ification or recession 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.
2. Familiarity with Site Conditions; Qualifications. Contractor acknowledges that it has examined and is familiar with the site conditions
surrounding t he proposed Work and is aware of, and satisfied with, the requirements of this Purchase Order. Contractor 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 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, cost s a nd charges by reason of any act or
representations of Contractor, its agents or employees.
3. Extras and Change Orders. No claim by Contractor that any instructions, by drawing or otherwise, constitute a change in Contractor’s
performance hereunder, for which Contractor should be paid additional compensation shall be valid, unless prior to commencing such
allegedly extra or changed performa nce. Contractor shall have received a written supplement to this Purchase Order authoriz ing 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 has incurred any expense by reason of any act or failure to act or Owner or its contractor, subcont ractor, materialmen or any oth er
party sha ll be valid un less made in writing within 30 days of the alleged act or failure to act and approved in writing by Owner, provided
however, that if the Contractor 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 “Work”) ordered herein, by the omission ne glect or default of Owner, its
agents or employees, Contractor shall be entitled to no additional compensation or dama ges 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 ca uses, determined by Owner. Any charges for extra not so
authorized will not be paid.
4. Inspection and Acceptance . Owner shall have the right at a ll reasonable times to inspect and test all goods, materials or work furnished
by Contractor and all work performed or furnished by Contractor. Notwithstanding any prior inspection, the passage of tit le or any prior
payment, all goods, material and work fu rnished there under are subject to final inspection and acceptance by Owner at its job site. If, after
inspection, Owner rejects any goods furnish by Contractor there under, Owner may, at its election , return those goods to Contractor at
Contractor’s expense, including the cost of any inspection and testing thereof. If Contractor fails to proceed promptly with the c orrection 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 or terminate this Purchase Order for default in accordance with paragraph 7 herein. By inspecting and not
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rejecting any goods and work furnished there under, Owne r shall not be precluded thereby from subsequently revok ing its acceptance thereof
it the goods or work are later discovered to be nonconforming with this Purchase Orde r or the specifications and drawings applicable hereto,
even if the defect does not substantially impair value to Owner.
5. Taxes, Delivery, Risk of Loss. Unless indicated to the contrary on the face hereof, it shall be the responsibility of Contractor to
a rrange for and complete delivery of all goods or materials. If the goods or materials f urnished there under are equipment,
Contractor shall giv e Owner two (2) working days’ advance notice of delivery. All goods or materials furnished by Contractor
should be shipped in the manner and at the times indicated on the face hereof at the expense of Contractor, it being understood that
the risk of loss with respect to such goods is with Contractor until such goods come into the actual possession of Owner, regardless
of the mode of delivery or earlier passage of title. This Pro ject is tax exempt. The Owner’s tax -exempt number is:E9995 -0881 -07 .
6. Payment.
A. Contractor may submit for payment every thirty (30) days. Prior to issuance of any payments by the Owner to the Contractor,
the Contractor shall furnish to the Owner (in a form suitable to the Owner) an invoice for payment then due, together with rec eipts, waivers
of claim and other evidence showing the Contractor’s payments for materials, labor and other expense incurred in the Contractor’s Work
hereunder.
B. Owner may withhold the whole or an y part of any payment due to the Contractor to the exten t 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 to make payments p romptly for material or la bor, or (d) Contractor’s failure to furnish Owner
with all written warranties and operational manuals for the Wo rk.
C. Contractor hereby authorizes the OWNER (1) to deduct from any amount due or becoming due the Contractor under th is
Purchase Order for a ll amounts owing from the Contractor to (a) the Owner for back-charges or services furnished for the account of the
Contractor, (b) the Owner for damages sustained whether through negligence of the Contractor or through failure of th e Contractor to act as
may be otherwise detailed herein, (c) material men , (d) subcontractors, (e) laborers, and (f) others for service s and materials furnished to the
Contractor for the Work performed under this Purchase Order, 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 hereinb efore set forth.
D. Owner, without invalidating this Purchase Order, may make changes by altering, adding to or deducting from t he Work to be
performed. The value of any such changes will be determined as follows: (a) by the unit prices named in this Purchase order, if any, or (b)
by agreement in writing between the Owner and the Contractor as to the value of the time and materia ls for the changes in the Work. In any
event, the Contractor will keep and present, in any form as the Owner may direct, a co rrect account of the net cost of any extra labor and
materials, together with vouchers referring to the same.
E. Notwithstanding the payment in full for the Work hereunder, the Contractor will be liable to repair or replace any imperfect
workmanship or other faults; and if the Contractor fails to repair or replace the imperfect workmanship or other faults, the Owner may do the
Work and recover f rom the Contractor the cost and expense thereof. No payment on account will be construed or considered as an ap proval
of the Work for which payment is made.
7. Contractor Warranty . Contractor warrants in addition to all warranties which are imposed or implied by law or equity that all materials
and work furnished there under (i) shall confirm to any specifications and drawings applicable to this Purchase Order, (ii) shall be
merchantable and of good qua lity and workmanship, (iii) sh all be fit for the purpose intended as well as the purpose for which such goods,
materials or work are generally used, and (iv) shall be f ree from defects for a period of one (1) year or such longer period as is specified in the
contract documents, from th e date any such goods, mat erials or Work hereunder is accepted in writing by Owner. Contractor expressly
agrees that the statue of limita tions with respect to Contractor’s warranties shall begin to run on the date of acceptan ce by Owner. Contractor
furth er indemnifies and holds t he Owner harmless from all claims, liens, fees and charges and payment of any obligations arising thereunder.
8. Insurance. Contractor shall at all times maintain business automobile, commercial liability and workers compensation in surance
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 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 occurr ence.
9. Indemnity . Contractor hereby agrees to indemnify Owner for any loss, expense, recovery or settlement, including counsel f ees and costs
of defense which arise from any demand, claim (whether frivolous or not) or suit which may be asserted or brough t against Contractor or
Owner as a result of any injury or damage to any person or persons (including death) or property (i) allegedly caused by , resulting form,
arising out of or occurring in connection with the furnishing of any goods, materials or work or the performance or preparation for
performance of any of the work or any duties of the Contractor hereunder, or incident or pertaining thereto, and (ii) whether or not such
injury or damage is due to or chargeable to any alleged negligence of Owner or a ny contractor or subcontractor under a contract from which
the goods, materials or work is herein ordered are required , o r the alleged negligence of any employee of Owner or aforesaid contractor or
subcontractor, including but not limited to any claim based on liability without fault for injury caused by defective goods, materials or work
sup plied by Contractor. Further,
A. Contra ctor acknowled ges 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 defect ive
such charges claimed b y Owner shall include consequential damages, penalties, taxes or assessments (including punitive damages), inclu ding
counsel fees and the costs of defense, which may be imposed or incurred unde r any f ederal, state or local la w, o rdinance or regulation upon or
with respect to (i) the payment of compensation to any individual employed by Contractor, (ii) any discrimination against any individual
employed by Contractor on the basis of race, color, religio n, sex, national origin or phy sical or men tal handicap, (iii) the protection of
purchasers and users of consumer products, or (iv) occupational safety and health, and
B. I n any and all claims against Owner or any of its agents or employees, by any employ ee of Contractor, the indemnif ication
obligation under this paragraph shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by
47
Page 3 of 4
or for Contractor under workers’ compensation acts, disability benefits acts or employee benefit acts, or o ther applicable law. Cont ractor
assumes the entire liability for its own negligence and as part of this Purchase Order waives all defense s available to Contractor as an
employer which limit the amount of Contractor’s liabilit y to Owner to the amount of Contractor’s liability under any workers’ compensation,
disability benefits or employee benefit acts.
10. Cancellation. Time of delivery of this Purchase Order is of the essence and Owner may, by written notice of default to Contractor,
cancel the whole or any part of this Purchase Order (i) if Contractor fails to make delivery of the goods or perform the services within the
time specified herein or any extensions thereof, or (ii) if Contractor fails to perform or so fails to make p rogress as to endanger performance
there under, and in either circumstance does not cure such failure within a period of two (2) business days after receipt of notice f rom Owner
specifying such failure. Owner, by written notice to Contractor, may cancel t he 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 th ereto. If this Purchase Order is so
canceled, the Contractor shall be compensated for such canceled as follows: (a) for materials delivered and services performed as the
reasonable value as part of the Contract Price; (b) for materials not identified to t his Purchase Order and service not performed, no
compensation; and (c) for Contractor’s lost profits or incidental or con sequential loss, no com pensation.
11. Owner’s Remedies. Contractor shall, for the duration of its warranties under paragraph 7 herein, at the discretion of Owner and at the
expense of Contractor, replace, repair and insure any and all faulty or imperfect good s, materials or work fu rnished or performed by
Contractor there under. In the event Contractor fails to do so, Owner may furnish or perform the same and recover materials from Contractor
the cost and expense directly or ind irectly resulting there from, including all consequentia l damages but not limited to the cost or expense of
inspection, testing, removal, replacement, re -installation, destruction of other materials resulting there from and any increased cost or expense
to Owner in its performance unde r contracts with others, p lus 15% of all such costs or expenses for overhead. 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.
12. Compliance with Laws. During the p erformance hereunder, Contractor 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 regard ing the payment of prevailing wages, non -discrimination laws, employment of Illinois workers, labor, wage and
collective barga ining. Except where otherwise expressly required by applicable Law s and Regulations, Owner shall not be responsible f or
monitorin g Contractor’s compliance with any Laws or Regulations.
13. Prevailing Wage Act Applies. The Owner hereby notifies Contractor and Contractor shall comply with the terms and procedures of the
Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq., and that not less than t he prevailing rate of wages as found by the Owner, the
Department of Labor or as determined by the court on review shall be paid to all laborers, workers, and mechanics performing work on this
Project. To the extent that there are any violations of the Illinois Prevailing Wage Act and any demands are made upon the Owner by the
Illinois Department of Labor or by any employee of the Contractor or a Subcontractor performing Work on the Project, the Contra ctor shall
be responsible for ind emnifying and holding t he Owner free and harmless from all costs, liability or damages incurred, directly or indirectly,
by the Owner including attorneys’ fees, in responding to and complying with demands made by the Department of Labor or an aggrieved
emp loyee and such amounts may be withheld from the payments to be made on the Project. It is the intention that the Owner shall suffer no
time loss or other additional expenses in complying with any inquiry made with regard to the Illinois Prevailing Wage Act.
14. Human Rights Act Applies. The Owner hereby notifies Contractor and Contractor shall comply with the terms and procedures of the
Illinois Human Rights Act, 775 ILCS 10/0.01 , et seq.
15. Drug Free Workplace Applies. The Owner hereby notifies Contractor an d Contractor certifies that it will provide a drug free
workplace and that it is in compliance with the requirements of the Illinois Drug Free Workplace Act. 30 ILCS 580 /1 , et seq. Upon request,
Contractor shall execute a certif ication in compliance with the Owner’s drug-free workp lace policy and/or the Illinois Drug-Free Workplace
Act as submitted by the Owner to the Contractor.
16. Sexual Harassment. The Owner hereby notifies Contractor and Contractor certifies that it has a written sexual harassment policy which
includes (i) the illegality of sexual harassment; (ii) a definition of sexual harassment (iii) a description of sexual harassment, u tilizing
examples; (iv) an internal complaint process including penalties; (v) the legal recourse, investigative and comp liant process through the
Illinois Department of Human Rights; (vi) directions on how to contact the Department and Commission; and (vi i) protection against
retaliation for exercising rights under the policy in accordance with the Illinois Human Rights Act, 775 ILCS 5/1 -101, et seq. The Owner and
Contract or are subject to the rules and regulations of the Illinois Department of Human Righ ts and the statutory requirements thereof.
17. Veterans Preference Act Applies. In the employment and use of labor, and to the extent required by law, the Contractor shall conform
to the Illinois Veterans Preference Act, 330 ILCS 55/0.0 1 et seq.
18. Debarment. The Contractor certifies that it is not barred from bidding on the Work as a result of a conviction for either bid -rigging or
bid rotating pursuant to 720 ILCS 5/33E-11.
19. Force Majeure. The parties’ duty to perform under this Purchase Order are contingent upon the non -occurrence of an Event of Force
Majeure. If either party shall be unable to carry out any material obligat ion under th is Purchase Order due to an Event of Force Majeure, this
Purchase Order shall at Owner’s election (i) remain in effect but Contractor’s obligations shall be suspended until the uncontrollable event
terminates or (ii) be terminated upon 10 days’ notice to Contractor, in which event Owner shall pay Contractor for all parts of the Work
furnished to the date of termination. An “Event of Force Majeure” shall mean any cause or event beyond the control of the parties. With out
limiting the foregoing, “Event of Force Majeure” includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake;
tornado; storm; fire; civil d isobedience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court
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Page 4 of 4
ord er or pub lic authority (whether valid or invalid); and action or non -action by or inability to obtain or keep in force the necessary
go vernmental authorizations, permits, licenses, certificates or approvals if not caused by Contractor; and the requirements of any applicable
government in any manner that diverts either the materials to the direct or indirect benefit of the government.
20. Arbitration. Any controversy or claim arising out of or relating to this Purchase Order, or the breach thereof, shall be set tled by binding
arbitra tion administered by the American Arbitration Association under its Construction Industry Arbitration Rules or J AMS Dispute
Resolution, as determined in the exc lusive discretion of the Owner, at 333 South Green Street, McHenry, Illin ois, and judgment on the award
rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree t hat an arbitration award by default may
be entered upon the party failing to appear or d efend itself in any arbitratio n p roceeding.
21. Recovery of Fees. In the event of any arbitration of this Purchase Order between the parties, or litigation of this Purchase Order, the
non-prevailing party, as determined by the arbiter or court, shall pay all expenses incurred by the preva iling party, including, but not limited
to (a) attorneys’ fees, (b) filing costs, (c) witness fees, and (d) other general expenses of arbitration or litigation .
22. Controlling Law; Severability . The validly of this Purchase Orde r or any of its provisions and the sufficiency of any performance there
under shall be determined under the laws of Illinois. If any provision or requirement of this Pu rchase Order is declared or found to be
unenforceable that balance of this Purchase Orde r shall be interpreted and enf orced as if the unenforcea ble provision or requirement
was never a part hereof.
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.
Owner: Contractor:
By: By:
Title: Title:
Date: Date:
49
ORDINANCE NO. 22-
An Ordinance Waiving Advertising for Bids and Waiving Certain City Purchasing Policies
and Authorizing a Purchase Order Contract to Demolish 914 Front Street
WHEREAS, the City of McHenry, McHenry Count y, 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 May 4, 2022, the City of McHenry took possession of the former roller
rink located at 914 Front Street through a judicial deed due to the property owner abandoning the
property.
WHEREA S, in May of 2021 the Just for Fun Roller Rink caught fire and was a complete
loss, and the property now needs to be demolished.
WHERAS, t he City has determined that it is in the City’s best interest to enter into Purchase
Order Contract to handle the d emolition with Eagle Biomass, 1300 S IL Route 31, Suite 203,
McHenry, IL, for a total amount not to exceed $94,800.
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: As time is of the essence, in order t o allow the City to move forward with the
demolition of the former roller rink property at 914 Front Street , the Cit y 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 remain der thereof, which remainder shall remain and
continue in full force and effect.
SECTI ON 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 an d effect upon its passage, approval and
publication in pamphlet form (which publicat ion is hereby authorized) as provided by law.
Passed this 16th day of May, 2022.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
50
Alderman Santi _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Mont e Johnson, Deputy Clerk
51
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
CONSENT AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Ross Polerecky, Community Development Director
FOR: May 16th 2022 Regular City Council Meeting
RE: Exclusive Listing Agreement for 914 Front Street with Jack Minero of Berkshire
Hathaway Starck Realty
ATT: Listing agreement
Agenda Item Summary:
Staff is looking for authorization to enter into an Exclusive Listing Agreement with real estate
agent Jack Minero of Berkshire Hathaway for the listing of the former Just For Fun Roller Rink
property located at 914 Front Street McHenry, IL.
Background:
The City of McHenry has acquired the former Just For Fun Roller Rink Located at 914 Front street
through a judicial deed. City staff and hired contractors (with the approval of City Council) will
start demolition of the property immediately upon approval of the contracts (tonight’s agenda).
The property is expected to be clear of all debris within 30 days of contract approvals. Staff is
asking to enter into a contract with Jack Minero to advertise the property for sale. Jack has been
the listing agent with the former property owner and has extensive knowledge of the property.
Jack also has the landscape business and two rental properties listed directly adjacent to the
north. The roller rink property and the properties to the north will be marketed as one
development site or two, independently.
If the City Council concurs it is recommended that Council authorize the Mayor to enter into an
exclusive listing agreement with Jack Minero of Berkshire Hathaway for the listing of 914 Front
Street McHenry, IL for a period through April 30th 2023.
52
EXCLUSIVE LISTING AGREEMENT
The undersigned is authorized by The City of McHenry, which has the right, title and authority to sell 914 Front
Street, McHenry, Illinois, 60050.
The asking price for the Property shall be $_______________or at a price that the seller may agree to.
In consideration of the agreement, Berkshire Hathaway Starck Realtors,will use its best efforts to sell the Property,
Owner hereby appoints Jack Minero as exclusive Agent and grants Agent the exclusive right to sell the Property
during ,the period from June 2022, through April 30, 2023.Co-Broker will be Elizabeth DeMeo who will
assist in marketing and showing the property.This Agreement may be canceled by either party any time after 6
months with thirty (30) days written notice given. Agent agrees to market the Property to other commercial real
estate brokers. Owner agrees to cooperate fully with Agent, to refer all inquiries to Agent and to conduct all
negotiations through Agent.
In the event the Property is sold through the efforts of the Agent, or if Agent procures a ready, willing and able
individual or entity to buy the Property, or in the event the property is sold by Owner or anyone else while this
Agreement is in full force and effect, Owner agrees to pay Agent a commission in accordance with the schedule
contained in this document.
Said commission shall be paid at the time of the closing of the sale of the Property. If within 180 days after the
termination or expiration of this Exclusive Listing Agreement the Property is sold to a person or party whom Agent
has submitted the Property prior to the termination or expiration of the Term of the Agreement, Agent is to receive a
fee in accordance with this agreement.
Owner may authorize Agent to place one or more signs on the Property. Agent’s sole duty is to sell the Property, and
Agent is not charged with the custody of the Property, its management, maintenance, upkeep or repair provided;
however, nothing herein contained shall prohibit Agent from entering the Property for the purpose of showing it to
prospective Buyers during normal business hours.
Relative to the actions, procedures, and transactions contemplated by this Agreement, Seller and Agent acknowledge
there can be no discrimination with respect to race, color, religion, sex, disability, familial status, or national origin.
COMMISSION SCHEDULE
In consideration of this EXCLUSIVE AUTHORIZATION TO SELL (“Authorization”) and Broker’s agreement to
diligently pursue the procurement of a purchaser for the subject property,Owner agrees to pay broker a sales
commission of 6%,and shall be allocated as 3% to the Agent and 3% to the co-op broker.The commission shall be
paid at the close of escrow, through escrow, or if there is no escrow, then upon delivery of title; provided, however, if
the transaction involves an installment contract, then payment shall be made upon execution of such contract.
DISCLOSURE AND CONSENT TO DUAL AGENCY
Berkshire Hathaway Starck Realtors, a licensed real estate broker in the State of Illinois (Licensee), may undertake a
dual representation (i.e. representing both the Owner and Buyer) for the sale of the Property. The undersigned
acknowledge (s) being informed of the possibility of this type of representation.
Before signing this document, please read the following:
Representing more than one party to a transaction presents a conflict of interest since both clients may rely upon
Licensee’s advice and the clients’ respective interests may be adverse to each other. Licensee will undertake this
representation only with the written consent of ALL clients in the transaction.
Any agreement between the parties as to a final contract price and other terms is a result of negotiations between the
parties acting in their own best interests and on their own behalf. You acknowledge that Licensee has explained the
implications of dual representation, including the risks involved, and understand that you have been advised to seek
independent advice from your advisors or attorneys before signing any documents in this transaction.
53
WHAT A LICENSEE CAN DO FOR CLIENTS WHEN ACTING AS A DUAL AGENT
1. Treat all clients honestly
2. Provide information about the Property to the Buyer.
3. Disclose all latent material defects in the Property that are known to the Licensee.
4. Disclose financial qualification of the Buyer to the Owner.
5. Explain real estate terms
6. Help the Buyer to arrange for property inspections.
7. Explain closing costs and procedures
8. Help the Buyer compare financing alternatives
9. Provide information about comparable properties that have sold, so both clients may make educated decisions on
what price to accept or offer.
WHAT A LICENSEE CANNOT DISCLOSE TO CLIENTS WHEN ACTING AS A DUAL AGENT
1. Confidential information that Licensee may know about a client, without that client’s permission.
2. The price the Owner will take other than the list price, without permission of the Owner.
3. The price the Buyer is willing to pay, without permission of the Buyer.
4. A recommended or suggested price the Buyer should offer.
5.A recommended or suggested price the Owner should counter with or accept.
If either client is uncomfortable with this disclosure and dual representation, please let Licensee know. You are not
required to sign this document unless you want to allow the Licensee to proceed as a Dual Agent in this transaction.
The undersigned acknowledges that licensee has explained the implications of dual representation, including the risk
involved, and that they have consented to Berkshire Hathaway Starck Realtors, (Licensee) acting as a Dual Agent
(that is, to represent BOTH the Owner and the Buyer) in providing brokerage services on their behalf and
specifically consent to Licensee acting as a Dual Agent in regard to the transaction referred to in this document.
I agree to allow Jack Minero to proceed as a Dual Agent in this Transaction:X_____________________X __________
Date
No amendments or alterations in the terms hereof or withdrawal of the Authorization shall be valid or binding unless made
in writing and signed by both Owner and an officer of Broker, and Owner and Broker agree that there are no statements,
representations, inducements or promises made or relied upon by one or the other, except as expressly stated herein.
In the event of any controversy related to, concerning or arising out of this EXCLUSIVE AUTHORIZATION TO SELL
and/or the COMMISSION POLICY, or any facts based upon or involving the same prevailing party, whether in court or by way of
out-of-court settlement, shall be entitled to recover from the non prevailing party or parties such prevailing party’s attorney’s fees,
court costs, expert witness fees and/or other expenses relating to such controversy, including attorney’s fees.
CITY OF MCHENRY BERKSHIRE HATHAWAY STARCK REALTY
X_______________________X________ _____________________________ _________
Wayne Jett – Mayor DATE Jack Minero -- Agent DATE
________________________ _________ _____________________________ _________
DATE - Managing Broker DATEKaren Conley
54
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 16, 2022
TO: Mayor and City Council
FROM: Troy Strange, P.E., Director of Public Works
RE: HR Green, Inc. Master Engineering Services Agreement Modifications
ATT: HR Green, Inc. Master Agreement with Revisions
ZRFM Law Memorandum Regarding Proposed Modifications
______________________________________________________________________________
AGENDA ITEM SUMMARY:
Staff requests that the City Council consider approval of modifications of the City Master
Engineering Services Agreement with HR Green, Inc.
BACKGROUND:
In January of this year, City staff solicited qualifications for Professional Engineering Services from
engineering firms to develop a new prequalified pool of firms , which will provide engineering
services for the City of McHenry for various tasks. This selection process was co mpleted after
staff reviewed the qualifications of submitting firms, and a resolution identifying the new list of
pre-qualified firms was passed at the February 22, 2022, City Council Meeting.
As a part of the prequalification process, staff worked with the City Attorney to develop a Master
Agreement which would be executed with each firm upon prequalification which would be
effective for the term of the prequalification. Any individual projects would be completed under
task orders while the Master Agreement would serve as the governing contract for all task orders.
This Master Agreement was included with the Request for Qualifications document, and firms
were given the opportunity to note any exceptions to the Agreement. HR Green, Inc. noted their
exceptions and submitted them with their statement of qualifications. Staff consulted with the
City Attorney and made the determination that the exceptions should not preclude HR Green
from prequalification and could be resolved prior to the execution of the Master Agreement.
Staff and the City Attorney have worked to negotiate terms to the Master Agreement with HR
Green which are satisfactory and acceptable for execution. The City Attorney has provided a
summary memorandum of the modifications which is attached to this supplement for reference.
55
ANALYSIS:
Staff has negotiated the modified agreement terms and has sought the guidance of the City
Attorney as to the acceptability of the modified terms. Based upon review of the modified terms
and based upon recommendations of the City Attorney, staff is recommending that the
modifications of the agreement with HR Green, Inc. be accepted by City Council and that the
agreement be executed between the City of McHenry and HR Green, Inc.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended to approve the modifications to the Master
Contract Between the City of McHenry and HR Green, Inc. for Professional Engineering Services
which will be executed between the City of McHenry and HR Green, Inc.
56
City of McHenry Master Services Contract ver111721
Master Contract
Between the City of McHenry
And HR GREEN, INC.
For Professional Engineering Services
TABLE OF CONTENTS
Page
ARTICLE 1. THE SERVICES ....................................................................................................... 1
1.1 Intent; Conflicts ...................................................................................................... 1
1.2 Task Orders ............................................................................................................. 1
1.3 Project Time ............................................................................................................ 1
1.4 Term; Extensions .................................................................................................... 1
1.5 No Guarantee of Work; Other Contracts ................................................................ 1
1.6 Responsibility of Consultant to Perform ................................................................. 2
1.7 Financial Ability to Perform. .................................................................................. 2
ARTICLE 2. COMPENSATION AND PAYMENT ..................................................................... 2
2.1 Pricing Schedule ..................................................................................................... 2
2.2 Monthly Payment; Invoices .................................................................................... 2
2.3 Taxes ....................................................................................................................... 3
2.4 Final Payment. ........................................................................................................ 3
2.5 Deductions .............................................................................................................. 3
2.6 Use of Deducted Funds ........................................................................................... 3
2.7 Keeping Books and Accounts ................................................................................. 3
ARTICLE 3. PERFORMANCE OF PROJECT AND SERVICES ............................................... 4
3.1 Standard of Performance ......................................................................................... 4
3.2 Correction of Defects .............................................................................................. 4
3.3 Risk of Loss ............................................................................................................ 4
3.4 Opinions of Probable Cost ...................................................................................... 4
3.5 Responsibility for Work by Contractors ................................................................. 4
3.6 City Responsibilities ............................................................................................... 5
3.7 Information Supplied by Owner and Others. .......................................................... 6
57
ii
3.8 Time of Performance .............................................................................................. 6
3.9 Suspension of Services, Project .............................................................................. 6
ARTICLE 4. TASK CHANGE ORDERS; DELAYS .................................................................... 6
4.1 Task Change Orders ................................................................................................ 6
4.2 Revision Notices ..................................................................................................... 6
4.3 Disagreements over Task Change Order Terms ..................................................... 6
4.4 No Change in Absence of Task Change Order ....................................................... 6
4.5 Delays ..................................................................................................................... 7
ARTICLE 5. INSURANCE ............................................................................................................ 7
5.1 Insurance. ................................................................................................................ 7
5.2 Scope of Coverage .................................................................................................. 7
5.3 Minimum Limits of Coverage ................................................................................ 7
5.4 Deductibles and Self-Insured Retentions ................................................................ 8
5.5 Additional Requirements ........................................................................................ 8
5.6 Verification of Coverage ......................................................................................... 9
5.7 Sub-Consultants and Suppliers ............................................................................... 9
5.8 Acceptability of Insurers ......................................................................................... 9
ARTICLE 6. INDEMNIFICATION ............................................................................................... 9
6.1 Contract to Indemnify ............................................................................................. 9
6.2 Notice of Claim to Consultant. ............................................................................. 10
6.3 No Limit Based on Insurance ............................................................................... 10
6.4 Withholding Payment ........................................................................................... 10
6.5 Limit on Duty to Indemnify .................................................................................. 10
ARTICLE 7. DISPUTES .............................................................................................................. 10
7.1 Notice .................................................................................................................... 10
7.2 Jurisdiction ............................................................................................................ 10
7.3 Arbitration; Mediation. ......................................................................................... 11
7.4 Performance of Services ....................................................................................... 11
ARTICLE 8. TERMINATION ..................................................................................................... 11
8.1 Master Contract is At-Will. ................................................................................... 11
8.2 Termination by City for Breach. ........................................................................... 11
8.3 City Remedies ....................................................................................................... 11
8.4 Termination for Convenience ............................................................................... 12
58
iii
8.5 Termination by Consultant for Breach. ................................................................ 12
8.6 Termination by Consultant without Cause ........................................................... 12
ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS ...................... 12
9.1 Consultant as Independent Consultant .................................................................. 12
9.2 Compliance with Laws; Communications with Regulators .................................. 12
9.3 Consultant Payments; Waivers of Liens ............................................................... 12
9.4 Permits and Licenses ............................................................................................. 12
9.5 Safety; Hazardous Materials ................................................................................. 13
9.6 Intellectual Property .............................................................................................. 13
9.7 Confidential Information ...................................................................................... 13
9.8 Ownership of Data and Documents ...................................................................... 13
9.9 Copyrights and Patents ......................................................................................... 14
9.10 Notices .................................................................................................................. 14
9.11 No Waiver by City. ............................................................................................... 14
9.12 No Third-Party Beneficiaries ................................................................................ 14
9.13 Survival of Terms ................................................................................................. 14
9.14 Assignments. ......................................................................................................... 15
9.15 Amendments ......................................................................................................... 15
9.16 Governing Law ..................................................................................................... 15
9.17 Compliance with Laws, Grant Regulations .......................................................... 15
9.18 Representation of No Conflicts ............................................................................. 15
9.19 No Collusion. ........................................................................................................ 15
59
City of McHenry Master Services Contract ver111721
Master Contract
Between the City of McHenry
And [CONSULTANT]
For Professional Engineering Services
This contract (the “Master Contract”) is dated as of May 1, 2022 (the “Effective Date”) and
is by and between the City of McHenry (the “City”) and HR GREEN, INC. (the “Consultant”).
In consideration of the mutual covenants and promises contained herein, the parties agree as
follows:
ARTICLE 1. THE SERVICES
1.1 Intent; Conflicts. It is the intent of the parties that this Master Contract govern the
relationship of the parties. Specific terms related to a project will be contained in a task order as
provided in Section 1.2. In the event of a conflict between the provisions of this Master Contract
and any task order, then provisions of this Master Contract will apply and control. The parties
intend for this Master Contract to comply with all applicable Illinois statutes, regulations, and local
ordinances, including the Illinois Department of Transportation, Bureau of Local Roads & Streets,
requirements for professional services agreements.
1.2 Task Orders. The Consultant will perform services for the City from time to time
as set forth in written task orders issued by the City on a project-by-project basis (the “Services”),
provided, however, that any task order in an amount exceeding $25,000 must be approved by the
City Council and no task order shall be issued for Services in excess of $300,000. A task order
will be in the form generally as provided in Attachment A attached to and by this reference
incorporated into this Master Contract (a “Task Order”) and in final form acceptable to the City
and executed by the Parties. Each Task Order will include all Services to be performed under that
Task Order (collectively a “Project”). Issuing multiple Task Orders or requests for Services for
parts of the same Project (Stringing Task Orders”) is not permitted under this Master Contract; the
City shall issue only a one (1) Task Order per Project.
1.3 Project Time. Each Task Order will include a time schedule for the Project (a
“Project Schedule”) including without limitation a date for completion of the Project (the “Project
Completion Date”).
1.4 Term; Extensions. The term of this Master Contract shall expire four (4) years
after the Effective Date unless terminated earlier pursuant to Article 8 of this Master Contract (the
“Term”). All terms of this Master Contract, including without limitation pricing terms, are firm
during the Term, unless a change is explicitly agreed to by the City in a Task Order. The Parties
may extend this Master Contract for two additional one-year periods (each an “Extended Term”).
Pricing terms may be adjusted by agreement at the beginning of an Extended Term.
1.5 No Guarantee of Work; Other Contracts. This Master Contract does not guarantee
that the Consultant will be awarded Projects by the City, and the City has no duty or obligation to
award Projects to the Consultant. Also, the City may enter into master contracts with other
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City of McHenry Master Services Contract HRG ver 042622 2
consultants, pursuant to which the City may award work from time to time at the City’s discretion.
1.6 Responsibility of Consultant to Perform. The Consultant must provide all
personnel necessary to complete the Services. The Consultant must perform the Services with its
own personnel and under the management, supervision, and control of its own organization unless
otherwise approved by the City in writing. All sub-consultants and supplies used by the Consultant
in the performance of Services must be acceptable to, and approved in writing and in advance by,
the City or the Public Works Director. The City’s approval of any sub-consultant or supplier will
not relieve the Consultant of full responsibility and liability for the provision, performance, and
completion of the Services in full compliance with, and as required by or pursuant to, this Master
Contract and the relevant Task Order. All Services performed by any sub-consultant or supplier
are subject to all of the provisions of this Master Contract and the relevant Task Order in the same
manner as if performed directly by the Consultant. If any sub-consultant or supplier fails to
properly perform any Services undertaken by it in compliance with this Master Contract or the
relevant Task Order, then the Consultant, immediately on notice from the City, must remove that
sub-consultant or supplier and undertake the Services itself or replace the sub-consultant or
supplier with a sub-consultant or supplier acceptable to the City. The Consultant will have no claim
for damages, for compensation in excess of the Compensation, or for delay or extension of the
Project Schedule as a result of any such removal or replacement.
1.7 Financial Ability to Perform. Each time when executing a Task Order, the
Consultant represents and declares that it is financially solvent, has the financial resources
necessary, has sufficient knowledge, skill, experience, and competence, and has the necessary
capital, facilities, organization, and staff necessary to provide, perform, and complete the Project
set forth in the Task Order in full compliance with, and as required by or pursuant to, the Task
Order and this Master Contract.
ARTICLE 2. COMPENSATION AND PAYMENT
2.1 Pricing Schedule. As compensation for the performance of the Services
(“Compensation”), the City will pay the Consultant the amounts set forth in Attachment B attached
to and by this reference incorporated into this Master Contract (the “Pricing Schedule”). The
Parties may agree to different or additional pricing terms in a Task Order (“Project-Specific
Pricing”). Except for the Compensation and any Project-Specific Pricing, the City will have no
liability for any expenses or costs incurred by the Consultant.
2.2 Monthly Payment; Invoices. The Compensation for a Project will be paid in
monthly installments. The Consultant must submit to the City, on a monthly basis, unless the
Parties agree in a Task Order to a different schedule, a written invoice for payment for completed
work. The City may specify the specific day of the month on or before which invoices must be
filed. Each invoice must be accompanied by receipts, vouchers, and other documents as required
by the City or the Public Works Director to reasonably establish the Consultant’s right to payment
of the Compensation stated in the invoice. In addition, each invoice must include (a) employee
classifications, rates per hour, and hours worked by each classification and, if the Project is to be
performed in separate phases, for each phase, (b) total amount billed in the current period and total
amount billed to date and, if the Project is to be performed in separate phases, for each phase, and
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(c) the estimated percent completion of the Project and, if the Project is to be performed in separate
phases, for each phase.
2.3 Taxes. The Compensation includes applicable federal, State of Illinois, and local
taxes of every kind and nature applicable to the services provided by the Consultant and all taxes,
contributions, and premiums for unemployment insurance, old age or retirement benefits,
pensions, annuities, or other similar benefits. The Consultant will never have a claim or right to
claim additional compensation by reason of the payment of any such tax, contribution, premium,
costs, royalties, or fees.
2.4 Final Payment. A Project, or a phase of a Project, will be considered complete on
the date of final written acceptance by the City of the Services or the relevant phase of the Services.
Services related to a submission of the Consultant will be deemed accepted by the City if the City
does not object to those Services in writing within 30 days after the submission by the Consultant
of an invoice for final acceptance and payment. The City will make final payment to the Consultant
within 30 days after final acceptance of the Services and any Project-Specific Compensation, after
deducting therefrom charges, if any, as provided in this Master Contract or the relevant Task Order
(“Final Payment”). The acceptance by the Consultant of Final Payment will operate as a full and
complete release of the City by the Consultant of and from any and all lawsuits, claims, or demands
for further payment of any kind for the Services encompassed by the Final Payment.
2.5 Deductions. Notwithstanding any other provision of this Master Contract, the City
may deduct and withhold from any payment or from Final Payment such amounts as may
reasonably appear necessary to compensate the City for any loss due to (1) Services that are
defective, nonconforming, or incomplete, (2) liens or claims of lien, (3) claims against the
Consultant or the City made by any of the Consultant’s sub-consultants or suppliers or by other
persons about the Services, regardless of merit, (4) delay by the Consultant in the completion of
the Services, (5) the cost to the City, including without limitation reasonable attorneys’ fees, of
correcting any of the matters stated in this Section or exercising any one or more of the City’s
remedies set forth in Section 8.3 of this Master Contract. The City will notify the Consultant in
writing given in accordance with Section 9.10 of this Master Contract of the City’s determination
to deduct and withhold funds, which notice will state with specificity the amount of, and reason or
reasons for, such deduction and withholding.
2.6 Use of Deducted Funds. The City will be entitled to retain any and all amounts
withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations
in question or has furnished security for that performance satisfactory to the City. The City will be
entitled to apply any money withheld or any other money due to the Consultant to reimburse itself
for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, and
reasonable attorneys’ fees (collectively “Costs”) incurred, suffered, or sustained by the City and
chargeable to the Consultant under this Contract.
2.7 Keeping Books and Accounts. The Consultant must keep accounts, books, and
other records of all its billable charges and costs incurred in performing Services in accordance
with generally accepted accounting practices, consistently applied, and in such manner as to permit
verification of all entries. The Consultant must make all such material available for inspection by
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the City, at the office of the Consultant during normal business hours during the Term and for a
period of five years after termination of this Master Contract. Copies of such material must be
furnished to the City at the City’s request and expense.
ARTICLE 3. PERFORMANCE OF PROJECT AND SERVICES
3.1 Standard of Performance. standard of care for all professional engineering and
related services performed or furnished by Engineer under this Contract will be the care and skill
ordinarily used by members of the subject profession practicing under similar circumstances at the
same time and in the same locality (the “Standard of Performance”). No disclaimer of warranties
shall limit or otherwise alter Engineer’s duty to complete the work consistent with the Standard of
Performance. All must conform to the requirements of this Master Contract and applicable Task
Order and must be performed in accordance with the Standard of Performance. The Consultant is
fully and solely responsible for the quality, technical accuracy, completeness, and coordination of
all Services, unless specifically provided otherwise in a Task Order. All plans and other documents
furnished by the Consultant shall be endorsed and stamped with professional seals when such seals
are required by law.
3.2 Correction of Defects. The Consultant must provide, for no additional
Compensation and at no separate expense to the City, all work required to correct any defects or
deficiencies in the performance of Services, regardless of whether the defect or deficiency relates
to the work of the Consultant or of the Consultant’s sub-consultants or suppliers, so long as that
notice of the defects is given by the City to the Consultant within two years after completion of
the Services.
3.3 Risk of Loss. The Consultant bears the risk of loss in providing all Services. The
City is not obligated to pay Consultant for Out of Scope Work which was performed without prior
written approval from the City Council. Out of Scope Work means work, services, or items not
provided in a Task Order or in exceedance of Task Order Services The Consultant is responsible
for any and all damages to property or persons caused by any Consultant error, omission, or
negligent act and for any losses or costs to repair or remedy any work undertaken by the City based
on the Services as a result of any such error, omission, or negligent act. Notwithstanding any other
provision of this Master Contract or any Task Order, the Consultant’s obligations under this
Section 3.3 exist without regard to, and may not be construed to be waived by, the availability or
unavailability of any insurance covering such damages, losses, or costs.
3.4 Opinions of Probable Cost. The Parties recognize that neither the Consultant nor
the City has control over the costs of labor, materials, equipment, or services furnished by others
or over competitive bidding, market or negotiating conditions, or construction contractors’
methods of determining their prices. Accordingly, any opinions of probable costs provided under
this Master Contract or a Task Order are considered to be estimates only, made on the basis of the
Consultant’s experience and qualifications, and those opinions represent the Consultant’s best
judgment as an experienced and qualified professional, familiar with the industry. The Consultant
does not guaranty that proposals, bids, or actual costs will not vary from the opinions prepared by
the Consultant.
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3.5 Responsibility for Work by Contractors. Except as provided in a Task Order, and
subject to the next sentence of this Section 3.5, the Consultant is not responsible for a contractor’s
construction means, methods, techniques, sequences or procedures, time of performance,
compliance with law, or safety precautions and programs, and the Consultant does not guarantee
the performance of a contractor. Nothing in the previous sentence may be construed or applied to
limit the responsibility of the Consultant to properly perform, or the liability of the Consultant for
failure to properly perform, all of the Services required by the Consultant under this Master
Contract or a Task Order, which Services may include contract and work oversight, inspections of
work performed by a contractor, contract compliance services, and similar services.
3.6 City Responsibilities. Except as provided in this Master Contract or in a Task
Order, the City, at its sole cost and expense, will have the following responsibilities:
(a) To designate a person with authority to act as the City’s representative on each
Project. In the absence of a written designation, the City’s representative will be the City’s Director
of Public Works and Engineering. The City’s representative will have the authority to act on behalf
of the City as provided in a Task Order, except on matters that require approval of the City Council.
(b) To provide to the Consultant all criteria and information about the requirements
for a Project or Services, including, as relevant, the City’s objectives and constraints, schedule,
space, capacity and performance requirements, and budgetary limitations.
(c) To provide to the Consultant existing studies, reports, and other available data
relevant to a Project.
(d) To arrange for access to, and make provisions for the Consultant to enter on,
public and private property as reasonably required for a Project.
(e) To provide, as relevant, surveys describing physical characteristics, legal
limitations, and utility locations for a Project and the services of other consultants when the
services of other consultants are requested by the Consultant and are necessary for the performance
of the Services.
(f) To provide structural, mechanical, chemical, air and water tests, tests for
hazardous materials, and other laboratory and environmental tests, inspections, and reports
required by law to be provided by the City in connection with a Project, except the extent such
tests, inspections, or reports are part of the Services.
(g) To review reports, documents, data, and all other information presented by the
Consultant as appropriate.
(h) To provide approvals from all governmental authorities having jurisdiction over a
Project when requested by the Consultant, except the extent such approvals are part of the Services.
(i) To provide, except as provided under Article 5 and Article 6 of this Master
Contract, all accounting, insurance, and legal services as may be necessary from time to time in
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the judgment of the City to protect the City’s interests with respect to a Project.
(j) To attend Project-related meetings.
(k) To give prompt written notice to the Consultant whenever the City observes or
otherwise becomes aware of any development that affects the scope or timing of Services, except
that the inability or failure of the City to give any such a notice will not relieve the Consultant of
any of its responsibilities under this Master Contract or any Task Order.
3.7 Information Supplied by Owner and Others. The Consultant may use and rely
upon all written requirements and instructions furnished by the City, and all reports, data, and other
information provided by others and furnished to the Consultant by the City, subject to the Standard
of Performance set forth in paragraph 3.1 of this Contract and to any express limitations or
reservations applicable to the furnished items. The Consultant shall notify the City in the event the
Consultant is aware that supplied information is incomplete, inaccurate, questionable, or
contradicted by other information available to the Consultant. The City makes no representations
or warranties with respect to the sufficiency of any documents, information or opinions provided
to the City by third parties.
3.8 Time of Performance. Consultant shall perform Services within the times set forth
in the Task Order, and if no time limit is stated, with reasonable diligence and expediency
consistent with sound professional practices. Time of performance is a material term of this
Contract.
3.9 Suspension of Services, Project. The City, at any time and for any reason, may
suspend work on any or all Services or Project by issuing a written work suspension notice to the
Consultant. The Consultant must stop the performance of all Services within the scope of the
suspension notice until the City directs the Consultant in writing to resume performance. In the
event Consultant’s services under a Task Order are suspended for a period exceeding five (5)
business days, Consultant’s time for performance shall be equitably adjusted.
ARTICLE 4. TASK CHANGE ORDERS; DELAYS
4.1 Task Change Orders. The City, from time to time, may issue a written order
modifying or otherwise changing the scope of the Services included in a Task Order (a “Task
Change Order”) provided, however, that any Task Change Order in an amount exceeding $10,000
must be approved by the City Council. The Task Change Order will be generally in the form
attached to and by this reference incorporated into this Master Contract as Attachment C. The
Consultant may request a Task Change Order based on a material change to a Project or any
Services required as part of a Project. A Task Change Order may include additions to and deletions
from the Services and will include any equitable increases or decreases to the Compensation for
the Project.
4.2 Revision Notices. Within 10 days after the date of a Task Change Order, and in
any event before the Consultant begins work on any changed Services, the Consultant must notify
the City in writing if the Consultant desires a revision to the Task Change Order (a “Revision
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Notice”). The Revision Notice must clearly state the Consultant’s requested revisions and the
reasons for the revisions. If the City agrees to any revision, then the City will issue a revised Task
Change Order in a form acceptable to the Parties. If the Consultant does not submit a Revision
Notice within the 10-day period, then the Consultant will be deemed to have accepted the Task
Change Order and the Task Change Order will be final.
4.3 Disagreements over Task Change Order Terms. If the City and the Consultant
cannot agree on proposed revisions to the terms of a Task Change Order, then the Consultant
must proceed diligently with the revised Services as directed by City pending resolution of the
disagreement. The Consultant will be compensated equitably for the work the Consultant
undertakes during the disagreement resolution process.
4.4 No Change in Absence of Task Change Order. No claim for an adjustment in
Compensation or Project Schedule will be made or allowed unless it is embodied in a Task Change
Order signed by the City and the Consultant. If the Consultant believes it is entitled to an
adjustment in the Compensation or Project Schedule terms that has not been included, or fully
included, in a Task Change Order, then the Consultant may submit to the City a written request
for the issuance of, or revision of, a Task Change Order including the desired adjustment. The
Consultant’s request must be submitted before the Consultant proceeds with any Services for
which an adjustment is desired.
4.5 Delays. If a delay in providing Services results from one or more causes that could
not be avoided or controlled by the Consultant, then the Consultant may be entitled to an extension
of the Project Schedule for a period of time equal to that delay, or an adjustment in Compensation
for extra costs related to the delay, or both. The Consultant must notify the City in writing within
10 days after Consultant first knows or should know of the delay and again in writing within 10
days after the delay has ended (the “Delay Period”). The first notice must state the cause or causes
of the delay and the impact of the delay on providing Services. The second notice must state the
cause or causes of the delay, the length of the day, the reasons why the delay disrupted performance
of the Services and the Consultant’s request, if any, for a change in Compensation or Project
Schedule. If the Consultant fails to submit notices as provided in this Section 4.5, then the
Consultant will be deemed to have waived any right to an adjustment in Compensation for the
Services.
ARTICLE 5. INSURANCE
5.1 Insurance. The Consultant must procure and maintain, for the duration of this
Master Contract, insurance as provided in this Article 5.
5.2 Scope of Coverage.
(a) Commercial General Liability. Insurance Services Office Commercial General
Liability occurrence form CG 0001, on a form at least as broad as the attached sample endorsement
including ISO Additional Insured Endorsement CG 2010 (Exhibit A), CG 2026 (Exhibit B).
(b) Automobile Liability. Insurance Service Office Business Auto Liability coverage
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form number CA 0001, Symbol 01 “Any Auto.”
(c) Professional Liability. Coverage for injury or damage arising out of negligent acts,
errors, or omissions in providing professional services.
(d) Workers’ Compensation and Employers’ Liability. Workers’ Compensation as
required by the Workers’ Compensation Act of the State of Illinois and Employers’ Liability
insurance.
5.3 Minimum Limits of Coverage.
(a) Commercial General Liability. $1,000,000 combined single limit per occurrence
for bodily injury and for property damage and $1,000,000 per occurrence for personal injury. The
general aggregate must be twice the required occurrence limit. Minimum General Aggregate must
be no less than $2,000,000 or a project-contract specific aggregate of $1,000,000.
(b) Business Automobile Liability. $1,000,000 combined single limit per accident for
bodily injury and property damage.
(c) Workers’ Compensation and Employers’ Liability. Workers’ Compensation
Coverage with statutory limits and Employers’ Liability limits of $500,000 per accident.
(d) Professional Liability. $1,000,000 each claim with respect to negligent acts,
errors, and omissions in connection with all professional services to be provided under this Master
Contract and any Task Order, with a deductible not-to-exceed $300,000 without prior written
approval.
5.4 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City. At the option of the City, the insurer must reduce
or eliminate such deductibles or self-insured retentions with respect to the City and its officials,
employees, and representatives. This provision does not apply to Paragraph 5.3(d) above.
5.5 Additional Requirements. The insurance policies must contain, or be endorsed to
contain, the following provisions:
(a) Commercial General Liability and Automobile Liability Coverage. The City and
its officials, employees, and representatives must be covered as additional insureds as respects:
liability arising out of the Consultant’s work, including without limitation activities performed by
or on behalf of the Consultant and automobiles owned, leased, hired, or borrowed by the
Consultant. Coverage must contain no special limitations on the scope of protection afforded to
the City or its officials, employees, and representatives.
(b) Primary Coverage. The insurance coverage must be primary with respect to the
City and its officials, employees, and representatives. Any insurance or self-insurance maintained
by the City and its officials, employees, and representatives will be excess of the Consultant’s
insurance and will not contribute with it.
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(c) Severability of Interests/Cross Liability. The insurance must contain a
Severability of Interests/Cross Liability clause or language stating that the insurance will apply
separately to each insured against whom claim is made or suit is brought, except with respect to
the limits of the insurer’s ability. Failure of the Named Insured to comply with the reporting
requirements of any policy shall not impact coverage to the City as an additional insured.
(d) Umbrella Policies. If any commercial general liability insurance is being provided
under an excess or umbrella liability policy that does not “follow form,” then the Consultant must
name the City and its officials, employees, and representatives as additional insureds under the
umbrella policy.
(e) Occurrence Form. All general liability coverage must be provided on an
occurrence policy form. Claims-made general liability policies are not acceptable.
(f) Workers’ Compensation and Employers’ Liability Coverage. The insurer must
agree to waive all rights of subrogation against the City and its officials, employees, and
representatives for losses arising from work performed by the Consultant.
(g) Professional Liability. If the policy is written on a claims-made form, the
retroactive date must be equal to or preceding the Effective Date of this Master Contract. If the
policy is cancelled, non-renewed, or switched to an occurrence form, then the Consultant must
purchase supplemental extending reporting period coverage for a period of not less than three
years.
(h) All Coverage. Each insurance policy required by this clause must be endorsed to
state that coverage will not be suspended, voided, cancelled, or reduced in coverage or in limits
except after 30 days prior written notice to the City by certified mail, return receipt requested.
(i) Waiver of Limitation. The Consultant hereby agrees to waive any limitation as to
the amount of contribution recoverable against it by the City. This specifically includes any
limitation imposed by any state statute, regulation, or case law including any Workers’
Compensation Act provision that applies a limitation to the amount recoverable in contribution.
Each sub-consultant also must agree to this waiver.
5.6 Verification of Coverage. The Consultant must furnish the City with certificates of
insurance naming the City and its officials, employees, and representatives as additional insureds
as required by this Contract and with original endorsements affecting coverage required by this
Article 5. The certificates and endorsements for each insurance policy must be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may
be on forms provided by the City and in any event must be received and approved by the City
before any work commences. Other additional-insured endorsements may be utilized if they
provide a scope of coverage at least as broad as the coverage stated on the ISO Additional Insured
Endorsements CG 2010 or CG 2026. The City reserves the right to request a full certified copy of
each insurance policy and endorsement required by this Contract.
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5.7 Sub-Consultants and Suppliers. The Consultant must include all sub-consultants as
insureds under its policies or must furnish separate certificates and endorsements for each
subcontractor. All coverage for subcontractors is subject to all of the requirements stated in this
Article 5, except its professional liability policy.
5.8 Acceptability of Insurers. Unless specifically approved in writing in advance by the
City, all insurance must be placed with insurers with a Best’s rating of no less than A-, VII. All
insurers must be licensed to do business in the State of Illinois.
ARTICLE 6. INDEMNIFICATION
6.1 Duty to Indemnify. To the fullest extent permitted by law, the Consultant hereby
agrees to indemnify, defend, and hold harmless the City and its officials, employees, agents, and
representatives (collectively the “Indemnified Parties”) as follows:
(a) From and against damages, liabilities, losses, costs, and expenses, but only to the
extent caused by the acts, errors, or omissions of the Consultant, or of those for whom the
Consultant is legally liable, which arise out of the Consultant’s performance of its professional
services under this agreement; and
(b) Against all damages, costs, and expenses, including attorney fees incurred by the
City for any failure by the Consultant to comply with insurance requirements under this Contract
or the reporting provisions of any Consultant insurance policy adversely affecting coverage
provided to the indemnified parties.
6.2 Notice of Claim to Consultant. The City must provide notice of a Claim to the
Consultant within 30 business days after the City acquires knowledge of that Claim.
6.3 No Limit Based on Insurance. The Consultant expressly acknowledges and agrees
that any performance bond or insurance policy required by this Contract, or otherwise provided by
the Consultant, will in no way limit the responsibility to indemnify and defend the Indemnified
Parties or any one of them, nor will it limit the scope of indemnification required under this Master
Contract.
6.4 Withholding Payment. To the extent that any payment is due to the Consultant
under this Contract, the City may withhold that payment to protect itself against any loss until all
claims, suits, or judgments have been settled or discharged and evidence to that effect has been
furnished to the satisfaction of the City.
6.5 Limit on Duty to Indemnify. The Consultant is not required to indemnify an
Indemnified Party to the extent a Claim resulted primarily from the negligence or willful
misconduct of the Indemnified Party.
ARTICLE 7. DISPUTES
7.1 Notice. Except as otherwise provided in this Contract, Consultant must and the City
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may bring any dispute concerning the performance of Services under this Contract or a Task Order
to the attention of the Director of Public Works, who shall arrange for the parties to meet and
engage in good faith negotiations for the resolution of that dispute. If the parties cannot reach a
mutually agreed resolution, the Director of Public Works shall issue a determination of the dispute
which is final and binding, subject to judicial review.
7.2 Jurisdiction. If any action is brought by Consultant against the City concerning this
Contract or any Task Order, the action must be brought only in those courts located within the
County of McHenry, State of Illinois. Consultant irrevocably submits itself to the original
jurisdiction of those courts located within the County of McHenry, State of Illinois, with regard to
any controversy arising out of, relating to, or in any way concerning the execution or performance
of this Contract or any Task Order. Service of process on Consultant may be made by registered
or certified mail addressed to Illinois Corporation Service Company located at 801 Adlai
Stevenson Drive, Springfield, Il 62703.
7.3 Arbitration; Mediation. The parties may agree to mediate or arbitrate any dispute
between the City and the Consultant related to this Master Contract or a Task Order.
7.4 Performance of Services. During any dispute resolution process, the Consultant
must proceed diligently with the performance of Services.
ARTICLE 8. TERMINATION
8.1 Master Contract is At-Will. This Master Contract is at-will and may be terminated
by the City at any time at the City’s convenience, without reason or cause, upon seven (7) days
written notice to the Consultant. If the City terminates this Master Contract without reason or
cause, then the Consultant will be entitled to Compensation for all Service performed by the
Consultant up to the date of termination. The Consultant is not entitled to compensation of any
kind, including without limitation for lost profit, for any Services not performed by the Consultant.
8.2 Termination by City for Breach. The City at any time, by written notice, may
terminate this Master Contract and any Task Order on account of breach by the Consultant and
failure of the Consultant to cure the breach within 10 days after that written notice or such further
time as the City may agree, in the City’s sole discretion, in response to a written notice from the
Consultant seeking additional time to cure. “Breach” by the Consultant includes (a) failure of the
Consultant to adhere to any terms or conditions of this Master Contract or any Task Order, (b)
failure of the Consultant to properly perform Services, (c) or failure of the Consultant to maintain
progress in the performance of Services so as to endanger proper performance of the Project within
the Project Schedule, (d) failure of the Consultant to have or maintain adequate financial or legal
capacity to properly complete a Project or any Services.
8.3 City Remedies. If the City terminates this Master Contract or any Task Order for
Breach by the Consultant, then the City retains the right to pursue any and all other legal and
equitable remedies law or equity. The City may recover from the Consultant any and all reasonable
attorneys’ fees incurred by the City as the direct result of a Breach of a Task Order and may
withhold outstanding Compensation due under the breached Task Order to reimburse itself or pay
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for any and all costs, including without limitation reasonable attorneys’ fees, incurred by the City
as the result of a Breach of that Task Order
8.4 Termination for Convenience. If, after termination of this Master Contract by the
City for breach, it is determined that the Consultant was not in breach or that the termination
otherwise was irregular or improper, then the termination shall be deemed to have been made for
the convenience of the City under Section 8.1 of this Master Contract.
8.5 Termination by Consultant for Breach. The Consultant at any time, by written
notice, terminate this Master Contract on account of failure by the City to properly pay the
Consultant and failure of the City to cure the breach within 10 days after that written notice or such
further time as the Consultant may agree, in the Consultant’s sole discretion, in response to a
written notice from the City seeking additional time to cure.
8.6 Termination by Consultant without Cause. The Consultant may terminate this
Master Contract without cause on 30 days written notice to the City, except that no such
termination will become effective until after the Consultant has completed, and the City has
approved and accepted, all Projects for which Task Orders have been issued and all Services
related to those Projects.
ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS
9.1 Consultant as Independent Consultant. For purposes of this Contract, the
Consultant is an independent consultant and is not, and may not be construed or deemed to be an
employee, agent, or joint venturer of the City.
9.2 Compliance with Laws; Communications with Regulators. The Consultant must
comply with all statutes, ordinances, codes, and regulations applicable to the Services. Except to
the extent expressly set forth in this Master Contract or a Task Order, the Consultant may not
communicate directly with applicable governmental regulatory agencies with regard to Services
without prior express authorization from the City. The Consultant must direct inquiries from
governmental regulatory agencies to the City for appropriate response.
9.3 Consultant Payments; Waivers of Liens. The Consultant must pay promptly for all
services, labor, materials, and equipment used or employed by the Consultant in the performance
of any Services and must not cause any materials, equipment, structures, buildings, premises, and
property of the City to be impressed with any mechanic’s lien or other liens. The Consultant, if
requested, must provide the City with reasonable evidence that all services, labor, materials, and
equipment have been paid in full and with waivers of lien as appropriate.
9.4 Permits and Licenses. Unless otherwise provided in a Task Order, the Consultant
must obtain and pay for all permits and licenses, registrations, qualifications, and other
governmental authorizations required by law that are associated with the Consultant’s performance
of Services.
9.5 Safety; Hazardous Materials.
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(a) Protection of Health, Environment. The Consultant’s personnel must be
experienced and properly trained to perform the Services and must take adequate precautions to
protect human health and the environment in the performance of Services.
(b) Hazardous Materials. The Consultant acknowledges that there may be hazardous
substances, wastes, or materials as defined by applicable Law (“Hazardous Materials”) at a Project
site or otherwise associated with Services, and the Consultant under those circumstances must take
appropriate precautions to protect its employees, sub-consultants, and suppliers.
(c) Notice of Conditions; Suspension of Services. In the event that the Consultant
observes a potentially hazardous condition relating to the Services or encounters any hazardous or
toxic material at the job site, it shall immediately notify the City in writing. Upon written notice
to the City, Consultant may suspend its operations on site until receipt of written notice by the City
that the hazardous or toxic materials have been eliminated.
9.6 Intellectual Property. The Consultant may not infringe on any intellectual property
(including but not limited to patents, trademarks, or copyrights) (collectively “Intellectual
Property”) in the performance of Services. If ever the Consultant infringes on any Intellectual
Property, then, in addition to the Consultant’s obligations to indemnify Indemnified Parties under
this Master Contract, the Consultant also, at the sole discretion of the City and at the Consultant’s
sole expense (a) procure for the City the right to continue using the infringing subject matter, or
(b) replace or modify the infringing subject matter so that it becomes non-infringing but still
complies with the requirements of this Master Contract and the relevant Task Order, or (c)
reimburse the City for all payments made to the Consultant relating to or impacted by the infringing
material and all costs incurred by City resulting from such infringement.
9.7 Confidential Information. All information and data disclosed by the City and
developed or obtained under this Master Contract must be treated by the Consultant as proprietary
and confidential information (“Confidential Information”). The Consultant must not disclose
Confidential Information without the City’s prior written consent. No person may use Confidential
Information for any purpose other than for the proper performance of Services. The obligations
under this Section 9.7 does not apply to Confidential Information that is (i) in the public domain
without breach of this Contract, (ii) developed by the Consultant independently from this Master
Contract, (iii) received by the Consultant on a non-confidential basis from others who had a right
to disclose the information, or (iv) required by law to be disclosed, but only after prior written
notice has been received by City and City has had a reasonable opportunity to protect disclosure
of the Confidential Information. The Consultant must ensure that the foregoing obligations of
confidentiality and use extend to and bind the Consultant’s sub-consultants and suppliers.
9.8 Ownership of Data and Documents. All deliverables, data and information,
regardless of its format, developed or obtained under this Master Contract (collectively “Data”),
other than the Consultant’s confidential information, will be and remain the sole property of the
City. The Consultant must promptly deliver all Data to the City at the City’s request. The
Consultant is responsible for the care and protection of the Data until that delivery. The Consultant
may retain one copy of the Data for the Consultant’s records subject to the Consultant’s continued
compliance with the provisions of this Article. The City will not reuse the Data to build other
projects without the written consent of the Consultant.
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City of McHenry Master Services Contract HRG ver 042622 14
9.9 Copyrights and Patents. The Consultant agrees not to assert, or to allow persons
performing under the Consultant’s control to assert, any rights to Data or establish any claim under
design, patent, or copyright laws. It is expressly agreed that all copyrightable or patentable Data
produced as part of Services has been specifically commissioned by the City and is considered
“work for hire,” and that all copyrightable and other proprietary rights in that Data will vest solely
in the City. Further, the Consultant agrees that all rights under copyright and patent laws under
this Master Contract belong to the City. The Consultant hereby assigns any and all rights, title, and
interests under copyright, trademark, and patent law to the City and agrees to assist the City in
perfecting the same at the City’s expense.
9.10 Notices. Any notice or communication required by this Master Contract will be
deemed sufficiently given if in writing and when delivered personally or upon receipt of registered
or certified mail, postage prepaid, with the U.S. Postal Service and addressed as follows:
If to the City: with a copy to:
City of McHenry Zukowski, Rogers, Flood & McArdle
Public Works and Engineering Department 50 Virginia Street
1415 Industrial Drive Crystal Lake, IL 60014
McHenry, Illinois 60050 Attn: David McArdle
Attn: Director of Public Works and Engineering
If to the Consultant: with a copy to:
or to such other address as the party to whom notice is to be given has furnished in writing.
9.11 No Waiver by City. No act, order, approval, acceptance, or payment by the City,
nor any delay by the City in exercising any right under this Master Contract, will constitute or be
deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming, or
incomplete Services or operate to waive any requirement or provision of this Master Contract or
any remedy, power, or right of the City.
9.12 No Third-Party Beneficiaries. This Master Contract is for the benefit of the City
and the Consultant only and there can be no valid claim made or held against the City or the
Consultant by any third party to be a beneficiary under this Master Contract.
9.13 Survival of Terms. Termination will not affect accrued rights, indemnities, existing
commitments, or any contractual provision intended to survive termination and will be without
penalty or other additional payment. Any right or obligation of the parties in this Contract which,
by its express terms or nature and context is intended to survive termination or expiration of this
Contract, will survive any such termination or expiration.
9.14 Assignments. The Consultant may not assign or transfer any term, obligation, right,
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City of McHenry Master Services Contract HRG ver 042622 15
or other aspect of this Master Contract without the prior express written consent of the City. If any
aspect of this Master Contract is assigned or transferred, then the Consultant will remain
responsible to the City for the proper performance of the Consultant’s obligations under this
Master Contract. The terms and conditions of any agreement by the Consultant to assign or transfer
this Master Contract must include terms requiring the assignee or transferee to fully comply with
this Master Contract unless otherwise authorized in writing by the City.
9.15 Amendments. This Master Contract may be amended only in writing executed by
the City and the Consultant.
9.16 Governing Law. The validity, construction, and performance of this Master
Contract and all disputes between the parties arising out of or related to this Contract will be
governed by the laws of the State of Illinois without regard to choice or conflict of law rules or
regulations.
9.17 Compliance with Laws, Grant Regulations. All Services must be provided,
performed, and completed in accordance with all required governmental permits, licenses, or other
approvals and authorizations, and with applicable statutes, ordinances, rules, and regulations. The
Consultant also must comply with applicable conditions of any federal, state, or local grant
received by the City with respect to this Master Contract or any Task Order. The Consultant will
be solely responsible for any fines or penalties that may be imposed or incurred by a governmental
agency with jurisdiction over the Services as a result of the Consultant's failure to perform any
Services in accordance with the Standard of Performance set forth in paragraph 3.1.
9.18 Representation of No Conflicts. The Consultant represents that (1) no City
employee or agent is interested in the business of the Consultant or this Master Contract, (2) as of
the Effective Date neither the Consultant nor any person employed or associated with the
Consultant has any interest that would conflict in any manner or degree with the performance of
the obligations under this Master Contract, and (3) neither the Consultant nor any person employed
by or associated with the Consultant may at any time during the Term obtain or acquire any interest
that would conflict in any manner or degree with the performance of the obligations under this
Master Contract.
9.19 No Collusion. The Consultant represents that the Consultant is not banned from
contracting with a unit of state or local government as a result of (1) a delinquency in the payment
of any tax administered by the Illinois Department of Revenue unless the Consultant is properly
contesting its liability for the tax or the amount of the tax or (2) a violation of either Section 33E-
3 or Section 33E-4 or A1ticle 33E of the Criminal Code of 1961, 720 ILCS 5/22E-1 et seq. The
Consultant represents that the only persons, firms, or corporations interested in this Contract as
principals are those disclosed to the City prior to the execution of this Master Contract and that
this Master Contract is made without collusion with any other person, firm, or corporation.
WHEREFORE, the City and the Consultant have caused this Master Contract to be
executed by their duly authorized representatives as of the Effective Date.
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City of McHenry Master Services Contract HRG ver 042622 17
ATTACHMENT A
TASK ORDER
In accordance with Section 1.2 of the Master Contract dated ___________, 20___ between the
City of McHenry (the “City”) and [CONSULTANT]. (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]
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City of McHenry Master Services Contract HRG ver 042622 18
CITY CONSULTANT
Signature Signature
Director of Public Works
And Engineering
Printed Name
, 20 , 20
Date Date
If greater than, $2,500 the City Manager’s signature is required.
Signature
City Manager
, 20 Date
If compensation greater than $25,000, 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
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City of McHenry Master Services Contract ver111721 19
SAMPLE – TO BE SUPPLIED BY EACH ENGINEERING FIRM
ATTACHMENT B
PRICING SCHEDULE
[CONSULTANT]
Billing Rate Schedule Effective January 1, 2022
Professional Services
Billing Rate Range
Principal
Senior Professional
Professional
Junior Professional
Senior Technician
Technician
Senior Field Personnel
Field Personnel
Junior Field Personnel
Administrative Coordinator
Administrative
Corporate Admin
Operators/Interns
Reimbursable Expenses
1. All materials and supplies used in the performance of work on this project will be billed at
cost plus 10%.
2. Auto mileage will be charged per the standard mileage reimbursement rate established by
the Internal Revenue Service. Survey and construction vehicle mileage will be charged on
the basis of $0.__ per mile or $______ per day.
3. Charges for sub-consultants will be billed at their invoice cost plus 10%.
4. All other direct expenses will be invoiced at cost plus 10%.
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Task Change Order: Task Number ____
City of McHenry Master Services Contract ver111721
ATTACHMENT C
TASK CHANGE ORDER FOR TASK NUMBER
In accordance with Section 4.1 of the Master Contract dated ____________, 20 ___ between
the City of McHenry (the “City”) and [CONSULTANT] (the “Consultant”), the Parties agree
to the following Task Change Order for Task Number _____:
1. Change in Contracted Services:
2. Change in Project Schedule (attach schedule if appropriate):
3. Change in Project Completion Date:
All Contracted Services must be completed on or before , 20
4. Change in Compensation:
5. Change in Project Specific Pricing (if applicable).
ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN
UNCHANGED
[signature page follows]
79
Task Change Order: Task Number ____
City of McHenry Master Services Contract ver111721
CITY CONSULTANT
Signature Signature
Director of Public Works
And Engineering
Printed Name
, 20 , 20
Date Date
If compensation increase greater than $2,500, then the City Manager’s signature is required.
Signature
City Manager
, 20 Date
If compensation greater than $25,000, 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
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MEMORANDUM
Date: May 5, 2022
To: Troy Strange, Director of Public Works
From: Regan Shepley
Re: Negotiated Revisions to City’s Master Services Contract with HR Green
HR Green submitted its Statement of Qualifications in response to the City of McHenry’s 2022-2026
Request for Qualifications for Engineering Services. On March 23, 2022, HR Green was notified that it
was selected as one of five consultants for future engineering work with the City of McHenry and was
provided with an execution copy of the City’s Master Services Contract, the City’s standard contract
document which was attached to the RFQ.
The City’s Master Services Contract is comprised of the City’s standard terms and conditions that apply
to every project assigned to a selected pre-qualified engineering firm. Projects are assigned to a pre-
qualified firm through the issuance of a Task Order. The Task Order provides expressly or by
incorporation, all project-specific terms, including scope, price and any other project related terms and
specifications. Task Order terms are anticipated to vary, the substantive Master Services Contract terms
are expected to be consistent. If a Master Services Contract term change is warranted due to the nature
of the particular Task Order Services, such a change would be made on the particular Task Order.
Whereas four of the five selected consultants executed the City’s standard form without substantive
changes, on March 30th, HR Green proposed numerous, substantive revisions to the City’s Master
Service Contract. Following a period of negotiation, the City and HR Green agreed to several revisions to
the Master Services Contract which are detailed below. Because the substantive nature of the changes
will make administration of the HRG agreement different from that of the other selected firms, we are
suggesting that the HRG Master Services Contract be submitted to the City Council for approval.
The substantive revisions to the HRG Master Services Contract are as follows:
1.2, Task Order, was revised to limit the dollar amount of a Task Order to $300,000 and to
prohibit stringing Task Orders (multiple task orders on a single project to avoid the dollar
amount cap).
1.7, Financial Ability to Perform, was revised to expand HRG representation of its abilities to
include the italicized words: “knowledge, skill, experience, and competence”.
3.1, Standard of Performance, was revised significantly, however, the resulting standard is the
legal standard and retains the terms favorable to the City.
3.3, Risk of Loss, was revised to add language placing the risk on HR Green of nonpayment for
extra services performed without prior written approval.
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2
3.7, Information Supplied by Owner/Others, was revised to adjust the terms of HR Green
responsibilities and rights regarding use of such information.
3.8, Time of Performance, was revised to clarify HRG’s responsibility to timely complete Task
Order Services.
3.9, Suspension of Services, was revised to provide for a time extension for performance where
services are suspended by the City.
4.3, Disagreements re Task Orders/changes, was revised to remove reference to the dispute
resolution process (which was deleted, see below).
4.4, Delay, was revised to clarify HR Green’s obligation to notify the City of delays.
Article 5, Insurance, was revised to remove the City’s option to require a bond to cover high
deductibles. Additional revisions were made adjust the requirements for insurance claim
reporting and insurer ratings.
Article 6, Indemnification, was revised and reformatted. The revisions combined HRG’s
indemnification obligations into a single duty without reference to insurance or the type of
claim.
Article 7, Dispute Resolution, was revised to eliminate binding arbitration and mediation,
although the parties can mutually agree to arbitrate or mediate.
Article 8 was revised and reformatted. Revisions included reducing the remedies available to the
City for a breach by HR Green of the Master Services Contract or a Task Order. The City’s rights
to recover attorneys fees and to withhold funds due on a breached Task Order were retained, as
was the general right to pursue all available legal and equitable remedies.
8.2, Termination by City, was revised to require a 7-day notice.
9.5, Safety/Hazardous Materials, was revised to clarify HR Green’s obligations and rights in the
event hazardous conditions are discovered at the work site.
9.8, Ownership of deliverables/documents, was revised. As written, it provides for City
ownership of all deliverables and documents for the project; the revision restricted the City’s
reuse of such information to build new projects.
9.17, Compliance with Laws, was revised to adjust the liability of HR Green for noncompliance
with laws or the professional standard of care.
All the revisions to the standard form Master Services Contract were reviewed and approved by HR
Green and the City Attorney.
.
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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 16, 2022
TO: Mayor and City Council
FROM: Troy Strange, P.E., Director of Public Works
RE: 2022 Fire Hydrant Painting Program, Contract Award
ATT: Bid Tabulation
Agreement Acceptance Form
GO Painting Submitted Bid
______________________________________________________________________________
AGENDA ITEM SUMMARY:
Staff requests City Council to consider awarding the 2022 Hydrant Painting Program contract to
GO Painters, Inc of Maywood, Illinois.
BACKGROUND:
The City of McHenry owns and operates a public water system which includes approximately
1,500 fire hydrants. On an annual basis, the Public Works Department attempts to sandblast and
paint approximately 20% of these hydrants to keep them on a 5-year painting rotation. This
painting allows for maintenance of hydrant to address weathering and corrosion issues , as well
as maintain their visibility for quick access by the local Fire D epartment.
In years past this painting process has been self-performed. However, due to staffing limitations
and risk management concerns related to OSHA respiratory protection requirements, staff is
recommending that this operation be subcontracted. Funding for this program is included in the
contractual services portion of the Water Division operating budget (Account 510-31-5110).
Earlier this year, the City of McHenry lead a joint bidding process with other local partners
including: the City of Crystal Lake, the Village of Lakewood, and the Huntley School District. The
City of McHenry acted as lead agency by coordinating the preparation of bid specifications and
performing bidding services. The proposal requested three-year pricing, which is shown on the
attached bid tabulation.
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ANALYSIS:
Sealed bids for 2022 Fire Hydrant Painting Program were received on April 20, 2022. The bid
quantity was 325 hydrants each and contractors provided a per each unit price. The City of
McHenry results are listed below:
• GO Painters, Inc. $31,850.00 ($98.00/Hydrant)
• Muscat Painting and Decorating $35,028.50 ($107.78/Hydrant)
RECOMMENDATION:
Therefore, if Council concurs, it is recommended to approve the bid award for the 2022 Hydrant
Painting Program contract to GO Painters, Inc. of Maywood, Illinois in the amount of
$31,850.00 (actual amount may vary based on final measured quantities). This program will
be funded through the Water Division Contractual Account (510-31-5110).
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City of McHenry TABULATION OF BIDS
Department of Public Works
1415 Industrial Drive Project:MCMPI Hydrant Painting Program (2022-2024)
McHenry, IL 60050 Proposal Opening: Wednesday, April 20, 2022, 10:00 AM
815-363-2186
Name of Bidder:
Address of Bidder:
Proposal Guarantee:Bid Bond Bid Bond
City of McHenry Item Unit Quanity Unit Price Total Unit Price Total
Year 1 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 325 $ 98.00 $ 31,850.00 $ 107.78 $ 35,028.50
Year 2 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 325 $ 102.00 $ 33,150.00 $ 112.94 $ 36,705.50
Year 3 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 325 $ 107.00 $ 34,775.00 $ 118.99 $ 38,671.75
$ 99,775.00 $ 110,405.75
City of Crystal Lake Item Unit Quanity Unit Price Total Unit Price Total
Year 1 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 400 $ 98.00 $ 39,200.00 $ 107.78 $ 43,112.00
Year 2 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 400 $ 102.00 $ 40,800.00 $ 112.94 $ 45,176.00
Year 3 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 400 $ 107.00 $ 42,800.00 $ 118.99 $ 47,596.00
$ 122,800.00 $ 135,884.00
Village of Lakewood Item Unit Quanity Unit Price Total Unit Price Total
Year 1 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 75 $ 98.00 $ 7,350.00 $ 107.78 $ 8,083.50
Year 2 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 75 $ 102.00 $ 7,650.00 $ 112.94 $ 8,470.50
Year 3 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 75 $ 107.00 $ 8,025.00 $ 118.99 $ 8,924.25
$ 23,025.00 $ 25,478.25
Huntley School District Item Unit Quanity Unit Price Total Unit Price Total
Year 1 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 50 $ 98.00 $ 4,900.00 $ 107.78 $ 5,389.00
Year 2 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 50 $ 102.00 $ 5,100.00 $ 112.94 $ 5,647.00
Year 3 Sandblasting & Painting of Fire Hydrants - Regular Hours Each 50 $ 107.00 $ 5,350.00 $ 118.99 $ 5,949.50
$ 15,350.00 16,985.50$
Unit Price As Read Bids Unit Price
$ 98.00 Year 1 $ 107.78
$ 102.00 Year 2 $ 112.94
$ 107.00 Year 3 $ 118.99
LOW BIDDER
GO Painters Inc. Muscat Painting & Decorating
555 Ashland Avenue, East Dundee, IL
60118
500 N. 6th Avenue, Maywood, IL
60153
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AGREEMENT ACCEPTANCE
2022 HYDRANT PAINTING PROGRAM
ACCEPTANCE
The Contract/Proposal attached hereto and by this reference incorporated herein and made a
part hereof is hereby accepted by the order of City of McHenry ("Owner") this 16th day of May,
2022.
This Acceptance, together with the Contract/Proposal attached hereto, constitutes the
entire and only agreement between the parties relating to the accomplishment of the Work and
the compensation therefore and supersedes and merges any other prior or conte mporaneous
discussions, agreements, or understandings, whether written or oral, and shall prevail over any
contradictory or inconsistent terms or conditions contained in any purchase order, acceptance,
acknowledgement, invoice, or other standard form used by the parties in the performance of the
Contract/Proposal. Any such contradictory or inconsistent terms or conditions shall be deemed
objected to by Owner without further notice of objection and shall be of no effect nor in any
circumstances binding upon Owner unless accepted by Owner in a written document plainly
labeled "Amendment to Contract/Proposal." Acceptance or rejection by Owner or any such
contradictory or inconsistent terms or conditions shall not constitute acceptance of any other
contradictory or inconsistent terms or conditions.
CONTRACTOR CITY OF MCHENRY
by: __________________________________ by: __________________________________
Title: ________________________________ Title: ________________________________
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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 16, 2022
TO: Mayor and City Council
FROM: Troy Strange, P.E., Director of Public Works
RE: 2022 Paint Pavement Marking Program
ATT: McHenry County Bid Tabulation
City of McHenry Itemized Summary of Costs
Contract For Execution
______________________________________________________________________________
AGENDA ITEM SUMMARY:
Staff requests City Council to consider awarding a contract to Precision Pavement Markings, Inc.
for the 2022 City of McHenry Paint Pavement Marking Program.
BACKGROUND:
On an annual basis the Public Works Department completes paint pavement markings of
longitudinal lines, crosswalks, stop bars, and turn lanes on a multi-year schedule. This work is
funded out of the Street Division Operating Budget (Contractual Account) and is completed on a
contractual basis. The City of McHenry partnered with McHenry County and several local
municipal agencies to issue a joint bid request. McHenry County facilitated the bid specifications
and solicitation. Bids were opened on April 7, 2022.
ANALYSIS:
Sealed bids for the 2022 Paint Pavement Marking Program were received on April 7, 2022. The
City of McHenry Tabulation based upon quantities awarded under this contract yields the
following results:
• Precision Pavement Markings, Inc. $33,213.70
Only one prospective bidder submitted pricing on this proposal. However, the pricing is less than
staff had been anticipating due to material and supply chain shortages. Therefore, it is
recommended that the City Council authorize staff to proceed with the awarding of this contract.
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RECOMMENDATION:
Therefore, if Council concurs, it is recommended to approve the bid award for the 2022 Paint
Pavement Markings contract to Precision Pavement Markings, Inc. in an amount of $33,213.70
(actual amount may vary based on final measured quantities). This project will be funded
through the Street Division Contractual Account (100-33-5110).
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Item Engineer's Estimate
No.Items Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price
Paint Pvt Mkgs-Line 4"ft 2,466,926 $0.13 $320,700.38 $0.12 $296,031.12
Paint Pvt Mkgs-Line 6"ft 67,854 $0.35 $23,748.90 $0.45 $30,534.30
Paint Pvt Mkgs-Line 8"ft 50 $2.50 $125.00 $0.49 $24.50
Paint Pvt Mkgs-Line 12"ft 6,890 $3.50 $24,115.00 $1.55 $10,679.50
Paint Pvt Mkgs-Line 24"ft 3,395 $4.70 $15,956.50 $2.45 $8,317.75
Paint Pvt Mkgs-Letters & Symbols sq ft 4,362.0 $4.70 $20,501.40 $2.55 $11,123.10
TOTAL $405,147.18 $356,710.27
Low Bid
Bidders
Precision Pavement Marking, Inc. 1220 Bell Court Pingree Grove, IL 60140
Precision Pavement Markings
McHenry County Division of Transportation
Bid Tabulation
22-00000-10-GM
Paint Pavement Markings
4/07/2022 @ 9:00 am
McHenry County Division of Transportation
Page 1 of 1
4/7/2022 Paint Pvt Markings Bid Tab 2022.xls119
2022 Paint Pavement Markings4" Line Bid Cost 6" Line Bid Cost 12" Line Bid Cost 24" Line Est. Cost 24" L&S Bid CostQuantity0.12$ Quantity0.35$ Quantity1.55$ Quantity2.45$ Quantity2.55$ Crystal Lake Road39107 4,692.84$ 5600 1,960.00$ 2475 3,836.25$ 344 842.80$ 1166 2,973.30$ Lillian Street8986 1,078.32$ 40 14.00$ 160 248.00$ 123 301.35$ 100 255.00$ Municipal Drive2964 355.68$ 1004 351.40$ 208 322.40$ 54 132.30$ 370 943.50$ Knox Drive1712 205.44$ 188 65.80$ 280 434.00$ 39 95.55$ 37 94.35$ Bank Drive384 46.08$ 265 92.75$ 0‐$ 45 110.25$ 74 188.70$ Ridge Road27460 3,295.20$ 150 52.50$ 260 403.00$ 3278.40$ 53 135.15$ Riverside Drive15527 1,863.24$ 792 277.20$ 0‐$ 220 539.00$ 37 94.35$ Park Place1010 121.20$ 250 87.50$ 0‐$ 66 161.70$ 74 188.70$ Ridge Road27460 3,295.20$ 150 52.50$ 260 403.00$ 32 78.40$ 53 135.15$ Royal Drive6700 804.00$ 439 153.65$ 510 790.50$ 122 298.90$ 104 265.20$ 15,757.20$ 3,107.30$ 6,437.15$ 2,638.65$ 5,273.40$ Program Total Costs 33,213.70$ 120
1
CITY OF MCHENRY PURCHASE ORDER - CONSTRUCTION (Small Projects)
Date: May 16, 2022 Purchase Order No.___________________________________________
Project: 2022 City of McHenry Paint Pavement Marking Program Location: Various
Owner Contractor/Vendor Architect/Engineer
City of McHenry Public Works Dept.
1415 Industrial Drive
McHenry, Illinois 60050
Phone: (815) 363-2186
Fax: (815) 363-2214
Contact: Troy Strange
Public Works Director
Precision Pavement Markings, Inc.
1220 Bell Court
Pingree Grove, Illinois 60140
Phone: (224) 530-3192
Contact: Terry Wilson
Project Manager
Phone:
Fax:
Contact:
COST OF WORK
The Contract Price of the Work under this Purchase Order is $33,213.70.
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: McHenry County Specifications (Attached)
The following prices shall remain in effect for the duration of project:
QUANTITY
UNIT OF
MEASURE DESCRIPTION/ITEMS
LUMP SUM
UNIT PRICE EXTENSION
131,310
8,878
4,153
1,077
2,068
LF
LF
LF
LF
SF
PAINT PAVEMENT MARKING LINE 4”
PAINT PAVEMENT MARKING LINE 6”
PAINT PAVEMENT MARKING LINE 12”
PAINT PAVEMENT MARKING LINE 24”
PAINT PAVEMENT MARKING L&S
$0.12
$0.35
$1.55
$2.45
$2.55
$15,757.20
$3,107.30
$6,437.15
$2,638.65
$5,273.40
TOTAL $33,213.70
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 no later than October 15, 2022.
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.
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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.
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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.
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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.
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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
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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 16, 2022
TO: Mayor and City Council
FROM: Troy Strange, P.E., Director of Public Works
RE: City Fueling Station Engineering Services
ATT: Ordinance Authorizing the Mayor to Enter a Contract with Integrity Environmental
Services, Inc.
Integrity Environmental Services, Inc. Scope and Fee Proposal
City of McHenry Engineering Contract Document for Execution
______________________________________________________________________________
AGENDA ITEM SUMMARY:
Staff requests City Council to consider approval of a resolution exercising the City’s Home Rule
Authority authorizing the Mayor to enter into a contract with Integrity Environmental Services,
Inc. for Engineering Design Services for a City Fueling Station. Staff further requests City Council
to consider awarding a contract to Integrity Environmental Services, Inc. for Engineering Design
Services for a City Fueling Station.
BACKGROUND:
The Fiscal Year 2022/2023 General Fund Capital Budget includes $60,000 for engineering design
services for a City Fueling Station tentatively to be constructed in the parking lot of the Public
Works Facility located at 1415 Industrial Drive.
In recent history, the City of McHenry has relied on a commercial fueling station currently
operated by Petroliance and located on Main Street for the fueling of all City ve hicles and
equipment. This fueling station is utilized by several local public agencies and other commercial
users. While this station is currently in operation, its operators have notified staff that upon the
useful end of the service life of the current equipment and infrastructure, there is a strong
possibility that the site will be abandoned. Because of this consideration, the Police Department
and Public Works staff have been investigating future fueling facility options and have
determined that a City-owned and operated fueling station is a warranted investment. Operating
out of a City-owned facility will create potential savings from competitively bid material supply
contracts which base fuel prices upon the Oil Price Information Service (OPIS) price listing. The
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Public Works property is a central location which would allow for ease of access and a
maneuverable site to all City departments which may not be the case for any future commercial
suppliers that enter the local market. Additionally, the need for control over a facility is an
important consideration for continuity of operations in periods of emergency.
While researching and developing a strategy for project implementation, staff determined that
utilizing one of the City’s prequalified engineering firms may not be appropriate for this
application due to the specialized nature of this project with regards to environmental
engineering considerations and dealing with the fuel supply industry. Therefore, staff sought out
an engineering firm with a demonstrated record of success in similar projects and secured a
proposal from Integrity Environment Services, Inc.
Because Integrity Environmental Services, Inc. is not a prequalified engineering firm with the City
of McHenry, staff is recommending that a separate resolution be passed for the exercise of the
City’s Home Rule Authority to waive the requirements of the Illinois Local Government
Professional Services Selection Act.
Initial estimates for the construction cost of the fueling station are $450,000. Because of this
expense, staff has been seeking local governmental partners to share in the capital cost for the
project and will report back to the City Council during the project development process if a
suitable partner is identified.
ANALYSIS:
Staff has solicited a proposal and negotiated the proposed scope and fee with the selected
consultant based upon project requirements, budget, and schedule. Integrity Environmental
Services, Inc. is proposing a scope and fee of $37,100, which includes all engineering work
necessary to design a City Fueling Station at the Public Works property and to provide necessary
construction support during the construction phase of the project. Staff has reviewed the scope
and fee and has found the proposed scope and fee to be acceptable.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended to approve an ordinance exercising the
City’s Home Rule Authority authorizing the Mayor to enter into a contract with
Integrity Environmental Services, Inc. for Engineering Design Services for a City Fueling
Station. Staff further requests City Council to consider awarding a contract in the amount of
$37,100.00 to Integrity Environmental Services, Inc. for Engineering Design Services for a City
Fueling Station.
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Ordinance Selecting Consulting Engineer for City’s Fueling Station, Page 1
ORDINANCE NO. __________
An Ordinance Selecting Consulting
Engineer for a City Fueling Station
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, the City Council of the City of McHenry is undertaking a project to construct a
City Fueling Station.
WHEREAS, the City has determined that it is in their best interest to construct the City
Fueling Station Project which will provide the City with control over the supply, management and
dispensing of fuel for City vehicles including Police, Public Works, as well as other City
Departments.
WHEREAS, the City has determined that specialized skill and knowledge are necessary for
the engineering, plan preparation and construction assistance associated with the City Fueling
Station.
WHEREAS, Integrity Environmental Services, Inc. (“Integrity Environmental”) is qualified
to provide Design, Engineering, Bid Documents, Bid Assistance, Construction Assistance and
Contract Administration services associated with the Proposed City Fueling Station as itemized in
Integrity Environmental proposal dated April 13, 2022.
WHEREAS, the City has engaged in formal and informal discussions with Integrity
Environmental, regarding the scope, fee and work associated with the City Fueling Station.
WHEREAS, the City has determined that it is in the best interests of the City to proceed with
the immediate selection of Integrity Environmental to perform design services for the City’s Fueling
Station based on its qualifications and experience.
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: The City hereby exercises its home rule powers and selects Integrity
Environmental to provide design services to the City’s Fueling Station and waives all selection or
prequalification processes as may be called for within the City’s Purchasing Policies.
SECTION 2: The City Council hereby authorizes the City Public Works Director to negotiate
and execute a Professional Service Agreement between the City and Integrity Environmental in an
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Draft May 6, 2022
Ordinance Selecting Consulting Engineer for City’s Fueling Station, Page 2
amount not to exceed Thirty-Seven Thousand One Hundred Dollars ($37,100) for engineering
design and project oversight services for the City’s Fueling Station.
SECTION 3: 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 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 5: 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.
SECTION 6: 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 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 8: 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.
Ayes Nays Absent Abstain
Alderman Devine
Alderman Glab
Alderman Harding
Alderman Strach
Alderwoman Miller
Alderman Santi
Alderman McClatchey
APPROVED:
(SEAL)
Mayor Wayne Jett
ATTEST:
City Clerk Trisha Ramel
Passed:
Approved:
Z:\M\McHenryCityof\Ordinances\Engineer FuelingStation.doc
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C E R T I F I C A T I O N
I, Trisha Ramel, do hereby certify that I am the duly appointed, acting and qualified Clerk of
the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the
records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry.
I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of
McHenry, held on the day of , 2022, the
foregoing Ordinance entitled, An Ordinance Selecting Consulting Engineer for a City Fueling
Station, was duly passed by the City Council of the City of McHenry.
The pamphlet form of Ordinance No. , including the Ordinance and a cover
sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing
on the day of 2022, and will continue for at least 10 days thereafter.
Copies of such Ordinance are also available for public inspection upon request in the office of the
City Clerk.
I do further certify that the original, of which the attached is a true and correct copy, is
entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and
keeper of the same.
GIVEN under my hand and seal this day of 2022.
Trisha Ramel, Clerk
City of McHenry,
McHenry County, Illinois
(SEAL)
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City of McHenry Professional Services Contract
Revised 5/22/17
Professional Services Contract
Between The City Of McHenry
And Integrity Environmental
Services, Inc.
For Project Design Services For a
Proposed City Fueling Station
179
City of McHenry Professional Services Contract
Revised 5/22/17
Professional Services Contract Between The City of
McHenry And Integrity Environmental Services, Inc.
For Professional Engineering Services For a
Proposed City Fueling Station
TABLE OF CONTENTS
Page
ARTICLE 1. THE SERVICES ........................................................................................................ 1
1.1 Intent ........................................................................................................................ 1
1.2 Services .................................................................................................................... 1
1.3 Project Time ............................................................................................................ 1
1.4 Term; Extensions ..................................................................................................... 1
1.5 Other Contracts ........................................................................................................ 1
1.6 Responsibility of Consultant to Perform ................................................................. 1
1.7 Financial Ability to Perform. ................................................................................... 2
ARTICLE 2. COMPENSATION AND PAYMENT ...................................................................... 2
2.1 Pricing Schedule ...................................................................................................... 2
2.2 Monthly Payment; Invoices ..................................................................................... 2
2.3 Taxes ........................................................................................................................ 2
2.4 Final Payment. ......................................................................................................... 2
2.5 Deductions ............................................................................................................... 3
2.6 Use of Deducted Funds ........................................................................................... 3
2.7 Keeping Books and Accounts ................................................................................. 3
ARTICLE 3. PERFORMANCE OF SERVICES ............................................................................ 3
3.1 Standard of Performance ......................................................................................... 3
3.2 Correction of Defects............................................................................................... 3
3.3 Risk of Loss ............................................................................................................. 4
3.4 Opinions of Probable Cost ....................................................................................... 4
3.5 City Responsibilities ................................................................................................ 4
3.6 Time of the Essence. ................................................................................................ 5
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3.7 Suspension of Services ............................................................................................ 5
ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS ............................................................ 5
4.1 Services Change Orders .......................................................................................... 5
4.2 Revision Notices ...................................................................................................... 5
4.3 No Change in Absence of Services Change Order .................................................. 5
4.4 Delays ...................................................................................................................... 5
ARTICLE 5. INSURANCE ............................................................................................................ 6
5.1 Insurance. ................................................................................................................. 6
5.2 Scope of Coverage; Minimum Limits of Coverage................................................. 6
5.3 Deductibles and Self-Insured Retentions ................................................................ 6
5.4 Additional Requirements ......................................................................................... 6
5.5 Verification of Coverage ......................................................................................... 7
5.6 Sub-Consultants and Suppliers ................................................................................ 8
ARTICLE 6. INDEMNIFICATION ............................................................................................... 8
6.1 Agreement to Indemnify .......................................................................................... 8
6.2 No Limit Based on Insurance .................................................................................. 8
6.3 Withholding Payment .............................................................................................. 8
6.4 Limit on Duty to Indemnify ..................................................................................... 8
ARTICLE 7. ARBITRATION ........................................................................................................ 8
7.1 Arbitration ............................................................................................................... 8
ARTICLE 8. TERMINATION ....................................................................................................... 9
8.1 Contract is At-Will. ................................................................................................. 9
8.2 Termination by City for Breach. .............................................................................. 9
8.3 City Remedies .......................................................................................................... 9
8.4 Termination by Consultant for Breach. ................................................................... 9
ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS ......................... 9
9.1 Consultant as Independent Consultant .................................................................. 10
9.2 Compliance with Laws; Communications with Regulators .................................. 10
9.3 Permits and Licenses ............................................................................................. 10
9.4 Safety; Hazardous Materials .................................................................................. 10
9.5 Ownership of Data and Documents ....................................................................... 10
9.6 Notices ................................................................................................................... 10
9.7 No Waiver by City. ................................................................................................ 10
9.8 No Third-Party Beneficiaries ................................................................................. 11
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9.9 Survival of Terms .................................................................................................. 11
9.10 Assignments. ......................................................................................................... 11
9.11 Amendments .......................................................................................................... 11
9.12 Governing Law ...................................................................................................... 11
9.13 Compliance with Laws, Grant Regulations ........................................................... 11
9.14 Representation of No Conflicts ............................................................................. 11
9.15 No Collusion. ......................................................................................................... 11
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Professional Services Contract Between The City of
McHenry And Integrity Environmental Services, Inc.
For Professional Engineering Services For a
Proposed City Fueling Station
This contract (the “Contract”) is dated as of May 16th, 2022 (the “Effective Date”) and is by
and between the City of McHenry, an Illinois municipal corporation, (the “City”) and Integrity
Environmental Service, Inc. (the “Consultant”). In consideration of the mutual covenants and
promises contained herein, the parties agree as follows:
ARTICLE 1. THE SERVICES
1.1 Intent. It is the intent of the parties that this Contract govern the relationship of the
parties.
1.2 Services. The Consultant will perform for the City the following services (the
“Services”):
Design, Engineering, Bid Documents, Bid Assistance, Construction
Assistance and Contract Administration services associated with the
Proposed City Fueling Station as itemized in Integrity Environmental
Services, Inc. proposal dated April 13, 2022 (Attached as Exhibit -
A).
1.3 Project Time. The Services will be performed according to the following schedule
(“Project Schedule”):
Complete Engineering and Bid Documents November 1, 2022
Bidding Assistance January 15, 2023
Construction Assistance To Be Determined
The Services will be completed on or before November 1, 2022 for the Engineering and Bid
Documents (the “Completion Date”). The Completion Date shall be effective for substantial
completion all design services. Bidding Services and Construction Support shall be completed after
the date of substantial completion in coordination with construction of the project.
1.4 Term; Extensions. This Contract commences on the Effective Date and terminates
on December 31, 2023 unless terminated earlier pursuant to Article 8 of this Contract (the “Term”).
All terms of this Contract, including without limitation pricing terms, are firm during the Term,
unless as embodied in an amendment to this Contract in accordance with Section 9.15. The Parties
may only extend this Contract in writing for two additional one-year periods (each an “Extended
Term”). Pricing terms may be adjusted by written agreement at the beginning of an Extended Term.
1.5 Other Contracts. The City may enter into agreements with other consultants,
pursuant to which the City may award work from time to time at the City’s discretion.
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1.6 Responsibility of Consultant to Perform. The Consultant must provide all personnel
necessary to complete the Services. The Consultant must perform the Services with its own personnel
and under the management, supervision, and control of its own organization unless otherwise
approved by the City in writing. All sub-consultants and supplies used by the Consultant in the
performance of Services must be acceptable to, and approved in advance by, the City. The City’s
approval of any sub-consultant or supplier will not relieve the Consultant of full responsibility and
liability for the provision, performance, and completion of the Services in full compliance with, and
as required by or pursuant to, this Contract. All Services performed by any sub-consultant or supplier
are subject to all of the provisions of this Contract in the same manner as if performed directly by
the Consultant. If any sub-consultant or supplier fails to properly perform any Services undertaken
by it in compliance with this Contract, then the Consultant, immediately on notice from the City,
must remove that sub-consultant or supplier and undertake the Services itself or replace the sub-
consultant or supplier with a sub-consultant or supplier acceptable to the City. The Consultant will
have no claim for damages, for compensation in excess of the Compensation, or for delay or
extension of the Project Schedule as a result of any such removal or replacement.
1.7 Financial Ability to Perform. When executing this Contract, the Consultant
represents and declares that it is financially solvent, has the financial resources necessary, has
sufficient experience and competence, and has the necessary capital, facilities, organization, and staff
necessary to provide, perform, and complete the Services set forth in this Contract in full compliance
with, and as required by or pursuant to, this Contract.
ARTICLE 2. COMPENSATION AND PAYMENT
2.1 Pricing Schedule. As compensation for the performance of the Services
(“Compensation”), the City will pay the Consultant the following amounts and in the following
manner:
Not-to-exceed $37,100 per the April 13, 2022 proposal unless
otherwise agreed in writing
Except for the Compensation, the City will have no liability for any expenses or costs incurred by
the Consultant.
2.2 Monthly Payment; Invoices. The Compensation will be paid in monthly
installments. The Consultant must submit to the City, on a monthly basis, a written invoice for
payment for completed work. The City may specify the specific day of the month on or before which
invoices must be filed. Each invoice must be accompanied by receipts, vouchers, and other
documents as necessary to reasonably establish the Consultant’s right to payment of the
Compensation stated in the invoice. In addition, each invoice must include (a) employee
classifications, rates per hour, and hours worked by each classification and, if the Services are to be
performed in separate phases, for each phase, (b) total amount billed in the current period and total
amount billed to date and, if the Services are to be performed in separate phases, for each phase, and
(c) the estimated percent completion of the Services and, if the Services are to be performed in
separate phases, for each phase.
2.3 Taxes. The Compensation includes applicable federal, State of Illinois, and local
taxes of every kind and nature applicable to the services provided by the Consultant and all taxes,
contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions,
annuities, or other similar benefits. The Consultant will never have a claim or right to claim additional
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compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or
fees.
2.4 Final Payment. The Services will be considered complete on the date of final written
acceptance by the City of the Services or the relevant phase of the Services. Services related to a
submission of the Consultant will be deemed accepted by the City if the City does not object to those
Services in writing within 30 days after the submission by the Consultant of an invoice for final
acceptance and payment The City will make final payment to the Consultant within 30 days after
final acceptance of the Services, after deducting therefrom charges, if any, as provided in this
Contract (“Final Payment”). The acceptance by the Consultant of Final Payment will operate as a
full and complete release of the City by the Consultant of and from any and all lawsuits, claims, or
demands for further payment of any kind for the Services encompassed by the Final Payment.
2.5 Deductions. Notwithstanding any other provision of this Contract, the City may
deduct and withhold from any payment or from Final Payment such amounts as may reasonably
appear necessary to compensate the City for any loss due to (1) Services that are defective,
nonconforming, or incomplete, (2) liens or claims of lien, (3) claims against the Consultant or the
City made by any of the Consultant’s sub-consultants or suppliers or by other persons about the
Services, regardless of merit, (4) delay by the Consultant in the completion of the Services, the
cost to the City, including without limitation reasonable attorneys’ fees, of enforcing the terms of
this Contract. The City will notify the Consultant in writing of the City’s determination to deduct
and withhold funds, which notice will state with specificity the amount of, and reason or reasons for,
such deduction and withholding.
2.6 Use of Deducted Funds. The City will be entitled to retain any and all amounts
withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations in
question or has furnished security for that performance satisfactory to the City. The City will be
entitled to apply any money withheld or any other money due to the Consultant to reimburse itself
for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, and reasonable
attorneys’ fees (collectively “Costs”) incurred, suffered, or sustained by the City and chargeable to
the Consultant under this Contract.
2.7 Keeping Books and Accounts. The Consultant must keep accounts, books, and other
records of all its billable charges and costs incurred in performing Services in accordance with
generally accepted accounting practices, consistently applied, and in such manner as to permit
verification of all entries. The Consultant must make all such material available for inspection by the
City, at the office of the Consultant during normal business hours during the Term and for a period
of five years after termination of this Contract. Copies of such material must be furnished to the City
at the City’s request and expense.
ARTICLE 3. PERFORMANCE OF SERVICES
3.1 Standard of Performance. The Consultant must perform the Services in a manner
consistent with the degree of care and skill ordinarily exercised by members of the same profession
currently practicing under similar circumstances in the Chicago Metropolitan Region (“Standard of
Performance”). The Consultant is fully and solely responsible for the quality, technical accuracy,
completeness, and coordination of all Services. All plans and other documents furnished by the
Consultant shall be endorsed and stamped with professional seals when such seals are required by
law.
3.2 Correction of Defects. The Consultant must provide, for no additional Compensation
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and at no separate expense to the City, all work required to correct any defects or deficiencies in the
performance of Services, regardless of whether the defect or deficiency relates to the work of the
Consultant or of the Consultant’s sub-consultants or suppliers.
3.3 Risk of Loss. The Consultant bears the risk of loss in providing all Services. The
Consultant is responsible for any and all damages to property or persons arising from any Consultant
error, omission, or negligent act and for any losses or costs to repair or remedy any work undertaken
by the City based on the Services as a result of any such error, omission, or negligent act.
Notwithstanding any other provision of this Contract, the Consultant’s obligations under this Section
3.3 exist without regard to, and may not be construed to be waived by, the availability or
unavailability of any insurance, either of the City or the Consultant, to indemnify, hold harmless, or
reimburse the Consultant for damages, losses, or costs.
3.4 Opinions of Probable Cost. The Parties recognize that neither the Consultant nor the
City has control over the costs of labor, materials, equipment, or services furnished by others or over
competitive bidding, market or negotiating conditions, or construction contractors’ methods of
determining their prices. Accordingly, any opinions of probable costs provided under this Contract
are considered to be estimates only, made on the basis of the Consultant’s experience and
qualifications, and those opinions represent the Consultant’s best judgment as an experienced and
qualified professional, familiar with the industry. The Consultant does not guaranty that proposals,
bids, or actual costs will not vary from the opinions prepared by the Consultant.
3.5 City Responsibilities. The City, at its sole cost and expense, will have the following
responsibilities:
(a) To designate in writing a person with authority to act as the City’s representative
with respect to the Services. In the absence of a written designation, the City’s representative will be
the City Administrator. The City’s representative will have the authority to act on behalf of the City
except on matters that require approval of the City Council, including amendments to this Agreement
or increasing the compensation of consultant.
(b) To provide to the Consultant all criteria and information about the requirements for
the Services, including, as relevant, the City’s objectives and constraints, schedule, space, capacity
and performance requirements, and budgetary limitations.
(c) To provide to the Consultant existing studies, reports, and other available data
relevant to the Services.
(d) To arrange for access to, and make provisions for the Consultant to enter on, public
and private property as reasonably required for the Services.
(e) To provide, as relevant, surveys describing physical characteristics, legal limitations,
and utility locations for the Services and the services of other consultants when the services of other
consultants are requested by the Consultant and are necessary for the performance of the Services.
(f) To provide structural, mechanical, chemical, air and water tests, tests for hazardous
materials, and other laboratory and environmental tests, inspections, and reports required by law to
be provided by the City in connection with the Services, except the extent such tests, inspections, or
reports are part of the Services.
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(g) To review reports, documents, data, and all other information presented by the
Consultant as appropriate.
(h) To provide approvals from all governmental authorities having jurisdiction over the
Services when requested by the Consultant, except the extent such approvals are part of the Services.
(i) To provide, except as provided under Article 5 and Article 6 of this Contract, all
accounting, insurance, and legal services as may be necessary from time to time in the judgment of
the City to protect the City’s interests with respect to the Services.
(j) To attend meetings related to the Services.
(k) To give prompt written notice to the Consultant whenever the City observes or
otherwise becomes aware of any development that affects the scope or timing of Services, except
that the inability or failure of the City to give any such a notice will not relieve the Consultant of any
of its responsibilities under this Contract.
3.6 Time of the Essence. Time is of the essence for the Services and all activities with
regard to the performance of the Services.
3.7 Suspension of Services. The City, at any time and for any reason, may suspend work
on any or all Services by issuing a written work suspension notice to the Consultant. The Consultant
must stop the performance of all Services within the scope of the suspension notice until the City
directs the Consultant in writing to resume performance.
ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS
4.1 Services Change Orders. The City, from time to time, may issue a written order
modifying or otherwise changing the scope of the Services included in a Services Change Order (a
“Services Change Order”). Any Services Change Order in an amount exceeding $10,000 must be
approved by the City Council. The Services Change Order will be generally in the form attached to
and by this reference incorporated into this Contract as Attachment A. The Consultant may request
a Services Change Order based on a claimed material change to any Services performed under this
Contract. A Services Change Order may include additions to and deletions from the Services and
will include requested equitable increases or decreases to the Compensation.
4.2 Revision Notices. Within three (3) days after the date of a Services Change Order,
and in any event before the Consultant begins work on any changed Services, the Consultant must
notify the City in writing if the Consultant desires a revision to the Services Change Order (a
“Revision Notice”). The Revision Notice must clearly state the Consultant’s requested revisions and
the reasons for the revisions. If the City agrees to any revision, then the City will issue a revised
Services Change Order in a form acceptable to the Parties. If the Consultant does not submit a
Revision Notice within the (3) -day period, then the Consultant will be deemed to have accepted the
Services Change Order and the Services Change Order will be final.
4.3 No Change in Absence of Services Change Order. No claim for an adjustment in
Compensation or Project Schedule will be made or allowed unless it is embodied in a Services
Change Order signed by the City and the Consultant. If the Consultant believes it is entitled to an
adjustment in the Compensation or Project Schedule terms that has not been included, or fully
included, in a Services Change Order, then the Consultant may submit to the City a written request
for the issuance of, or revision of, a Services Change Order including the desired adjustment. The
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Consultant’s request must be submitted before the Consultant proceeds with any Services for which
an adjustment is desired.
4.4 Delays. If a delay in providing Services results from one or more causes that could
not be avoided or controlled by the Consultant, then the Consultant may be entitled to an extension
of the Project Schedule for a period of time equal to that delay, or an adjustment in Compensation
for extra costs related to the delay, or both. The Consultant must notify the City in writing within 3
days after the start of the delay and again in writing within 3 days after the delay has ended (the
“Delay Period”). The first notice must state the cause or causes of the delay and the impact of the
delay on providing Services. The second notice must state the cause or causes of the delay, the length
of the day, the reasons why the delay disrupted performance of the Services and the Consultant’s
request, if any, for a change in Compensation or Project Schedule. If the Consultant fails to submit
notices as provided in this Section 4.5, then the Consultant will be deemed to have waived any right
to an adjustment in Compensation for the Services.
ARTICLE 5. INSURANCE
5.1 Insurance. The Consultant must procure and maintain, for the duration of this
Contract, insurance as provided in this Article 5.
5.2 Scope of Coverage; Minimum Limits of Coverage.
(a) Commercial General Liability. Insurance Services Office (“ISO”), or reasonable
equivalent, Commercial General Liability occurrence form CG 0001, with the City and its officials, officers,
employees, and agents named as additional insured on Insurance Service Office (ISO) Additional Insured
Endorsement CG 2010 (Exhibit A) or CG 2026 (Exhibit B). Coverage must be at least $1,000,000 combined
single limit per occurrence for bodily injury and for property damage and $1,000,000 per occurrence for
personal injury. The general aggregate must be twice the required occurrence limit. Minimum General
Aggregate must be no less than $2,000,000 or a project- contract specific aggregate of $1,000,000.
(b) Automobile Liability. Insurance Service Office Business Auto Liability coverage
form number CA 0001, Symbol 01 “Any Auto.” Coverage must be at least $1,000,000 combined
single limit per accident for bodily injury and property damage.
(c) Professional Liability. Indemnification and for injury or damage arising out of
negligent acts, errors, or omissions in providing professional services, including without limitation:
(i) preparing, approving, or failure to prepare or approve maps, drawings, opinions, report, surveys,
designs or specifications and (ii) providing direction, instruction, supervision, inspection, or
engineering services or failing to provide them, if that is the primary cause of injury or damage.
Coverage must be at least $1,000,000 each claim with respect to negligent acts, errors, and omissions
in connection with all professional services to be provided under this Contract.
(d) Workers’ Compensation and Employers’ Liability. Workers’ Compensation as
required by the Workers’ Compensation Act of the State of Illinois and Employers’ Liability
insurance. Coverage must be at least Workers’ Compensation Coverage with statutory limits and
Employers’ Liability limits of $500,000 per accident.
5.3 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City. At the option of the City, either the insurer must reduce
or eliminate such deductibles or self-insured retentions with respect to the City and its officials,
officers, employees, and agents or the Consultant must procure a bond guaranteeing payment of
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losses and related investigation, claim administration, and Consultant defense expenses.
5.4 Additional Requirements. The insurance policies must contain, or be endorsed to
contain, the following provisions:
(a) Commercial General Liability and Automobile Liability Coverage. The City and its
officials, officers, employees must be covered as additional insured as respects: liability arising out
of the Consultant’s work, including without limitation activities performed by or on behalf of the
Consultant and automobiles owned, leased, hired, or borrowed by the Consultant. Coverage must
contain no special limitations on the scope of protection afforded to the City or its officials, officers,
employees, and agents.
(b) Primary Coverage. The insurance coverage must be primary with respect to the City
and its officials, officers and employees. Any insurance or self-insurance maintained by the City and
its officials, officers, employees, and agents will be excess of the Consultant’s insurance and will not
contribute with it.
(c) Severability of Interests/Cross Liability. The insurance must contain a Severability
of Interests/Cross Liability clause or language stating that the insurance will apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits of the
insurer’s ability.
(d) Umbrella Policies. If any commercial general liability insurance is being provided
under an excess or umbrella liability policy that does not “follow form,” then the Consultant must
name the City and its officials, officers and employees, as additional insured under the umbrella
policy.
(e) Occurrence Form. All general liability coverage must be provided on an occurrence
policy form. Claims-made general liability policies are not acceptable.
(f) Workers’ Compensation and Employers’ Liability Coverage. The insurer must agree
to waive all rights of subrogation against the City and its officials, officers, employees, and agents
for losses arising from work performed by the Consultant.
(g) Professional Liability. If the policy is written on a claims-made form, the retroactive
date must be equal to or preceding the effective date of this Contract. If the policy is cancelled, non-
renewed, or switched to an occurrence form, then the Consultant must purchase supplemental
extending reporting period coverage for a period of not less than three years after the date of
substantial completion.
(h) All Coverage. Each insurance policy required must have the City expressly endorsed
onto the policy as a Cancellation Notice Recipient. If a policy is canceled before the expiration date
of that policy, then notice must be delivered to the City in accordance with the policy provisions
prior to the expiration date.
(i) Acceptability of Insurers. Insurance must be placed with insurers with a Best’s rating
of no less than A-, VII and licensed to do business in the State of Illinois.
(j) Waiver of Limitation. The Consultant hereby agrees to waive any limitation as to
the amount of contribution recoverable against it by the City. This specifically includes any limitation
imposed by any state statute, regulation, or case law including any Workers’ Compensation Act
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provision that applies a limitation to the amount recoverable in contribution, such as Kotecki v.
Cyclops Welding. Each sub-consultant also must agree to this waiver.
5.5 Verification of Coverage. The Consultant must furnish the City with certificates of
insurance naming the City and its officials, officers, employees, and agents as additional insured and
with original endorsements affecting coverage required by this Article 5. The certificates and
endorsements for each insurance policy must be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements may be on forms provided by the City or
may be ISO Additional Insured Endorsements CG 2010 or CG 2026, or reasonable equivalent, and
in any event must be received and approved by the City before any work commences. The City
reserves the right to request a full certified copy of each insurance policy and endorsement.
5.6 Sub-Consultants and Suppliers. The Consultant must include all sub-consultants as
insured under its policies or must furnish separate certificates and endorsements for each sub-
consultant. All coverage for sub-consultants are subject to all of the requirements stated in this Article
5.
ARTICLE 6. INDEMNIFICATION
6.1 Agreement to Indemnify. To the fullest extent permitted by law, the Consultant
hereby agrees to indemnify and, at the City’s request, defend the City and its officials, employees,
agents, and representatives (collectively the “Indemnified Parties”) against all injuries, deaths, loss,
damages, claims, patent claims, lawsuits, liabilities, judgments, costs, and expenses, including
attorney fees incurred by the City (collectively “Claims”), that may in any way accrue against the
Indemnified Parties or any one of them arising in whole, or in part, or in consequence of consultants
breach of contract or the negligent or intentionally tortious performance of any services by the
Consultant or its employees or sub-consultants or that may in any way result therefrom, except only
Claims arising out of the sole legal cause of the City. In addition, Consultant hereby agrees to
indemnify the City with regard to any damages, costs and expenses, including attorney fees incurred
by the City for any failure by the Consultant to comply with insurance reporting provisions of any
Consultant insurance policy adversely affecting coverage provided to the indemnified parties.
6.2 No Limit Based on Insurance. The Consultant expressly acknowledges and agrees
that any performance bond or insurance policy required by this Contract, or otherwise provided by
the Consultant, will in no way limit the responsibility to indemnify and defend the Indemnified
Parties or any one of them.
6.3 Withholding Payment. To the extent that any payment is due to the Consultant under
this Contract, the City may withhold that payment to protect itself against any Indemnified Claims
until all claims, suits, or judgments have been settled or discharged and evidence to that effect has
been furnished to the satisfaction of the City.
6.4 Limit on Duty to Indemnify. The Consultant is not required to indemnify an
Indemnified Party to the extent a Claim resulted solely from the negligence or willful misconduct of
the Indemnified Party.
ARTICLE 7. ARBITRATION
7.1 Arbitration. Any controversy or claim arising out of or relating to this Contract, or
the breach thereof, shall be settled by binding arbitration administered by the American Arbitration
Association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, as
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determined in the exclusive discretion of the City, at 333 N. Green St. McHenry, Illinois, and
judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction
thereof. The parties agree that an arbitration award by default may be entered upon the party failing
to appear or defend itself in any arbitration proceeding. In the event of any arbitration or litigation of
this Contract, the non-prevailing party, as determined by the arbiter or court, shall pay all expenses
incurred by the prevailing party, including, but not limited to (a) attorney’s fees, (b) filing costs, (c)
witness fees, and (d) other general expenses of arbitration or litigation.
ARTICLE 8. TERMINATION
8.1 Contract is At-Will. This Contract is at-will and may be terminated by the City at
any time at the City’s convenience, without reason or cause. If the City terminates this Contract
without reason or cause, then the Consultant will be entitled to Compensation for all Service
performed by the Consultant up to the date of termination. The Consultant is not entitled to any
consequential damages, including without limitation for lost profit, for any Services not performed
by the Consultant.
8.2 Termination by City for Breach. The City at any time, by written notice providing
Consultant with 10 days’ to cure any alleged breach hereof, may terminate this Contract of breach
by the Consultant and of one or more terms of this agreement. “Breach” by the Consultant includes
(a) failure of the Consultant to adhere to any terms or conditions of this Contract, (b) failure of the
Consultant to properly perform Services, (c) or failure of the Consultant to maintain progress in the
performance of Services so as to endanger proper performance of the Services within the Project
Schedule, (d) failure of the Consultant to have or maintain adequate resources to complete any
Services.
8.3 City Remedies. If the City terminates this Contract for Breach by the Consultant,
then the City will have the right, at its election and without prejudice to any other remedies provided
by law or equity, to pursue any one or more of the following remedies:
(a) The City may recover from the Consultant any and all costs, including without
limitation reasonable attorneys’ fees, incurred by the City as the result of any Breach or as a result
of actions taken by the City in response to any Breach.
(b) The City may withhold any or all outstanding Compensation to reimburse itself or
pay for any and all costs, including without limitation reasonable attorneys’ fees, incurred by the
City as the result of any Breach or as a result of actions taken by the City in response to any Breach.
In that event, the City will pay any excess funds to the Consultant, if any, after all of the City’s costs
are reimbursed or paid. If the Compensation withheld by the City is insufficient to reimburse the City
for, or pay, all costs, then the City will has the right to recover directly from the Consultant a sum of
money sufficient to reimburse itself, or pay, all remaining costs.
8.4 Termination by Consultant for Breach. The Consultant at any time, by written notice,
terminate this Contract on account of failure by the City to properly pay the Consultant and failure
of the City to cure the breach within 10 days after that written notice or such further time as the
Consultant may agree, in the Consultant’s sole discretion, in response to a written notice from the
City seeking additional time to cure.
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ARTICLE 9. LEGAL RELATIONSHIPS
AND GENERAL REQUIREMENTS
9.1 Consultant as Independent Consultant. For purposes of this Contract, the Consultant
is an independent consultant and is not, and may not be construed or deemed to be an employee,
agent, or joint venturer of the City.
9.2 Communications with Regulators. Any written communication by Consultant
directly with applicable governmental regulatory agencies with regard to Services shall be copied to
the City.
9.3 Permits and Licenses. The Consultant must obtain and pay for all permits and
licenses, registrations, qualifications, and other governmental authorizations required by law that are
associated with the Consultant’s performance of Services.
9.4 Safety; Hazardous Materials.
(a) Protection of Health, Environment. The Consultant’s personnel must be experienced
and properly trained to perform the Services and must take adequate precautions to protect human
health and the environment in the performance of Services.
(b) Notice of Hazardous Conditions. If the Consultant observes a potentially hazardous
condition relating to the Services, then the Consultant must bring that condition to the attention of
the City.
(c) Hazardous Materials. The Consultant acknowledges that there may be hazardous
substances, wastes, or materials as defined by applicable Law (“Hazardous Materials”) at a project
site or otherwise associated with Services, and the Consultant under those circumstances must take
appropriate precautions to protect its employees, sub-consultants, and suppliers.
9.5 Ownership of Data and Documents. All data and information, regardless of its
format, developed or obtained under this Contract (collectively “Data”), other than the Consultant’s
confidential information, will be and remain the sole property of the City. The Consultant must
promptly deliver all Data to the City at the City’s request. The Consultant is responsible for the care
and protection of the Data until that delivery. The Consultant may retain one copy of the Data for the
Consultant’s records subject to the Consultant’s continued compliance with the provisions of this
Article. The City hereby indemnifies the Consultant for damages caused by the City’s misuse or
reuse of Data not originally intended.
9.6 Notices. Any notice or communication required by this Contract will be deemed
sufficiently given if in writing and when delivered personally or upon receipt of registered or certified
mail, postage prepaid, with the U.S. Postal Service and addressed as follows:
If to the City: with a copy to:
City Administrator Public Works Director
City of McHenry Public Works Department
333 S. Green Street 1415 Industrial Drive
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McHenry, Illinois 60050 McHenry, Illinois 60050
If to the Consultant: with a copy to:
_________________________ _______________________________________
_________________________ _______________________________________
_________________________ _______________________________________
_________________________ _______________________________________
or to such other address as the party to whom notice is to be given has furnished in writing.
9.7 No Waiver by City. No act, order, approval, acceptance, or payment by the City, nor
any delay by the City in exercising any right under this Contract, will constitute or be deemed to be
an acceptance of any defective, damaged, flawed, unsuitable, nonconforming, or incomplete Services
or operate to waive any requirement or provision of this Contract or any remedy, power, or right of
the City.
9.8 No Third-Party Beneficiaries. This Contract is for the benefit of the City and the
Consultant only and there can be no valid claim made or held against the City or the Consultant by
any third party to be a beneficiary under this Contract.
9.9 Survival of Terms. The following sections will survive the termination of this
Contract: 2.7, 3.2, 6.1, 8.4, 9.7, 9.8, and 9.9.
9.10 Assignments. The Consultant may not assign or transfer any term, obligation, right,
or other aspect of this Contract. If any aspect of this Contract is assigned or transferred, then the
Consultant will remain responsible to the City for the proper performance of the Consultant’s
obligations under this Contract. The terms and conditions of any agreement by the Consultant to
assign or transfer this Contract must include terms requiring the assignee or transferee to fully comply
with this Contract unless otherwise authorized in writing by the City.
9.11 Amendments. This Contract may be amended only in writing executed by the City
and the Consultant.
9.12 Governing Law. The validity, construction, and performance of this Contract and all
disputes between the parties arising out of or related to this Contract will be governed by the laws of
the State of Illinois without regard to choice or conflict of law rules or regulations.
9.13 Compliance with Laws, Grant Regulations. All Services must be provided,
performed, and completed in accordance with all applicable governmental permits, licenses, or other
approvals and authorizations, and with applicable statutes, ordinances, rules, and regulations. The
Consultant also must comply with applicable conditions of any federal, state, or local grant received
by the City with respect to this Contract. The Consultant will be solely responsible for any fines or
penalties that may be imposed or incurred by a governmental agency with jurisdiction over the
Services as a result of the Consultant’s improper performance of, or failure to properly perform, any
Services.
9.14 Representation of No Conflicts. The Consultant represents that, to the best of its
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knowledge, (1) no City employee or agent is financially interested, directly or indirectly, in the
business of the Consultant or this Contract, (2) as of the Effective Date neither the Consultant nor
any person employed by the Consultant has any interest that would conflict in any manner or degree
with the performance of the obligations under this Contract, and (3) neither the Consultant nor any
person employed by or associated with the Consultant may at any time during the Term obtain or
acquire any interest that would conflict in any manner or degree with the performance of the
obligations under this Contract.
9.15 No Collusion. The Consultant represents that the Consultant is not barred from
contracting with a unit of state or local government as a result of (1) a delinquency in the payment
of any tax administered by the Illinois Department of Revenue unless the Consultant is properly
contesting its liability for the tax or the amount of the tax or (2) a violation of either Section 33E-3
or Section 33E-4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E-1 et seq. The
Consultant represents that the only persons, firms, or corporations interested in this Agreement as
principals are those disclosed to the City prior to the execution of this Contract and that this Contract
is made without collusion with any other person, firm, or corporation.
WHEREFORE, the City and the Consultant have caused this Contract to be executed by
their duly authorized representatives as of the Effective Date.
CITY OF MCHENRY
By:
Name: _________ _____________________________
Title: _______________________________________
Date: _______________________________________
INTEGRITY ENVIRONMENTAL SERVICES, INC.
By:
Name: _______________________________________
Title: _______________________________________
Date: _______________________________________
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ATTACHMENT A
SERVICES CHANGE ORDER NO.
In accordance with Section 4.1 of the Contract dated , 20 between the City and the
Consultant, the Parties agree to the following Services Change Order:
1. Change in Services:
2. Change in Project Schedule (attach schedule if appropriate):
3. Change in Completion Date: All Services must be completed on or before: ,
20
4. Change in Compensation:
ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED.
CITY CONSULTANT
[City’s project representative] Signature
Name (Printed or Typed)
, 20 , 20
Date Date
If compensation change greater than $10,000, then City Administrator signature required.
, 20 .
City Administrator Date
If compensation change greater than $20,000, then City Council approval and Mayor signature required.
, 20 .
Mayor Date
195
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 16, 2022
TO: Mayor and City Council
FROM: Troy Strange, P.E., Director of Public Works
RE: Venice Avenue Reconstruction, Engineering Services Task Order
ATT: Request for Proposal Document
HR Green, Inc. Task Order with Scope and Fee Proposal
______________________________________________________________________________
AGENDA ITEM SUMMARY:
Staff requests that the City Council consider approval of a Task Order with HR Green, Inc. for
Professional Engineering Services for design services for the reconstruction of Venice Avenue.
BACKGROUND:
The Fiscal Year 2022/2023 Capital Improvement Program includes $50,000 in General Funding
for design services for the reconstruction of Venice Avenue which is projected to be completed
in Summer of 2023. Venice Avenue is a pavement section which functions as an alley between
Riverside Drive and municipal parking areas adjacent to businesses which front Green Street in
the City’s downtown. The alignment allows for two -way traffic between Court Street and Park
Street and one-way traffic between Park Street and Riverside Drive. This section of pavement
has fallen into disrepair due to lack of resurfacing and poor surface drainage. To alleviate these
issues, staff is recommending a reconstruction of the alignment as well as Court Street which is
adjacent to Venice Avenue and in poor condition. The scope of construction will include: full
pavement removal and replacement, enhancement of pedestrian accommodations to allow for
safe pedestrian movement from City parking facilities on Green Street to Riverside Drive,
concrete curb and gutter, and other necessary and incidental improvements. Staff released a
request for proposals to the City prequalified pool of engineering firms in the beginning of April
for design services for the proposed improvements. A preliminary estimate of cost for
improvements is $500,000 and these costs will be further refined a s a part of the project
development process for FY 23/24 budgeting purposes.
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ANALYSIS:
Four (4) firms submitted a proposal, scope of services, and a project schedule that met the
requirements of the RFP. Sealed proposals for Professional Engineering Services were accepted
from the following firms on April 29, 2022:
• Baxter and Woodman, Inc. $70,750
• Hampton, Lenzini, and Renwick, Inc. $69,215
• HR Green, Inc. $49,845
• Robinson Engineering, Ltd. $62,280
Proposals were examined for conformance with the conditions of the RFP and evaluated based
upon the criteria identified in the RFP. Staff’s recommendation is to proceed with the approval
of a Task Order to HR Green, Inc. in the amount of $49,845
RECOMMENDATION:
Therefore, if Council concurs, it is recommended to approve a Task Order in the amount of
$49,845 to HR Green, Inc. for Professional Engineering Services for the Venice Avenue
Reconstruction Project.
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City of McHenry
REQUEST FOR PROPOSAL
Venice Avenue Reconstruction & Pedestrian Improvements
Response Due Date: April 29, 2022
Submit Sealed Proposals to:
Troy Strange, P.E., Public Works Director
City of McHenry Public Works Department
1415 Industrial Drive
McHenry, IL 60050
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Request for Proposal
2| City of McHenry
Notice to Firms
The City of McHenry is requesting proposals for professional engineering services for the Venice
Avenue Reconstruction & Pedestrian Improvements. The included Preliminary Scope of Services
provides anticipated items which may be required to perform all necessary engineering work
associated with this project. The City intends to begin work immediately upon execution of the
contract with the selected consultant. It is the intent of the City to complete all design and bidding
work by April 1, 2023. This timetable will allow for a timely contract award and construction of the
proposed improvements in the 2023 calendar year.
Project Description
Venice Avenue is a pavement section which functions as an alley between Riverside Drive and
municipal parking areas adjacent to businesses which front Green Street in the City’s downtown.
The alignment allows for two-way traffic between Court Street and Park Street and one-way traffic
between Park Street and Riverside Drive. This section of pavement has fallen into disrepair due
to lack of resurfacing and poor surface drainage. Additionally, this alley is utilized by pedestrians
that flow from the City’s downtown on Green Street to downtown attractions at the south end of
Riverside Drive including Miller Point. Because of this, the City is interested in adding and
maximizing pedestrian accommodations within the existing right of way if feasible. A professional
engineering firm is being sought to design a reconstruction of Venice Avenue as well as Court
Street up to Illinois Route 120 (Elm Street). The City’s intent for the design is to improve existing
drainage by enhancing connections to existing storm sewers, adding concrete gutters, and
reducing runoff to adjacent driveways. Engineering design services are funded in Fiscal Year
2022/2023 which construction intended to be completed in Summer of 2023. A preliminary
engineer’s estimate will be required by December 1, 2022 for capital budgeting purposes with the
intent of a Spring 2023 bid opening.
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Request for Proposal
3| City of McHenry
Preliminary Scope of Services
The Preliminary Scope of Services identifies a potential list of services required to successfully
perform all required professional engineering services in order to complete the proposed project.
Each firm will include with their proposal a Final Proposed Scope of Services, which shall include
any notable exclusions.
1. Preliminary Data Collection
a. GIS Data to be provided by City
b. Review of existing site data provided by the City upon request
c. Julie Locates for utilities within project limits
2. Topographical Survey
a. Survey shall include topography up to the face of garage & outfall inverts
b. Locate property corners and develop approximate right-of-way limits based upon
existing monumentation.
3. Analysis of existing drainage
a. Evaluation for placement of curb/gutter and coordinating layout with existing
storm sewer infrastructure
b. Evaluation of runoff to impacts to adjacent residences
4. Geotechnical Engineering for pavement design & pavement thickness cores
5. Special Waste – City option to include in design engineering scope or include in
construction special provisions
6. Permitting & Environmental
a. Securing of NPDES Permit including submittal of SWPPP & NOI
7. Plan Preparation
a. Engineer’s estimate of cost, contract Proposal including special provisions,
typical sections, schedule of quantities, alignment ties & benchmarks, removal
plan roadway design including replacement of driveways to ROW, landscaping &
restoration plan, ADA details,
b. Delivery of Pre-Final (50%) Plans for staff review & comment
c. Delivery of Final Plans
d. Delivery of Final Design File
8. Design Quality Control & Quality Assurance
9. Bidding Assistance – selected firm to provide responses to RFI and assist with issuance
of addenda
10. Construction Support – selected firm to provide responses to RFI during construction
11. Meetings
a. Kickoff Meeting & 2 Progress Meetings
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Request for Proposal
4| City of McHenry
Final Submittal Requirements
1. All proposals must be signed by an authorized official.
2. Proposals shall include a brief project understanding of not more than one page.
3. A Final Proposed Scope of Services “Services” shall be included with each proposal.
4. An itemized schedule of costs “Compensation” shall be included with each proposal.
5. Proposals shall include a proposed “Project Schedule”.
6. Proposals shall also include a proposed project team chart.
7. All proposals shall be submitted to the City of McHenry, no later than 3:00 PM, April 29,
2022.
8. Proposals must be submitted in the following formats: One Original Proposal Document,
one hard paper copy, and one electronic copy (CD or USB Flash Drive).
9. Proposals must be submitted in one sealed envelope and must be plainly marked with the
title “Venice Avenue Reconstruction & Pedestrian Improvements, Professional
Engineering Services”.
10. All proposals must be shipped to or dropped off in person at the following address:
City of McHenry
Public Works Department
ATTN: Troy Strange, Public Works Director
1415 Industrial Drive
McHenry, Illinois 60050
Selection Criteria
Firms will be evaluated based upon the following criteria:
1. Completeness of project understanding and proposed scope of services
2. Ability to meet project schedule
3. Proposed project team and availability of such team
4. Overall not to exceed costs
Schedule
RFP Made Available 4/4/22
Deadline for Request for Information (RFI)
All RFI’s Closed, All Addenda Issued
Deadline for Submittal of Proposals
Final Consultant Selection
PSA Approval by City Council & Notice to Proceed
4/20/22
4/27/22
4/29/22
5/4/22
5/16/22
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Request for Proposal
5| City of McHenry
Conditions Agreed To
All conditions included in the original Request for Qualifications shall be considered as
part of this RFP. By means of their prequalification it is understood that prequalified firms shall
adhere to any and all conditions required by the original Request for Qualifications process and
document.
Professional Service Agreement
Upon selection of a firm, the City and selected firm shall execute a Task Order for the
previously executed Master Agreement, which serves as the general agreement between each
pre-qualified consultant and the City of McHenry. The selected firm’s Final Proposed Scope of
Services “Services”, proposed “Project Schedule”, and itemized schedule of costs
“Compensation” shall be inserted into the Task Order and shall become a part of the contract.
Questions and Addenda
All inquiries regarding this RFP shall be submitted via e-mail to Troy Strange, Public Works
Director, at tstrange@cityofmchenry.org no later than April 20, 2022. The City of McHenry
reserves the right to not respond to any or all inquiries. Responses will be provided in a written
addendum with both inquiries and responses, without stating the source of the inquiry via e-mail
not later than April 27, 2022.
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Certification
I hereby certify that the information contained in this Proposal, including all attachments
thereto, is true and accurate to the best of my knowledge.
Name: ________________________________________
Signature: ________________________________________
Title: ________________________________________
Firm: ________________________________________
Date: ________________________________________
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Version2.1 02212019
Proposal For
Venice Avenue Reconstruction & Pedestrian Improvements Project
From N. Riverside Drive to Court Street
&
Court Street from Venice Ave. to W. Elm St. (IL Rte. 120)
(Survey, Phase II Engineering Design, & Bid Assistance Services)
Mr. Troy Strange, P.E.
Public Works Director
City of McHenry Public Works Department
1415 Industrial Drive
McHenry, IL 60050
Prepared by:
Chad Pieper, P.E.
HR Green, Inc.
1391 Corporate Drive, Suite 203
McHenry IL, 60050
HR Green Project: 220626
April 29, 2022
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TABLE OF CONTENTS
AUTHORIZED OFFICAL SIGNATURE PAGE
PROJECT UNDERSTANDING
PROPOSED SCOPE OF SERVICES
COMPENSATION
PROJECT SCHEDULE
PROJECT TEAM CHART
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Certification
I hereby certify that the information contained in this Proposal, including all attachments
thereto, is true and accurate to the best of my knowledge.
Name: ________________________________________
Signature: ________________________________________
Title: ________________________________________
Firm: ________________________________________
Date: ________________________________________
Timothy J. Hartnett
HR Green, Inc.
4/29/2022
Vice President / Principal
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Project Understanding
The services required for this project are to include survey, design, bid/construction document
preparation, permitting services, bidding assistance, and construction support for the Venice
Avenue Reconstruction & Pedestrian Improvements Project. Geotechnical and CCDD Material
Analysis/Assessment Services shall also be included within this proposal. The project limits
include:
1. Venice Avenue: Project Area from North Court Street to North Riverside Drive
intersection. The total length for Venice Ave portion of project is estimated to be 686
feet along roadway centerline.
2. Court Street: Project Area from Venice Ave. to south right-of-way of W. Elm St. (IL Rte.
120). The total length for Court Street portion of the project is estimated to be 388 feet
along roadway centerline.
The proposed improvements include roadway reconstruction with hot-mix asphalt (HMA)
pavement; combination concrete curb and gutter and/or concrete gutter where barrier curb is
not applicable; pedestrian sidewalk and on-street accommodations; driveway pavement
replacement for proper transition; and restoration. There are sidewalks located along both sides
of Court Street’s northern segment and therefore improvements for ADA ramps and sidewalk
repair have been included herein.
It is understood that the existing sanitary sewer and water main utilities are in acceptable
condition and contain adequate capacity; therefore, these improvements are not included
herein. Also, CLIENT has recently constructed new storm sewer with structures in advance of
this project at various locations along Venice Avenue. Therefore, no additional storm sewer
infrastructure is anticipated within this project scope other than what is required for
inlet/manhole adjustment and minimal storm sewer extension for proposed roadway alignment
purposes.
The services required for this project are to include construction support by providing responses
to Requests for Information regarding project design and construction documents and assist
with issuance of addenda to Contractors as required. All improvements are anticipated to be
located within the existing City right-of-way and no temporary construction easements or utility
easements will be required.
CLIENT will utilize local funds on the project only and therefore no state or federal funds are
anticipated to be utilized.
The project is anticipated to be let in the spring of 2023.
The plans will be prepared in accordance with standard design guidelines from:
• City of McHenry details, policies, and ordinances, as applicable
• Illinois Department of Transportation (IDOT) Standards for Road and Bridge
Construction, as applicable
• IDOT Bureau of Local Roads Manual, Policies and Procedures, as applicable
• Illinois Environmental Protection Agency (IEPA) policies, as applicable
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Scope of Services
The CLIENT agrees to employ COMPANY to perform the following Survey, Design, Bidding and
Construction Support services for Venice Avenue Reconstruction & Pedestrian Improvements
Project:
▪ Topographic Survey
▪ Conceptual, Preliminary, and Final Design Services
▪ Construction Document Preparation
▪ Permitting Coordination & Application
▪ Bidding & Construction Support Services
▪ Meetings
The following outlines additional detail our specific approach to providing the services
mentioned above.
Topographic Survey
COMPANY will provide the Right of Way (ROW ) and Topographic Survey services associated
with the subject project which will include the following:
COMPANY will recover ROW evidence for approximately 1,000 feet of Venice Avenue and
Court Street from Elm Street to Riverside Drive. COMPANY will calculate the existing ROW as
shown on provided Plat of Dedication/right-of-way maps and recorded subdivision plats to
include on the base map. Topographic survey will include roadway cross-sections at 50-foot
intervals and extend 10 feet outside of the ROW or to any garage faces. Existing visible features
and improvements will be surveyed. Existing utilities will be surveyed from visible flags or
markings. Storm sewer including outfalls to Fox River, sanitary sewer, and water main
structures will be surveyed, including rim elevation, invert pipe size, direction and elevation as
observed at unlocked manholes. Trees lying within the limits described above and having a
diameter of 6” or greater will be located but species not identified. Survey will reference existing
NGS control stations on Illinois State Plane Coordinate System East Zone NAD83 (2011) and
NAVD88.
Design Services
COMPANY will provide roadway design services associated with the Venice Avenue
Reconstruction & Pedestrian Improvement Project. The following information was utilized to
develop the scope of work associated with design service:
1. Roadway improvements include approximately 1,074 feet of existing urban residential
street reconstruction with HMA pavement and pedestrian sidewalk and/or path
accommodations from existing municipal parking areas adjacent to businesses which
front Green Street and the City’s downtown business area.
2. We anticipate the proposed roadway section will match existing conditions and consist
of approximately 24’ pavement width to accommodate two (2) 12’ travel lanes for North
Court St. and Venice from North Court St. to North Park St. (two-way segment). For
the one-way segment of Venice Avenue from North Park St. to North Riverside Drive
an anticipated 14’ travel lane with pedestrian carriage walk on the back of barrier curb
is possible and will be coordinated with CLIENT during conceptual design phase.
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3. The proposed roadway typical section will include B-6.12 curb and gutter and/or
concrete v-gutter, where applicable.
4. Existing utility information shall be developed from the above ground facilities picked
up by the topographic survey, painted utility locations, information acquired from the
utility owners (utility atlas), and City GIS data.
5. The proposed horizontal alignment of Venice Avenue and Court Street, and at all
intersecting streets within the project limits, are anticipated to match existing and
remain within existing right-of-way.
6. The proposed roadway profile is anticipated to match existing profile unless there is a
reason for profile adjustment as determined during design.
7. Will utilize City standard pavement design which includes HMA pavement surface
course, HMA binder course, over sub-base granular material, and porous granular
embankment, special (as needed).
8. P.C.C. Sidewalk is located along both sides of the northern portion of Court Street.
The existing and proposed pedestrian improvements will be designed per Illinois
ADA/PROWAG standards and requirements.
9. Geotechnical investigation is included within this contract by a sub-consultant of the
COMPANY. This work will include a total of three (3) pavement cores with subgrade
moisture content determination to verify soil bearing conditions.
10. Perform environmental testing of soil to obtain IEPA LPC 662 certification.
11. Driveway slopes will be evaluated for slope improvements and reconstructed to the
appropriate transition point or to right-of-way as coordinated with CLIENT preference.
COMPANY will coordinate with CLIENT on any driveway improvements that might be
considered beyond the right-of-way.
12. Traffic control will consist of providing one lane of traffic during construction of the two-
way segment and lane closure of the one-way segment with detour utilized. Plan
detailing the lane closure will be provided.
13. Access to driveways shall be maintained during construction except for short-term
temporary closures.
14. There are existing streetlights on existing utility poles within the project limits. Some of
the utility poles are not anticipated to require relocation. COMPANY will provide
coordination efforts with electric utility company for utility pole protection during
construction. No new lighting improvements are anticipated and therefore lighting
improvements are not included herein.
15. Parkways will be restored using CLIENT preference (i.e.: topsoil placement with sod or
seed).
16. Roadway Plan and Profile drawings will be prepared for the project limits on a 1” = 20’
scale.
17. COMPANY will distribute electronic plan copies to utility companies with facilities
within the project limits. It is assumed that there will be no conflicts due to the scope of
work.
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18. Develop pay items utilizing IDOT standard pay items when possible.
19. Schedule of quantities will include removal, roadway, curb and gutter, driveway, and
drainage items.
20. Proposed pavement markings will be limited to intersections and pedestrian facilities
only and details of those areas will be provided.
21. Cross-sections will be provided at 50-foot intervals and at all intersecting roadways
and driveways.
22. COMPANY will coordinate with City staff and IEPA as required for NPDES permitting
to assist in the securing of the NPDES permitting (i.e.: preparation of Stormwater
Pollution Prevention Plan and Notice of Intent).
23. Project will be locally funded and let. Anticipated that the improvements shall be built
within the existing right-of-way and no additional right-of-way or easements are
required.
24. No structural elements will be required (retaining walls) and have not been included in
this proposal.
Construction Document Preparation
COMPANY will develop contract plans for the proposed improvements based on engineering
analysis and design scope detailed above. Submittal of the roadway and pedestrian access
plans to CLIENT for review and concurrence will occur at the 50% Pre-final and 100% Final Bid
Document milestones. Additional submittals will be made to utilities as applicable to provide
appropriate coordination with affected utilities.
Review comments will be incorporated into the plans and a disposition of comments provided to
all reviewers.
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The following sheets will be included as part of the contract plans:
Item No. of
Sheets
Cover Sheet / Index of Sheets 1
General Notes / List of Highway Standards 2
Summary of Quantities 2
Typical Sections 1
Schedule of Quantities 5
Alignment and Benchmarks 1
Traffic Control Plan 3
Removal Plan 3
Roadway/Drainage Plan and Profiles 3
Erosion Control Plans 3
Intersection Pavement Elevation Plans 1
Miscellaneous Details 3
Cross-Sections 6
Total No. of Sheets (Improvement Plans) 36
COMPANY will prepare the following bid documents and specifications (as applicable) for
inclusion in the contract documents:
1. Complete the CLIENT’s Standard Bid Forms (blank electronic copy to be provided by
CLIENT).
2. Supplemental Specifications and Recurring Special Provisions.
3. Project Special Provisions (including those required by CLIENT).
4. BLR Special Provisions, as required.
5. BDE Special Provisions, as required.
COMPANY will prepare an Engineer’s Opinion of Probable Construction Cost (EOPCC) for the
project and submit to CLIENT for review and approval at the 50% Pre-final and 100% percent
milestones.
COMPANY will prepare an Estimate of Time (EOT) needed for construction of the proposed
improvements and submit to CLIENT for review and approval at the 100% milestone.
Permitting
The project limit is located in the corporate limits of the City of McHenry. It is understood that
the Venice Avenue Reconstruction and Pedestrian Improvements project is governed by the
City’s Stormwater Ordinance and policies and this proposal reflects this assumption.
A Stormwater Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) will be prepared, in
order to comply with the requirements of the National Pollutant Discharge Elimination System
(NPDES), established by the Illinois Environmental Protection Agency (IEPA). The SWPPP and
NOI will be included with the specifications. Additionally, COMPANY shall prepare and submit
to the IEPA the Notice of Intent and Notice of Termination for the proposed project
improvements.
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Meetings and Coordination
COMPANY shall attend the below detailed meetings and prepare required exhibits and meeting
minutes for distribution to attendees. The required number of meetings is estimated.
COMPANY will have up to two attendees at each meeting. If the meetings differ from this
contract as directed by the CLIENT, additional work will be covered per an addendum.
▪ One (1) Kick-off meeting with CLIENT.
▪ Two (2) Progress Review meetings with City Staff have been budgeted; one (1) meeting
each will occur at the 30% Conceptual Design point and 50% Pre-final milestone. The
Final Plans (100%) milestone deliverables shall also include the Final Plan Design file.
▪ Up to two (2) City Board meeting attendance, as necessary.
▪ One (1) Bid Opening meeting and bidding period services.
This task also involves the management oversight of the project, which includes the on-going
review of the project design, schedule and budget, contract file management, general
coordination and correspondence between COMPANY, the CLIENT, the review agencies, and
sub-consultants.
Bidding Assistance
COMPANY shall provide letting and bidding assistance as detailed below:
1. COMPANY will assist the CLIENT in advertisement for bid. It is assumed that the fees
for advertisement are not included in this contract proposal and will be paid for by the
CLIENT as a reimbursement or directly.
2. COMPANY will prepare the bid documents for the project, excluding the front-end bid
documents. However, if CLIENT desires COMPANY to prepare and include forms
necessary for obtaining contractor proposals, services can provided with a contract
amendment.
3. COMPANY will respond to questions from contractors during the bid period and issue
addendum, if necessary.
Construction Support
COMPANY shall provide construction support assistance as detailed below:
COMPANY will assist the CLIENT during construction phase by providing responses to
Requests for Information (RFI) and assist with issuance of addenda associated with project
design components.
Items not included in Services
The following items are not included as part of this agreement:
COMPANY has proposed an approach/scope of services that aligns to the CLIENT’s request. As
the project progresses, additional services could potentially be needed. COMPANY is a full-service
firm with specialized professionals available at a moment’s notice if the need arises. Our scope of
services outlined in this section and engineering fee estimate does not include the following:
212
Professional Services Agreement
Venice Avenue Reconstruction & Pedestrian Improvements Project
HR Green Project No. 220626
April 29, 2022
Page 7 of 9
Version2.3 02052021
1. Permit fees as applicable
2. Water main modeling or design
3. Sanitary sewer design or modeling
4. Environmental studies
5. Location Drainage Study services
6. Structural design services
7. Right of way and easement plat preparation
8. Construction staking
9. Archaeological or endangered species surveys
10. Wetland delineations
11. Structural Design components such as retaining walls
12. Construction Observation services
Supplemental services not included in the agreement can be provided by COMPANY under a
contract amendment or a separate agreement, if desired.
Services by Others
COMPANY will add a subcontractor to the project team that best aligns with the goals of the
project to provide geotechnical engineering and material testing services.
The Geotechnical subcontractor will obtain three (3) pavement cores and hand augers to a
maximum depth of 3 feet each, if possible, below the existing ground surface. The pavement at
each location will be cored using a conventional coring machine equipped with a 4-inch
diameter diamond cutting barrel. A dynamic cone penetrometer (DCP) test will be performed to
a depth of 18 inches below the bottom of the existing pavement and subbase sections. Then,
the aggregate base course (if encountered) and subgrade will be investigated directly using a
hand auger and hand tools as required. Representative samples of the subgrade will be
collected for testing. The thickness of each soil layer will be measured directly and recorded in
the field. Additionally, soil content will be analyzed for special waste materials and results
provided to design team and CLIENT for consideration in bid/construction document
preparation.
City Responsibilities
CLIENT shall provide available data/information as follows:
1. Available ROW data.
2. Applicable utilities data and reports for subject project area and adjacent drainage basins
including system modeling as applicable.
3. Field locations, existing and preferred construction materials.
4. Attend project progress meetings.
213
Professional Services Agreement
Venice Avenue Reconstruction & Pedestrian Improvements Project
HR Green Project No. 220626
April 29, 2022
Page 8 of 9
Version2.3 02052021
Compensation
ITEM MAN-
HOURS
LABOR
COST
DIRECT
COST (1)
SUB
CONSULTING
Design Services
ROW & Topographic Survey 50 $6,000.00 $100.00
Design & Construction
Document Preparation
254
$33,105.00 $400.00
Permitting 4 $ 595.00
Bidding Services 6 $ 1,160.00
Construction Support 6 $ 1,120.00
Meetings, Coordination,
Admin. 20 $ 4,195.00 $300.00
Environmental Testing
(CCCD) $1,450.00
Geotechnical Testing $1,420.00
Sub-Total Design 340 $46,175.00 $800.00 $2,870.00
Proposal Total: $49,845.00
(1) Direct Costs: Includes Postage, Mileage for Meetings/Field Visits.
214
Professional Services Agreement
Venice Avenue Reconstruction & Pedestrian Improvements Project
HR Green Project No. 220626
April 29, 2022
Page 9 of 9
Version2.3 02052021
Project Schedule
Design Notice to Proceed .................................................................. May 16, 2022
Survey (weather dependent) ............................................................ June 17, 2022
Geotechnical Investigation ............................................................... June 17, 2022
50% Submittal to CLIENT ................................................................ Sept 16, 2022
Receipt of Comments ...................................................................... Sept 30, 2022
100% First Submittal to CLIENT ......................................................... Dec 2, 2022
Receipt of Comments from City Staff ................................................ Dec 16, 2022
100% Final Submittal to CLIENT ....................................................... Dec 30, 2022
Advertisement ...................................................................................... Jan 9, 2023
Target Local Bid Opening .................................................................... Feb 3, 2023
Anticipated Construction Start.. ........................................................... ...April 2023
This schedule was prepared to include reasonable allowances for review and approval
times required by the CLIENT and public authorities having jurisdiction over the project.
This schedule shall be equitably adjusted as the project progresses, allowing for
changes in the scope of the project requested by the CLIENT or for delays or other
causes beyond the control of COMPANY.
215
Proposed Project Team Chart
Venice Avenue Reconstruction
Chad J. Pieper, PE
Client Manager
Scott Creech, PE
Project Manager
Timothy J. Hartnett
Principal In Charge
Logan Gilbertsen, PE CFM
Drainage Engineer
Tylar Ballah
Project Engineer
John Boline, PLS
Survey
Jeff Strazalka, PE
QC/QA
216
ATTACHMENT A
TASK ORDER
In accordance with Section 1.2 of the Master Contract dated ___________, 20___ between the
City of McHenry (the “City”) and [CONSULTANT]. (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]
Professional Engineering Design Services for Venice Avenue Reconstruction
Scope of Services included in HR Green, Inc. Proposal is attached.
Project Schedule included in HR Green, Inc. Proposal is attached.
April 1 23
Compensation included in HR Green, Inc. Proposal is attached.
May 16 22
2
217
2
CITY HR GREEN, INC.
Signature Signature
Director of Public Works
And Engineering
Printed Name
, 20 , 20
Date Date
If greater than, $[2,500], the City Administrator’s signature is required.
Signature
City Administrator
, 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
218
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 16, 2022
TO: Mayor and City Council
FROM: Troy Strange, P.E., Director of Public Works
RE: City Hall Parking Lot , Engineering Services Task Order
ATT: Request for Proposal Document
HR Green, Inc. Task Order with Scope and Fee Proposal
______________________________________________________________________________
AGENDA ITEM SUMMARY:
Staff requests that the City Council consider approval of a Task Order with HR Green, Inc. for
Professional Engineering Services for design services for the rehabilitation of the City Hall Parking
Lot.
BACKGROUND:
The Fiscal Year 2022/2023 Capital Improvement Program includes $60,000 in General Funding
for design services for the rehabilitation of the City Hall Parking Lot which is projected to be
completed in Summer of 2023. The scope of the construction will include full pavement removal
and replacement, base preparation including subgrade repairs, spot curb removals, full s idewalk
replacements, brick work at entrances, ADA accessibility improvements, and the addition of a
handful of parking spots in the north end of the lot. Additionally, staff is considering the
evaluation of alternatives for certain points of ingress/egre ss to reduce points of conflict. The
existing lighting system is to remain in place. Because of potential ADA accessibility
improvements and traffic engineering considerations, staff recommended that a firm be retained
for design services as the scope of improvements is well beyond that of basic maintenance
resurfacing. Staff released a request for proposals to the City prequalified pool of engineering
firms in the beginning of April for design services for the proposed improvements. A preliminary
estimate of cost for improvements is $500,000 and these costs will be further refined as a part
of the project development process for FY 23/24 budgeting purposes.
219
ANALYSIS:
Four (4) firms submitted a proposal, scope of services, and a project schedule that met the
requirements of the RFP. Sealed proposals for Professional Engineering Services were accepted
from the following firms on April 29, 2022:
• Baxter and Woodman, Inc. $39,950
• Hampton, Lenzini, and Renwick, Inc. $60,155
• HR Green, Inc. $24,850
• Robinson Engineering, Ltd. $54,030
Proposals were examined for conformance with the conditions of the RFP and evaluated based
upon the criteria identified in the RFP. Staff’s recommendation is to proceed with the approval
of a Task Order to HR Green, Inc. in the amount of $24,850.00
RECOMMENDATION:
Therefore, if Council concurs, it is recommended to approve a Task Order in the amount of
$24,850.00 to HR Green, Inc. for Professional Engineering Services for the City Hall Parking Lot
Rehabilitation Project.
220
City of McHenry
REQUEST FOR PROPOSAL
City Hall Parking Lot Rehabilitation
Response Due Date: April 29, 2022
Submit Sealed Proposals to:
Troy Strange, P.E., Public Works Director
City of McHenry Public Works Department
1415 Industrial Drive
McHenry, IL 60050
221
Request for Proposal
2| City of McHenry
Notice to Firms
The City of McHenry is requesting proposals for professional engineering services for the Venice
Avenue Reconstruction & Pedestrian Improvements. The included Preliminary Scope of Services
provides anticipated items which may be required to perform all necessary engineering work
associated with this project. The City intends to begin work immediately upon execution of the
contract with the selected consultant. It is the intent of the City to complete all design and bidding
work by April 1, 2023. This timetable will allow for a timely contract award and construction of the
proposed improvements in the 2023 calendar year.
Project Description
The McHenry City Hall parking lot serves as the primary parking facility for public visitors to City
Hall, City staff, and the McHenry Police Department. The lot was originally constructed in 1990
and the pavement is at the end of its useful life. The lot is scheduled for major rehabilitation in
2023 and the scope of construction is to include full pavement removal and replacement, base
preparation including subgrade repairs, spot curb removals, full sidewalk replacements, brick
work at entrances, ADA accessibility improvements, and the addition of a handful of parking spots
in the north end of the lot. The existing lighting system is to remain in place. It is the City’s
intention that full access to the building will be maintained at all times throughout the duration of
construction which will require staged construction and potentially off-site parking. Engineering
design services are funded in Fiscal Year 2022/2023 with construction intended to be completed
in Summer of 2023. A preliminary engineer’s estimate will be required by December 1, 2022 for
capital budgeting purposes with the intent of a Spring 2023 bid opening.
222
Request for Proposal
3| City of McHenry
Preliminary Scope of Services
The Preliminary Scope of Services identifies a potential list of services required to successfully
perform all required professional engineering services in order to complete the proposed project.
Each firm will include with their proposal a Final Proposed Scope of Services, which shall include
any notable exclusions.
1. Preliminary Data Collection
a. GIS Data to be provided by City
b. Review of existing site data provided by the City upon request
c. Julie Locates for utilities within project limits
2. Topographical Survey
a. Survey shall include topography up all building entrances for ADA accessibility
details
3. Geotechnical Engineering for pavement design & pavement thickness cores
4. Maintenance of Traffic & Staging Plan
5. Evaluation of minor configuration alternatives
a. Pavement marking configuration for access at Municipal Drive
b. Pavement configuration for access to Police section of parking lot (north end)
6. Special Waste – City option to include in design engineering scope or include in
construction special provisions
7. Permitting & Environmental
a. Securing of NPDES Permit including submittal of SWPPP & NOI
8. Plan Preparation
a. Engineer’s estimate of cost, contract proposal including special provisions, typical
sections, schedule of quantities, alignment ties & benchmarks, removal plan,
parking lot layout, landscaping & restoration plan, ADA details.
b. Delivery of Pre-Final (50%) Plans for staff review & comment
c. Delivery of Final Plans
d. Delivery of Final Design File
9. Design Quality Control & Quality Assurance
10. Bidding Assistance – selected firm to provide responses to RFI and assist with issuance
of addenda
11. Construction Support – selected firm to provide responses to RFI during construction
12. Meetings
a. Kickoff Meeting & 2 Progress Meetings
223
Request for Proposal
4| City of McHenry
Final Submittal Requirements
1. All proposals must be signed by an authorized official.
2. Proposals shall include a brief project understanding of not more than one page.
3. A Final Proposed Scope of Services “Services” shall be included with each proposal.
4. An itemized schedule of costs “Compensation” shall be included with each proposal.
5. Proposals shall include a proposed “Project Schedule”.
6. Proposals shall also include a proposed project team chart.
7. All proposals shall be submitted to the City of McHenry, no later than 3:00 PM, April 29,
2022.
8. Proposals must be submitted in the following formats: One Original Proposal Document,
one hard paper copy, and one electronic copy (CD or USB Flash Drive).
9. Proposals must be submitted in one sealed envelope and must be plainly marked with the
title “City Hall Parking Lot Rehabilitation, Professional Engineering Services”.
10. All proposals must be shipped to or dropped off in person at the following address:
City of McHenry
Public Works Department
ATTN: Troy Strange, Public Works Director
1415 Industrial Drive
McHenry, Illinois 60050
Selection Criteria
Firms will be evaluated based upon the following criteria:
1. Completeness of project understanding and proposed scope of services
2. Ability to meet project schedule
3. Proposed project team and availability of such team
4. Overall not to exceed costs
Schedule
RFP Made Available 4/4/22
Deadline for Request for Information (RFI)
All RFI’s Closed, All Addenda Issued
Deadline for Submittal of Proposals
Final Consultant Selection
PSA Approval by City Council & Notice to Proceed
4/20/22
4/27/22
4/29/22
5/4/22
5/16/22
224
Request for Proposal
5| City of McHenry
Conditions Agreed To
All conditions included in the original Request for Qualifications shall be considered as
part of this RFP. By means of their prequalification it is understood that prequalified firms shall
adhere to any and all conditions required by the original Request for Qualifications process and
document.
Professional Service Agreement
Upon selection of a firm, the City and selected firm shall execute a Task Order for the
previously executed Master Agreement, which serves as the general agreement between each
pre-qualified consultant and the City of McHenry. The selected firm’s Final Proposed Scope of
Services “Services”, proposed “Project Schedule”, and itemized schedule of costs
“Compensation” shall be inserted into the Task Order and shall become a part of the contract.
Questions and Addenda
All inquiries regarding this RFP shall be submitted via e-mail to Troy Strange, Public Works
Director, at tstrange@cityofmchenry.org no later than April 20, 2022. The City of McHenry
reserves the right to not respond to any or all inquiries. Responses will be provided in a written
addendum with both inquiries and responses, without stating the source of the inquiry via e-mail
not later than April 27, 2022.
225
Certification
I hereby certify that the information contained in this Proposal, including all attachments
thereto, is true and accurate to the best of my knowledge.
Name: ________________________________________
Signature: ________________________________________
Title: ________________________________________
Firm: ________________________________________
Date: ________________________________________
226
Proposal For:
City Hall Parking Lot Rehabilitation Project
(Survey, Phase II Engineering Design, Bid Assistance & Construction Support Services)
Mr. Troy Strange, P.E.
Public Works Director
City of McHenry Public Works Department
1415 Industrial Drive
McHenry, IL 60050
Prepared by:
Chad Pieper, P.E.
HR Green, Inc.
1391 Corporate Drive, Suite 203
McHenry IL, 60050
815.759.8346
HR Green Project: 220624
April 29, 2022
227
TABLE OF CONTENTS
AUTHORIZED OFFICAL SIGNATURE PAGE
PROJECT UNDERSTANDING
PROPOSED SCOPE OF SERVICES
COMPENSATION
PROJECT SCHEDULE
PROJECT TEAM CHART
228
Certification
I hereby certify that the information contained in this Proposal, including all attachments
thereto, is true and accurate to the best of my knowledge.
Name: ________________________________________
Signature: ________________________________________
Title: ________________________________________
Firm: ________________________________________
Date: ________________________________________
Timothy J. Hartnett
HR Green, Inc.
4/29/2022
Vice President / Principal
229
Proposal For
City Hall Parking Lot Rehabilitation Project
HR Green Project No. 220624
April 29, 2022
Page 1 of 8
Project Understanding
The services required for this project are to include survey, design, bid/construction document
preparation, permitting services, bidding assistance, and construction support for the City Hall
Parking Lot Rehabilitation Project. Geotechnical and CCDD Material Analysis/Assessment
Services shall also be included within this proposal.
The proposed improvements include full reconstruction of the existing parking lot from Municipal
Drive to the Rec Center access drive with hot-mix asphalt (HMA) pavement; replacement of
concrete curb and gutter and/or concrete barrier curb where required; removal of existing
islands to accommodate access and additional parking; and regrading of building access points
to meet current ADA requirements.
The major challenge for this project is going to be construction staging. The Police Department
will need to have controlled access to their portion of the building at all times. Pedestrian
access will need to be maintained to the City Hall Building and access to the mail and bill drop
boxes will need to be considered. Traffic flow will also be reviewed and any changes to site
striping will be made to improve the traffic flow patterns.
It is understood that the existing storm sewer is in acceptable condition and contains adequate
capacity; therefore, no improvements are to be included herein.
The services required for this project are to include construction support by providing responses
to Requests for Information regarding project design and construction documents and assist
with issuance of addenda to Contractors as required. All improvements are anticipated to be
located within the existing City property and no temporary construction easements or utility
easements will be required.
The City will utilize local funds on the project only and therefore no state or federal funds are
anticipated to be utilized.
The plans will be prepared in accordance with standard design guidelines from:
• City of McHenry details, policies, and ordinances, as applicable
• Illinois Department of Transportation (IDOT) Standards for Road and Bridge
Construction, as applicable
• IDOT Bureau of Local Roads Manual, Policies and Procedures, as applicable
• Illinois Environmental Protection Agency (IEPA) policies, as applicable
The project is anticipated to be let in the spring of 2023 – As HR Green was part of the project
team for the original design of the City Hall, we look forward to being able to continue to be a
part of this project.
230
Proposal For
City Hall Parking Lot Rehabilitation Project
HR Green Project No. 220624
April 29, 2022
Page 2 of 8
Scope of Services
It is anticipated that the following services will be required for the City Hall Parking Lot
Rehabilitation project:
▪ Topographic Survey
▪ Conceptual, Preliminary, and Final Design Services
▪ Construction Document Preparation
▪ Permitting Coordination and Application
▪ Bidding and Construction Support Services
▪ Meetings
The following outlines additional detail to our specific approach to providing the services
mentioned above.
Topographic Survey
HR Green will provide the Topographic Survey services associated with the subject project
which will include the following:
Survey will include visible, above ground, improvements lying within those limits. The survey
will extend to five (5) feet beyond the existing curb and will include area to the building face as
to include pedestrian access to the building. HR Green will locate visible manhole structures
and provide invert depths and pipe sizes (at unlocked manholes) on public storm, sanitary, and
water main utilities located within the limits specified above. HR Green will attempt to map the
underground utilities within the limits specified above based on best available information (i.e.,
Julie markings, CITY Atlas, evidence observed at each manhole). All Trees and bushes will be
located and shown on the survey, but species will not be identified. Elevations will be based
upon NAVD88 or local benchmarks. Coordinates will be tied to the Illinois State Plane, East
Zone (NAD 83) Coordinate System. The drawing will be completed in AutoCAD 2022.
Design Services
HR Green will provide design services associated with the City Hall Parking Lot Rehabilitation
Project as follows:
1. Design of Full Reconstruction of the existing City Hall Parking lot with HMA material.
2. A concept phase will be required to approve island removals, traffic flow
improvements, and ADA building access. Approval of this concept will become the
basis of design for the project.
3. Concrete curb will be removed and replaced as necessary.
4. Existing drainage flow patterns will be maintained. No additional storm sewer will be
designed. Existing overflow routes will be maintained. It is assumed that the
additional impervious area added as a part of island removal will be below the
threshold requiring additional stormwater detention.
5. The existing parking lot lighting will be maintained. No additional lighting will be
required.
231
Proposal For
City Hall Parking Lot Rehabilitation Project
HR Green Project No. 220624
April 29, 2022
Page 3 of 8
6. Sidewalk removals and replacements will be provided as required.
7. A recommended construction staging plan will be developed during concept
planning. This will aim to provide access to the building at all times. Anticipated
construction durations will be utilized to assist with stage development.
8. Geotechnical investigation is included within this contract by a sub-consultant of HR
Green. This work will include pavement cores with subgrade moisture content
determination to verify soil bearing conditions.
9. Perform environmental testing of soil to obtain IEPA LPC 662 certification.
10. Driveway slopes will be evaluated for slope improvements and reconstructed to the
appropriate transition point or to right-of-way as coordinated with City preference.
HR Green will coordinate with City on any driveway improvements that might be
considered beyond the right-of-way.
11. Traffic control and pedestrian control will be recommended in the proposed
construction staging plan.
12. All existing landscaped areas that are disturbed will be restored in kind using City
preference (i.e.: topsoil placement with sod or seed). Any additional plant material,
such as additional trees required by the City, can be incorporated.
13. Roadway Plan and Profile drawings will be prepared for the project limits on a 1” =
20’ scale.
14. It is assumed that there will be no utility conflicts due to the scope of work. JULIE
locates will be performed prior to any pavement core operations.
15. Develop pay items utilizing IDOT standard pay items when possible.
16. Schedule of quantities will be developed for use during the bidding and construction
stages of the project.
17. HR Green will coordinate with City staff and IEPA as required for NPDES permitting
to assist in the securing of the NPDES permitting (i.e.: preparation of Stormwater
Pollution Prevention Plan and Notice of Intent).
18. Project will be locally funded and let. Anticipated that the improvements shall be built
within the existing City owned property and no additional property or easements are
required.
19. No structural elements will be required (retaining walls) and have not been included
in this proposal.
Construction Document Preparation
HR Green will develop contract plans for the proposed improvements based on the concept
plan approved by the City. Submittal of the plans to City for review and concurrence will occur
at the 50% Pre-final and 100% Final Bid Document milestones.
Review comments will be incorporated into the plans and a disposition of comments provided to
all reviewers.
232
Proposal For
City Hall Parking Lot Rehabilitation Project
HR Green Project No. 220624
April 29, 2022
Page 4 of 8
The following sheets will be included as part of the contract plans:
Item No. of
Sheets
Cover Sheet / Index of Sheets 1
General Notes / Summary of Quantities 1
Demolition Plan 1
Site Plan/Striping 1
Grading Plan/ADA Entrance Detail Grading 2
Erosion Control / Restoration Plan 2
Details/Typical Sections 2
Total No. of Sheets (Improvement Plans) 10
HR Green will prepare the following bid documents and specifications (as applicable) for
inclusion in the contract documents:
1. Complete the City’s Standard Bid Forms (blank electronic copy to be provided by City).
2. Project Special Provisions.
HR Green will prepare an Engineer’s Opinion of Probable Construction Cost (EOPCC) for the
project and submit to City for review and approval at the 50% Pre-final and 100% percent
milestones.
HR Green will prepare a recommended order of contractor operations as a guide to address the
critical staging issues for this project.
Permitting
The project limit is located in the corporate limits of the City of McHenry. It is understood that
the City Hall Parking Lot Rehabilitation project is governed by the City’s Stormwater Ordinance
and policies and this proposal reflects this assumption.
A Stormwater Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) will be prepared, in
order to comply with the requirements of the National Pollutant Discharge Elimination System
(NPDES), established by the Illinois Environmental Protection Agency (IEPA). The SWPPP and
NOI will be included with the specifications. HR Green shall prepare and submit to the IEPA the
Notice of Intent and Notice of Termination for the proposed project improvements.
Additionally, HR Green will prepare a McHenry Stormwater Permit application for this project.
Meetings and Coordination
HR Green shall attend the below detailed meetings and prepare required exhibits and meeting
minutes for distribution to attendees. The required number of meetings is estimated. HR Green
will have up to two attendees at each meeting. If the meetings differ from this contract as
directed by the City, additional work will be covered per an addendum.
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Proposal For
City Hall Parking Lot Rehabilitation Project
HR Green Project No. 220624
April 29, 2022
Page 5 of 8
▪ One (1) Kick-off meeting with City.
▪ Two (2) Progress Review meetings with City Staff have been budgeted; one (1)
meeting each will occur at the Conceptual Design point and 50% Design milestone.
▪ Up to two (2) City Board meeting attendance, as necessary.
▪ One (1) Bid Opening meeting, as necessary.
This task also involves the management oversight of the project, which includes the on-going
review of the project design, schedule and budget, contract file management, general
coordination and correspondence between HR Green, the City, the review agencies, and sub-
consultants.
Bidding Assistance
HR Green shall provide letting and bidding assistance as detailed below:
1. HR Green will assist the City in advertisement for bid. It is assumed that the fees for
advertisement are not included in this contract proposal and will be paid for by the City
as a reimbursement or directly.
2. HR Green will prepare the bid documents for the project, excluding the front-end bid
documents. However, if City desires HR Green to prepare and include forms
necessary for obtaining contractor proposals, services can be provided with a contract
amendment.
3. HR Green will respond to questions from contractors during the bid period and issue
addendum, if necessary.
Construction Support
HR Green will assist the City during construction phase by providing responses to Requests for
Information (RFI) and assist with issuance of addenda associated with project design
components.
Items not included in Services
The following items are not included as part of this proposal:
HR Green has proposed an approach/scope of services that aligns to the City’s request. As the
project progresses, additional services could potentially be needed. HR Green is a full-service firm
with specialized professionals available at a moment’s notice if the need arises. Our scope of
services outlined in this section and engineering fee estimate does not include the following:
1. Permit fees as applicable
2. Environmental studies
3. Location Drainage Study services
4. Archaeological or endangered species surveys
5. Construction Observation services
6. Record Drawing Surveys
Supplemental services not included in the agreement can be provided by HR Green under a
contract amendment or a separate agreement, if desired.
234
Proposal For
City Hall Parking Lot Rehabilitation Project
HR Green Project No. 220624
April 29, 2022
Page 6 of 8
Services by Others
HR Green will add a subcontractor to the project team that best aligns with the goals of the
project to provide geotechnical engineering and material testing services.
The geotechnical subcontractor will obtain pavement cores and hand augers to a maximum
depth of 3 feet each, if possible, below the existing ground surface. The pavement at each
location will be cored using a conventional coring machine equipped with a 4-inch diameter
diamond cutting barrel. A dynamic cone penetrometer (DCP) test will be performed to a depth
of 18 inches below the bottom of the existing pavement and subbase sections. Then, the
aggregate base course (if encountered) and subgrade will be investigated directly using a hand
auger and hand tools as required. Representative samples of the subgrade will be collected for
testing. The thickness of each soil layer will be measured directly and recorded in the field.
Additionally, soil content will be analyzed for special waste materials and results provided to
design team and City for consideration in bid/construction document preparation. CCDD forms
will be provided as necessary.
City Responsibilities
It is assumed that the City shall provide available data/information as follows:
1. Any existing plans
2. Applicable utilities data and reports for subject project area and adjacent drainage
basins including system modeling as applicable
3. Field locations, existing and preferred construction materials
4. Attend project progress meetings
235
Proposal For
City Hall Parking Lot Rehabilitation Project
HR Green Project No. 220624
April 29, 2022
Page 7 of 8
Compensation
TASK MAN-
HOURS
LABOR
COST
SUB
CONSULTING
Survey
Topographic Survey 20 $3,000.00
Design Services
Plan Preparation 114 $15,100.00
Permitting 8 $1,200.00
Bidding Services 4 $600.00
Construction Support 4 $600.00
Meetings, Coordination, Admin. 9 $1,350.00
Environmental Testing (CCCD) $1,450.00
Geotechnical Testing $1,550.00
Sub-Total Design 139 $18,850.00 $3,000.00
PROJECT TOTALS 159 $24,850.00
236
Proposal For
City Hall Parking Lot Rehabilitation Project
HR Green Project No. 220624
April 29, 2022
Page 8 of 8
Project Schedule
Design Notice to Proceed .................................................................. May 16, 2022
Kick-off Meeting ................................................................................. May 23,2022
Survey (weather dependent) ............................................................ June 17, 2022
Geotechnical Investigation ............................................................... June 30, 2022
Concept Stage Submittal/Update Meeting ........................................ July 28, 2022
50% Submittal to City ........................................................................ Aug 26, 2022
Receipt of Comments/Update Meeting .............................................. Sept 9, 2022
100% First Submittal to City ............................................................... Oct 14, 2022
Receipt of Comments from City Staff ................................................. Oct 28, 2022
100% Final Submittal to City ............................................................. Nov 18, 2022
Advertisement ...................................................................................... Jan 9, 2023
Target Local Bid Opening .................................................................... Feb 3, 2023
Anticipated Construction Start ............................................................... April 2023
*This schedule was prepared to include reasonable allowances for review and approval
times required by the City. This schedule shall be equitably adjusted as the project
progresses, allowing for changes in the scope of the project requested by the City or for
delays or other causes beyond the control of HR Green.
237
Proposed Project Team Chart
City Hall Parking Lot Rehabilitation
Chad J. Pieper, PE
Project Manager
Timothy J. Hartnett
Principal In Charge
Logan Gilbertsen, PE CFM
Drainage Engineer
Tim Hauser, EIT
Project Engineer
John Boline, PLS
Survey
Todd Richards, PE
QC/QA
238
ATTACHMENT A
TASK ORDER
In accordance with Section 1.2 of the Master Contract dated ___________, 20___ between the
City of McHenry (the “City”) and [CONSULTANT]. (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]
Professional Engineering Design Services for McHenry City Hall Parking Lot Rehabilitation.
Scope of Services included in HR Green, Inc. Proposal is attached.
Project Schedule included in HR Green, Inc. Proposal is attached.
April 1 23
Compensation included in HR Green, Inc. Proposal is attached.
May 16 22
1
239
2
CITY HR GREEN, INC.
Signature Signature
Director of Public Works
And Engineering
Printed Name
, 20 , 20
Date Date
If greater than, $[2,500], the City Administrator’s signature is required.
Signature
City Administrator
, 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
240
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 16, 2022
TO: Mayor and City Council
FROM: Troy Strange, P.E., Director of Public Works
Steve Wirch, Field Operations Manager
RE: Bulk Rock Salt Purchase
ATT: Bid Tabulation
Lake County Contract Proposal
Acceptance of Proposal to Furnish Materials and Approval of Award (BLR 12330)
______________________________________________________________________________
AGENDA ITEM SUMMARY:
Staff requests City Council to consider awarding a bulk rock salt contract to Morton Salt, Inc.,
Chicago, Illinois obtained through a joint bid process coordinated by the Lake County Purchasing
Department. Staff further requests City Council to consider approval of a contract contingency
allowance for a twenty percent overage on the contract.
BACKGROUND:
The Public Works Department utilizes road salt for the purpose of maintaining safe operating
conditions for vehicles traveling on City roadways. To secure materials at competitive pricing,
staff has partnered with other local agencies to jointly bid the purchase of materials and secure
volume pricing. Early this year, the City joined several municipal agencies, townships, and county
agencies in Lake and McHenry Counties to solicit bids for road salt. The Lake County Division of
Transportation facilitated the bid specifications and solicitation. A request for 1,500 tons of road
salt was submitted to Lake County by City staff.
ANALYSIS:
On April 12, 2022, the following bids were received:
• Cargill, Inc. Salt, Road Safety - North Olmsted, Ohio: $99.05/Ton
• Compass Minerals America, Inc.- Overland Park, Kansas: $88.57/Ton
• Morton Salt – Chicago, Illinois: $87.89/Ton
241
Funding for the purchase of salt for snow and ice control is budgeted in the Fiscal Year 2022/2023
Street Division Operating Budget Materials and Supplies Account (100-33-6110) in an estimated
amount of $125,000.00.
The contract includes an allowance to order up to a twenty percent overage on the original
contract quantity. Should the need arise based upon the conditions of the 2022-2023 winter
operations season, staff will require the authorization of the City Council to utilize this provision.
Staff is therefore requesting City Council to approve a contingency allowance for this twen ty
percent overage of 300 tons in the amount of $26,367.00.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended that a motion be made to award a material
supply contract for bulk rock salt to Morton Salt, Inc., Chicago, Illinois in the amount of
$131,835.00 (1,500 tons @ $87.89 per ton). It is further recommended that a motion be made
to approve a contingency allowance for a twenty percent overage on the contract in the
amount of $26,367.00.
242
Section:23-00000-05-GM
CPMS Pin:B-01568
Let Date:4/12/2022
City, State, Zip Bond/Check
North Olmsted, OH 44070 Bid Bond
Overland Park, KS 66210 Bid Bond
Chicago, IL 60606 Bid Bond
THE LOW BIDS FOR EACH AGENCY, (80%-120%, 120% - 150% & EARLY DELIVERY) ARE HIGHLIGHTED
UNIT OF GOVERNMENT U OF M QUANTITY Cargill, Inc - Deicing
Technology Business
Compass Minerals
America, Inc Morton Salt, Inc
80% - 120%
UNIT PRICE $96.730 $86.460 $79.270
120% - 150%
UNIT PRICE $101.730 $96.460 $89.270
EARLY DELIVERY
UNIT PRICE $96.730 $86.460 $79.270
80% - 120%
UNIT PRICE $97.930 $85.000 $78.650
120% - 150%
UNIT PRICE $102.930 $95.000 $88.650
EARLY DELIVERY
UNIT PRICE $97.930 $85.000 $78.650
80% - 120%
UNIT PRICE $101.060 $84.850 $77.730
120% - 150%
UNIT PRICE $106.060 $94.850 $87.730
EARLY DELIVERY
UNIT PRICE $101.060 $84.850 $77.730
80% - 120%
UNIT PRICE $99.260 $86.460 $79.540
120% - 150%
UNIT PRICE $104.260 $96.460 $89.540
EARLY DELIVERY
UNIT PRICE $99.260 $86.460 $79.540
Project: 2023 PATROL 1 - ROCK SALT
Description: FURNISH AND DELIVER ROCK SALT
Compass Minerals America, Inc.9900 W. 109th Street, Suite 100
Summary of Bids Received
AddressBidder
Morton Salt, Inc.
24950 Country Club Blvd. Suite 450
Early Delivery unit price is for delivery between July 15, 2022 and November 1, 2022; 80% - 120% unit price & 120% - 150% unit price are for delivery after November 1, 2022.
444 W. Lake Street, Suite 3000
Cargill, Inc. - Salt, Road Safety
Lake County
Lake County Townships
380.0
3 Antioch Township TONS
Lake County Forest
Preserve District TONS
4 Avon Township TONS 900.0
3000.0
1 Lake County Division of
Transportation TONS 16000.0
2
Revised 5/16/16243
UNIT OF GOVERNMENT U OF M QUANTITY Cargill, Inc - Deicing
Technology Business
Compass Minerals
America, Inc Morton Salt, Inc
80% - 120%
UNIT PRICE $97.640 $88.570 $79.640
120% - 150%
UNIT PRICE $102.640 $98.570 $89.640
EARLY DELIVERY
UNIT PRICE $97.640 $88.570 $79.640
80% - 120%
UNIT PRICE $93.710 $88.390 $79.610
120% - 150%
UNIT PRICE $98.710 $98.390 $89.610
EARLY DELIVERY
UNIT PRICE $93.710 $88.390 $79.610
80% - 120%
UNIT PRICE $99.190 $86.460 $79.540
120% - 150%
UNIT PRICE $104.190 $96.460 $89.540
EARLY DELIVERY
UNIT PRICE $99.190 $86.460 $79.540
80% - 120%
UNIT PRICE $96.630 $85.000 $78.650
120% - 150%
UNIT PRICE $101.630 $95.000 $88.650
EARLY DELIVERY
UNIT PRICE $96.630 $85.000 $78.650
80% - 120%
UNIT PRICE $98.120 $86.460 $79.270
120% - 150%
UNIT PRICE $101.120 $96.460 $89.270
EARLY DELIVERY
UNIT PRICE $98.120 $86.460 $79.270
80% - 120%
UNIT PRICE $98.630 $84.850 $82.580
120% - 150%
UNIT PRICE $103.630 $94.850 $92.580
EARLY DELIVERY
UNIT PRICE $98.630 $84.850 $82.580
80% - 120%
UNIT PRICE $92.860 $88.570 $84.870
120% - 150%
UNIT PRICE $97.860 $98.570 $94.870
EARLY DELIVERY
UNIT PRICE $92.860 $88.570 $84.870
9 Libertyville Township TONS 900.0
10 Newport Township TONS 300.0
350.0TONSVernon Township
Ela Township TONS 900.05
8 Lake Villa Township TONS 1200.0
7 Grant Township TONS 1600.0
6 Fremont Township TONS 600.0
Lake County Townships (continued)
11
Revised 5/16/16244
UNIT OF GOVERNMENT U OF M QUANTITY Cargill, Inc - Deicing
Technology Business
Compass Minerals
America, Inc Morton Salt, Inc
80% - 120%
UNIT PRICE $98.400 $85.000 $78.480
120% - 150%
UNIT PRICE $103.400 $95.000 $88.480
EARLY DELIVERY
UNIT PRICE $98.400 $85.000 $78.480
80% - 120%
UNIT PRICE $97.100 $88.570 $80.350
120% - 150%
UNIT PRICE $102.100 $98.570 $90.350
EARLY DELIVERY
UNIT PRICE $97.100 $88.570 $80.350
80% - 120%
UNIT PRICE $96.970 $85.000 $78.410
120% - 150%
UNIT PRICE $101.970 $95.000 $88.410
EARLY DELIVERY
UNIT PRICE $96.970 $85.000 $78.410
80% - 120%
UNIT PRICE $101.230 $84.850 $77.730
120% - 150%
UNIT PRICE $106.230 $94.850 $87.730
EARLY DELIVERY
UNIT PRICE $101.230 $84.850 $77.730
80% - 120%
UNIT PRICE $89.350 $86.460 $84.870
120% - 150%
UNIT PRICE $94.350 $96.460 $94.870
EARLY DELIVERY
UNIT PRICE $89.350 $86.460 $84.870
80% - 120%
UNIT PRICE $92.200 $89.590 $86.470
120% - 150%
UNIT PRICE $97.200 $99.590 $96.470
EARLY DELIVERY
UNIT PRICE $92.200 $89.590 $86.470
80% - 120%
UNIT PRICE $96.660 $84.850 $77.600
120% - 150%
UNIT PRICE $101.660 $94.850 $87.600
EARLY DELIVERY
UNIT PRICE $96.660 $84.850 $77.600
750.0
700.018
17
15
Village of Barrington
TONSVillage of Beach Park
TONS
1200.0TONS
TONS 300.0
Lake County Townships (continued)
Village of Antioch
12 3000.0
120.014Waukegan Township
Wauconda Township
Warren Township TONS
TONS
TONS
13 600.0
Lake County Communities
Village of Bannockburn16
Revised 5/16/16245
UNIT OF GOVERNMENT U OF M QUANTITY Cargill, Inc - Deicing
Technology Business
Compass Minerals
America, Inc Morton Salt, Inc
80% - 120%
UNIT PRICE $91.180 $88.570 $78.870
120% - 150%
UNIT PRICE $96.180 $98.570 $88.870
EARLY DELIVERY
UNIT PRICE $91.180 $88.570 $78.870
80% - 120%
UNIT PRICE $90.710 $88.570 $78.530
120% - 150%
UNIT PRICE $95.710 $98.570 $88.530
EARLY DELIVERY
UNIT PRICE $90.710 $88.570 $78.530
80% - 120%
UNIT PRICE $95.430 $86.460 $86.980
120% - 150%
UNIT PRICE $100.430 $96.460 $96.980
EARLY DELIVERY
UNIT PRICE $95.430 $86.460 $86.980
80% - 120%
UNIT PRICE $97.550 $86.460 $79.350
120% - 150%
UNIT PRICE $102.550 $96.460 $89.350
EARLY DELIVERY
UNIT PRICE $97.550 $86.460 $79.350
80% - 120%
UNIT PRICE $96.220 $85.000 $78.480
120% - 150%
UNIT PRICE $101.220 $95.000 $88.480
EARLY DELIVERY
UNIT PRICE $96.220 $85.000 $78.480
80% - 120%
UNIT PRICE $97.840 $86.460 $83.710
120% - 150%
UNIT PRICE $102.840 $96.460 $93.710
EARLY DELIVERY
UNIT PRICE $97.840 $86.460 $83.710
80% - 120%
UNIT PRICE $87.800 $88.570 $78.530
120% - 150%
UNIT PRICE $92.800 $98.570 $88.530
EARLY DELIVERY
UNIT PRICE $87.800 $88.570 $78.530
1750.019
25 City of Highland Park TONS 1600.0
2500.0
TONS
Lake County Communities (continued)
24
23
21
Village of Deerfield
1800.0
Village of Buffalo Grove
20
Village of Fox Lake
TONS
2600.0
TONS
Village of Gurnee
22
TONS 1250.0
TONS
Village of Grayslake
Village of Hainesville
TONS
250.0
Revised 5/16/16246
UNIT OF GOVERNMENT U OF M QUANTITY Cargill, Inc - Deicing
Technology Business
Compass Minerals
America, Inc Morton Salt, Inc
80% - 120%
UNIT PRICE $91.250 $88.390 $78.530
120% - 150%
UNIT PRICE $96.250 $98.390 $88.530
EARLY DELIVERY
UNIT PRICE $91.250 $88.390 $78.530
80% - 120%
UNIT PRICE $97.640 $88.570 $80.740
120% - 150%
UNIT PRICE $102.640 $98.570 $90.740
EARLY DELIVERY
UNIT PRICE $97.640 $88.570 $80.740
80% - 120%
UNIT PRICE $93.640 $88.570 $79.650
120% - 150%
UNIT PRICE $98.640 $98.570 $89.650
EARLY DELIVERY
UNIT PRICE $93.640 $88.570 $79.650
80% - 120%
UNIT PRICE $92.460 $86.460 $78.870
120% - 150%
UNIT PRICE $97.460 $96.460 $88.870
EARLY DELIVERY
UNIT PRICE $92.460 $86.460 $78.870
80% - 120%
UNIT PRICE $99.660 $85.000 $78.650
120% - 150%
UNIT PRICE $104.660 $95.000 $88.650
EARLY DELIVERY
UNIT PRICE $99.660 $85.000 $78.650
80% - 120%
UNIT PRICE $96.630 $86.460 $79.270
120% - 150%
UNIT PRICE $101.630 $96.460 $89.270
EARLY DELIVERY
UNIT PRICE $96.630 $86.460 $79.270
80% - 120%
UNIT PRICE $94.570 $88.390 $78.870
120% - 150%
UNIT PRICE $99.570 $98.390 $88.870
EARLY DELIVERY
UNIT PRICE $94.570 $88.390 $78.870
1900.0
1000.0TONS26City of Highwood
500.0Village of Lincolnshire
Lake County Communities (continued)
27 Village of Island Lake TONS 800.0
900.0
Village of Lake Villa
Village of Libertyville TONS
28
TONS32
City of Lake Forest TONS
TONSVillage of Kildeer
31
29
30
3000.0
940.0TONS
Revised 5/16/16247
UNIT OF GOVERNMENT U OF M QUANTITY Cargill, Inc - Deicing
Technology Business
Compass Minerals
America, Inc Morton Salt, Inc
80% - 120%
UNIT PRICE $96.070 $85.000 $78.650
120% - 150%
UNIT PRICE $101.070 $95.000 $88.650
EARLY DELIVERY
UNIT PRICE $96.070 $85.000 $78.650
80% - 120%
UNIT PRICE $97.960 $86.460 $80.350
120% - 150%
UNIT PRICE $102.960 $96.460 $90.350
EARLY DELIVERY
UNIT PRICE $97.960 $86.460 $80.350
80% - 120%
UNIT PRICE $80.070 $86.460 $78.870
120% - 150%
UNIT PRICE $85.070 $96.460 $88.870
EARLY DELIVERY
UNIT PRICE $80.070 $86.460 $78.870
80% - 120%
UNIT PRICE $94.230 $88.390 $79.610
120% - 150%
UNIT PRICE $99.230 $98.390 $89.610
EARLY DELIVERY
UNIT PRICE $94.230 $88.390 $79.610
80% - 120%
UNIT PRICE $82.620 $85.000 $79.270
120% - 150%
UNIT PRICE $87.620 $95.000 $89.270
EARLY DELIVERY
UNIT PRICE $82.620 $85.000 $79.270
80% - 120%
UNIT PRICE $98.250 $85.000 $79.340
120% - 150%
UNIT PRICE $103.250 $95.000 $89.340
EARLY DELIVERY
UNIT PRICE $98.250 $85.000 $79.340
80% - 120%
UNIT PRICE $96.150 $86.460 $79.540
120% - 150%
UNIT PRICE $101.150 $86.460 $89.540
EARLY DELIVERY
UNIT PRICE $96.150 $86.460 $79.540
Lake County Communities (continued)
150.0
TONS 1400.0
650.0Village of Lindenhurst
34 Village of Long Grove
TONS33
TONSCity of North Chicago
Village of Mundelein TONS
1500.037
36 1000.0
35 Village of Mettawa TONS
39
38
Village of Round Lake TONS 1600.0
City of Park City TONS 150.0
Revised 5/16/16248
UNIT OF GOVERNMENT U OF M QUANTITY Cargill, Inc - Deicing
Technology Business
Compass Minerals
America, Inc Morton Salt, Inc
80% - 120%
UNIT PRICE $96.400 $86.460 $79.540
120% - 150%
UNIT PRICE $101.400 $96.460 $89.540
EARLY DELIVERY
UNIT PRICE $96.400 $86.460 $79.540
80% - 120%
UNIT PRICE $98.730 $86.460 $83.710
120% - 150%
UNIT PRICE $103.730 $96.460 $93.710
EARLY DELIVERY
UNIT PRICE $98.730 $86.460 $83.710
80% - 120%
UNIT PRICE $95.130 $88.390 $79.270
120% - 150%
UNIT PRICE $100.130 $98.390 $89.270
EARLY DELIVERY
UNIT PRICE $95.130 $88.390 $79.270
80% - 120%
UNIT PRICE $96.230 $84.850 $77.240
120% - 150%
UNIT PRICE $101.230 $94.850 $87.240
EARLY DELIVERY
UNIT PRICE $96.230 $84.850 $77.240
80% - 120%
UNIT PRICE $99.190 $88.570 $80.350
120% - 150%
UNIT PRICE $104.190 $98.570 $90.350
EARLY DELIVERY
UNIT PRICE $99.190 $88.570 $80.350
Lake County Communities (continued)
44
40
Village of Round Lake
Heights TONS 300.0
1300.0TONSVillage of Round Lake
Beach
43 Village of Wadsworth TONS 500.0
42 Village of Vernon Hills TONS 1600.0
41
Village of Wauconda TONS 875.0
Revised 5/16/16249
UNIT OF GOVERNMENT U OF M QUANTITY Cargill, Inc - Deicing
Technology Business
Compass Minerals
America, Inc Morton Salt, Inc
80% - 120%
UNIT PRICE $91.210 $89.590 $83.550
120% - 150%
UNIT PRICE $96.210 $99.590 $93.550
EARLY DELIVERY
UNIT PRICE $91.210 $89.590 $83.550
80% - 120%
UNIT PRICE $90.620 $88.570 $79.540
120% - 150%
UNIT PRICE $95.620 $98.570 $89.540
EARLY DELIVERY
UNIT PRICE $90.620 $88.570 $79.540
80% - 120%
UNIT PRICE $89.890 $89.590 $77.870
120% - 150%
UNIT PRICE $94.890 $99.590 $87.870
EARLY DELIVERY
UNIT PRICE $89.890 $89.590 $77.870
80% - 120%
UNIT PRICE $88.240 $89.590 $79.500
120% - 150%
UNIT PRICE $93.240 $99.590 $89.500
EARLY DELIVERY
UNIT PRICE $88.240 $89.590 $79.500
80% - 120%
UNIT PRICE $87.970 $89.590 $79.330
120% - 150%
UNIT PRICE $92.970 $94.590 $89.330
EARLY DELIVERY
UNIT PRICE $87.970 $89.590 $79.330
80% - 120%
UNIT PRICE $89.970 $89.590 $79.540
120% - 150%
UNIT PRICE $94.970 $99.590 $89.540
EARLY DELIVERY
UNIT PRICE $89.970 $89.590 $79.540
45
Cook County Communities
47 Village of Glenview TONS 2500.0
46 Village of Glencoe TONS 1200.0
City of Des Plaines TONS 2000.0
50 Village of Winnetka TONS 1440.0
49 Village of Wilmette TONS 850.0
48 Village of Kenilworth TONS 250.0
Revised 5/16/16250
UNIT OF GOVERNMENT U OF M QUANTITY Cargill, Inc - Deicing
Technology Business
Compass Minerals
America, Inc Morton Salt, Inc
80% - 120%
UNIT PRICE $96.720 $89.590 $87.830
120% - 150%
UNIT PRICE $101.720 $99.590 $97.830
EARLY DELIVERY
UNIT PRICE $96.720 $89.590 $87.830
80% - 120%
UNIT PRICE $98.050 $88.570 $86.750
120% - 150%
UNIT PRICE $103.050 $98.570 $96.750
EARLY DELIVERY
UNIT PRICE $98.050 $88.570 $86.750
80% - 120%
UNIT PRICE $97.880 $90.410 $80.750
120% - 150%
UNIT PRICE $102.880 $100.410 $90.750
EARLY DELIVERY
UNIT PRICE $97.880 $90.410 $80.750
80% - 120%
UNIT PRICE $96.440 $89.590 $80.360
120% - 150%
UNIT PRICE $101.440 $99.590 $90.360
EARLY DELIVERY
UNIT PRICE $96.440 $89.590 $80.360
80% - 120%
UNIT PRICE $100.050 $88.570 $82.720
120% - 150%
UNIT PRICE $105.050 $98.570 $92.720
EARLY DELIVERY
UNIT PRICE $100.050 $88.570 $82.720
80% - 120%
UNIT PRICE $100.520 $86.460 $86.270
120% - 150%
UNIT PRICE $105.520 $96.460 $96.270
EARLY DELIVERY
UNIT PRICE $100.520 $86.460 $86.270
80% - 120%
UNIT PRICE $98.490 $88.570 $86.750
120% - 150%
UNIT PRICE $103.490 $98.570 $96.750
EARLY DELIVERY
UNIT PRICE $98.490 $88.570 $86.750
McHenry County Townships
51 Algonquin Township TONS 1500.0
52 McHenry Township TONS 2500.0
54 Village of Fox River
Grove TONS 700.0
55 City of Woodstock TONS 1800.0
McHenry County Communities
53 Village of Cary TONS 1500.0
56 Village of Richmond TONS 250.0
57 Village of Johnsburg TONS 1250.0
Revised 5/16/16251
UNIT OF GOVERNMENT U OF M QUANTITY Cargill, Inc - Deicing
Technology Business
Compass Minerals
America, Inc Morton Salt, Inc
80% - 120%
UNIT PRICE $95.850 $91.630 $85.630
120% - 150%
UNIT PRICE $100.850 $101.630 $95.630
EARLY DELIVERY
UNIT PRICE $95.850 $91.630 $85.630
80% - 120%
UNIT PRICE $98.680 $89.590 $86.960
120% - 150%
UNIT PRICE $103.680 $99.590 $96.960
EARLY DELIVERY
UNIT PRICE $98.680 $89.590 $86.960
80% - 120%
UNIT PRICE $101.570 $88.390 $84.460
120% - 150%
UNIT PRICE $106.570 $98.390 $94.460
EARLY DELIVERY
UNIT PRICE $101.570 $88.390 $84.460
80% - 120%
UNIT PRICE $100.240 $89.590 $88.350
120% - 150%
UNIT PRICE $105.240 $99.590 $98.350
EARLY DELIVERY
UNIT PRICE $100.240 $89.590 $88.350
80% - 120%
UNIT PRICE $99.050 $88.570 $87.890
120% - 150%
UNIT PRICE $104.050 $98.570 $97.890
EARLY DELIVERY
UNIT PRICE $99.050 $88.570 $87.890
80% - 120%
UNIT PRICE $100.040 $88.570 $87.890
120% - 150%
UNIT PRICE $105.040 $98.570 $97.890
EARLY DELIVERY
UNIT PRICE $100.040 $88.570 $87.890
58 Village of Algonquin TONS 2800.0
59 City of Crystal Lake TONS 7500.0
McHenry County Communities (continued)
62 City of McHenry TONS 1500.0
63 Village of Prairie Grove TONS 500.0
60 Village of Spring Grove TONS 600.0
61 Village of Wonder Lake TONS 450.0
Revised 5/16/16252
UNIT OF GOVERNMENT U OF M QUANTITY Cargill, Inc - Deicing
Technology Business
Compass Minerals
America, Inc Morton Salt, Inc
80% - 120%
UNIT PRICE $111.790 $108.590
120% - 150%
UNIT PRICE $116.790 $118.590
EARLY DELIVERY
UNIT PRICE $111.790 $108.590
NO
BID
McHenry County DOT - Rock Salt (Enhanced)
64 McHenry County DOT TONS 4000.0
Revised 5/16/16253
Local Public Agency Material Proposal
or Deliver & Install Proposal
Page 1 of 3 BLR 12240 (Rev. 01/21/21)Printed 03/22/22
Material proposal Deliver and Install Proposal Plans
Local Public Agency
Lake County DOT
County
Lake
Section Number
23-00000-05-GM
Proposal Submitted By:
Contractor's Name
Contractor's Address City State Zip Code
STATE OF ILLINOIS
Street Name/Road Name
Various County Highways
Type of Funds
Project Name
2023 Patrol I Maintenance - Rock Salt
For a County and Road District Project
Submitted/Approved
Highway Commissioner Signature Date
Submitted/Approved
County Engineer/Superintendent of Highways Date
For a Municipal Project
Submitted/Approved/Passed
Signature Date
Official Title
Department of Transportation
Released for bid based on limited review
Regional Engineer Signature Date
Note: All proposal documents, including Proposal Guaranty Checks or Proposal Bid Bonds, should be stapled together to prevent loss
when bids are processed.
County Engineer on behalf of IDOT pursuant to
Agreement of Understanding dated May 3, 2018
254
BLR 12240 (Rev. 01/21/21)Page 2 of 3Printed 03/23/22
Local Public Agency
Lake County DOT
County
Lake
Section Number
23-00000-05-GM
NOTICE TO BIDDERS
2. Prequalification
By Order of
Awarding Authority
County Board of Lake County
County Engineer/Superintendent of Highways/Municipal Clerk
Shane E. Schneider, P.E., County Engineer
Material Proposal or Deliver & Install Proposal
To
Awarding Authority
County Board of Lake County
If this bid is accepted within 45 days from the date of opening, the undersigned agrees to furnish or to deliver & install any or all of the
materials, at the quoted unit prices, subject to the following:
the "Supplemental Specifications and Recurring Special Provisions", adopted
Transportation, shall govern insofar as they may be applied and insofar as they do not conflict with the special provision and
supplemental specifications attached hereto.
, prepared by the Department of
2. It is understood that quantities listed are approximate only and that they may be increased or decrease as may be needed to properly
complete the improvement within its present limits or extensions thereto, at the unit prices stated and that bids will be compared on the
basis of total price bid for each group.
3. Delivery in total or partial shipments as ordered shall be made within the time specified in the special provisions or by the acceptance
at the point and in the manner specified in the "Schedule of Prices". If delivery on the job site is specified, it shall mean any place or
paces on the road designed by the awarding authority or its authorized representative.
4. The contractor and/or local public agency performing the actual material placement operations shall be responsible for providing work
zone traffic control, unless otherwise specified in this proposal. Such devices shall meet the requirements of and be installed in
accordance with applicable provisions of the "Illinois Manual on Uniform Traffic Control Devices" and any referenced Illinois Highway
Standards.
01/01/22
01/01/22
Sealed proposals for the project described below will be received at the office of
Name of Office
the County Engineer of Lake County
Address
600 West Winchester Road, Libertyville, IL 60048 until
Time
10:00 AM on
Date
04/12/22 .
If checked, the 2 low bidders must file within 24 hours after the letting an "Affidavit of Availability" (Form BC 57) in duplicate, showing
all uncompleted contracts awarded to them and all low bids pending award for Federal, State, County, Municipal and private work.
One original shall be filed with the Awarding Authority and one original with the IDOT District Office.
3. The Awarding Authority reserves the right to waive technicalities and to reject any or all proposals as provided in BLRS Special
Provision for Bidding Requirements and Conditions for Material/Deliver and Install Proposals.
4. A proposal guaranty in the proper amount, as specified in the BLRS Special Provision for Bidding Requirements and Conditions for
Material/Deliver and Install Proposals, will be required. See the attached Special Provisions for specific instructions for proposal
guaranty for this proposal packet.
5. The successful bidder at the time of execution of the contract will be required to deposit a contract bond or proposal guaranty as
provided for in the special provisions. Failure on the part of the contractor to deliver the material within the time specified or to do the
work specified herein will be considered just cause to forfeit his surety as provided in Article 108.10 of the Standard Specifications.
6. Proposals shall be submitted on forms furnished by the Awarding Authority and shall be enclosed in an envelope endorsed "Material
".
Date
03/17/22
1. It is understood and agreed that the "Standard Specifications for Road and Bridge Construction", adopted and
Awarding Authority Address
18 North County Street
City
Waukegan
State
IL
Zip Code
60085
Proposal, Section 23-00000-05-GM
Plans and proposal forms will be available online at https://www.lakecountypurchasingportal.com/ or at the office of the Lake County
Division of Transportation, 600 West Winchester Road, Libertyville, Illinois 60048.
1.
255
BLR 12240 (Rev. 01/21/21)Page 3 of 3Printed 03/23/22
Local Public Agency
Lake County DOT
County
Lake
Section Number
23-00000-05-GM
5. Each pay item should have a unit price and a total price. If no total price is shown or if there is a discrepancy between the product of
the unit price multiplied by the quantity, the unit price shall govern. If a unit price is omitted, the total price will be divided by the
quantity in order to establish a unit price. A bid will be declared unacceptable if neither a unit price nor a total price is shown.
6. A proposal guaranty in the proper amount, as specified in BLRS Special Provision for Bidding Requirements and Conditions for
Contract Proposals, will be required. The proposal guaranty as specified in the special provisions is attached.
If a bid bond is allowed or required, Department form BLR 12230 or a proposal guaranty check, complying with the specifications,
Treasurer of Lake County
The amount of the check is ().
.made payable to:
Attach Cashier's Check or Certified Check Here
In the event that one proposal guaranty check is intended to cover two or more bid proposals, the amount must be equal to the
sum of the proposal guaranties which would be required for each individual bid proposal. If the proposal guaranty check is place
in another bid proposal, state below where it may be found.
The proposal guaranty check will be found in the bid proposal for:Section Number ).
Discounts will be allowed for payment as follows:calendar days calendar days
Discounts will not be considered in determining the low bidder
Bidder
By Title
City State Zip CodeAddress
256
V5 10.8.2019
VENDOR DISCLOSURE STATEMENT
Vendor Name:
Address:
Contact Person: Contact Phone #:
Bid/RFP/SOI/Contract/Renewal:
Vendors wishing to contract with Lake County for goods and services in an amount greater than $30,000 shall submit this
form in advance of award. This disclosure statement is not required for utility companies regulated by the Illinois
Commerce Commission or local units of government. Vendors shall disclose:
‐ A familial relationship between a Lake County elected official, department director, deputy director and manager
and owners, principals, executives, officers, account managers or other similar managerial positions of the
vendor’s company. Familial relationship is defined as a spouse (including civil partner), child, stepchild, parent,
stepparent, grandparent, in‐laws (including parent, grandparent, sibling, or child), relatives and non‐relatives
living in the same residence, and offspring born to any aforementioned person.
‐ All political campaign contributions made by the vendor or an owner, principal, executive, officer, account
manager, or other similar managerial position of the vendor to any county board member, county board chair, or
countywide elected official within the last five years.
If there is nothing to report in a section, please state none in the appropriate space.
FAMILIAL RELATIONSHIPS
List names and departments/agencies of Lake County employees or public officials with whom owners, principals, or
officers of the vendor’s company have a familial relationship and the nature of the relationship. Attach additional pages
as necessary. (Provide all names or state none in the space below. Do not leave blank.)
Name and Department/Agency of Lake County
Employee/Public Official Familial Relationship
CAMPAIGN CONTRIBUTIONS
List campaign contributions that have been made within the last five years that exceed $150 annually. Attach additional
pages as necessary. (Provide all names or state none in the space below. Do not leave blank.)
Recipient Donor
Description (e.g., cash,
type of item, in‐kind service,
etc.)Amount/Value Date Made
Continuing disclosure is required if information changes. This Vendor Disclosure Statement form is available at
www.lakecountyil.gov.
The full text of the County’s Ethics and Procurement policies and ordinances are available at www.lakecountyil.gov.
I hereby acknowledge that the information above is accurate and complete, that I am an authorized signer on
behalf of the vendor, that I have read and understand these disclosure requirements, and that I agree to update
this information if there are any related changes by submitting a new Vendor Disclosure Statement.
Authorized Signature: Title:
Printed Name: Date:
Vendors must insert “x” in the following box indicating exception and provide a brief narrative for exception.
RETURN WITH BID
RETURN WITH BID 257
VENDOR CERTIFICATION FORM
Bid/RFP/SOI Number:
Vendor Name:
Address:
Primary Contact Name:
Primary Contact Email Address:
Primary Contact Phone Number:
Project Manager Name:
Project Manager Email Address:
Project Manager Phone Number:
# Years in Business: Number of Employees:
Annual Sales: $ Dunn & Bradstreet #:
Vendor Certification Statement: Please identify all of the following that apply to the ownership of this firm. This information is
collected for reporting purposes only and not vendor selection. Please include a copy of the certification. (Definitions are
included on the second page of Vendor Certification Form).
Contractor certifies as a Minority – Business Enterprise (MBE)
Contractor certifies as a Women Business Enterprise (WBE)
Contractor certifies as a Veteran-Owned (VBE) Business Enterprise
Contractor certifies as a Persons with Disabilities Owned Business Enterprise (PDBE)
Contractor certifies as a Service-Disabled Veteran-Owned (SDVBE) Business Enterprise
Contractor certifies as a Business Enterprise Program (BEP)
Contractor certifies as a Small Disadvantaged Businesses (SDB)
Contractor certifies as a Veteran-Owned Small Business (VOSB)
Local Business
None
Other (Specify)
Certification Number:
Certified by (Agency):
I certify that this information is accurate to the best of my knowledge and that I am authorized to provide this information on
behalf of my company.
____________________________________ ___________________________________ _____________________
Signature, Title Printed Name, Title Date
258
Vendor Certification Definitions
• Minority-owned business (MBE)
A business concern which is at least 51% owned by one or more minority persons, or in the case of a corporation, at least 51%
of the stock in which is owned by one or more minority persons; and the management and daily business operations of which
are controlled by one or more of the minority individuals who own it.
• Woman-owned business (WBE)
A business which is at least 51% owned by one or more women, or, in the case of a corporation, at least 51% of the stock in
which is owned by one or more women; and the management and daily business operations of which are controlled by one or
more of the women who own it.
• Veteran-owned Business Enterprise (VBE)
A small business (i) that is at least 51 percent owned, controlled and managed by one or more Eligible Veterans or in the case of
a corporation, at least 51 percent or more of the stock of which is owned, controlled and managed by one or more Eligible
Veterans.
• Eligible Veteran means a person who (i) has been either a member of the armed forces of the United States or, while a
citizen of the United States, was a member of the armed forces of allies of the United States in time of hostilities with a
foreign country and (ii) has served under one or more of the following conditions: (a) the veteran served a total of at least 6
months; (b) the veteran served for the duration of hostilities regardless of the length of the engagement; (c) the veteran
was discharged on the basis of hardship; or (d) the veteran was released from active duty because of a service connected
disability and was discharged under honorable conditions.
• Armed forces of the United States means the United States Army, Navy, Air Force, Marine Corps, Coast Guard or service in
active duty as defined under 38 U.S.C. Section 101. Service in the Merchant Marine that constitutes active duty under
Section 401 of federal Public Act 95-202 shall also be considered service in the armed forces for purposes of this Division.
• Persons with Disabilities Owned Business Enterprise (PDBE)
A small business (i) that is at least 51 percent owned. controlled and managed by one or more Persons with a Disability; or in the
case of a corporation, at least 51 percent or more of the stock of which is owned, controlled, and managed by one or more
Persons with a Disability.
• Disability or Disabled means, with respect to an individual, a physical or mental impairment that substantially limits one or
more of the major life activities of the individual, a record of physical or mental impairment that substantially limits one or
more of the major life activities of the individual, or being regarded as an individual with a physical or mental impairment
that substantially limits one or more of the major life activities of the individual.
• Service-Disabled Veteran-owned Business Enterprise (SDVBE)
A small business (i) that is at least 51 percent owned, controlled, and managed by one or more qualified service disabled
veterans or in the case of a corporation, at least 51 percent or more of the stock of which is owned, controlled and managed by
one or more Service Disabled Veterans.
• Service-Disabled Veteran means an Eligible Veteran who has been found to have 10 percent or more service-connected
disability by the United States Department of Veterans Affairs or the United States Department of Defense.
• Service-connected disability means a disability incurred in the line of duty in the active military, naval or air service as
described in 38 U.S.C. 101(16).
• BEP – Business Enterprise Program
Business Enterprise Program (BEP) BEP assists businesses owned by minorities, women and people with disabilities gain access
to the State of Illinois procurement process. BEP certification with the State of Illinois can also open the door to opportunities
with other public and private entities which are looking for diverse suppliers.
• Small Disadvantaged Businesses (SDB)
A Small Disadvantaged Business (SDB) is a small business owned and controlled by socially and economically disadvantaged
individuals as defined by Federal Acquisition Regulation (FAR) 19.001
• Veteran-Owned Small Business (VOSB)
A Veteran-Owned Small Business (VOSB) is a small business that is at least 51 percent owned by one or more veterans; or, if a
publicly owned business, at least 51 percent of the stock is owned by one or more veterans. Also, one or more veterans control
management and daily business operations of the firm.
• Local business
Lake County launched a Buy Local. Build Local. Work Local initiative in 2013 to increase the outreach and procurement
opportunities for businesses located within Lake County, including women-owned businesses and minority-owned business
enterprises (L/W/MBE). The overarching objective is to maximize participation from these businesses in the County’s
procurement process, in accordance with applicable law.
259
2023 Patrol I Maintenance - Rock Salt
Section 23-00000-05-GM
Lake County
CONTRACTOR
PLEASE REPLACE
WITH YOUR
COMPLETED
LCDOT CBID
PRINTOUT
260
2023 Patrol I Maintenance – Rock Salt
Section 23-00000-05-GM
Lake County
i
SPECIAL PROVISION
TABLE OF CONTENTS
NOTICE TO ALL BIDDERS ..................................................................................................................................... 1
LOCATION OF SALT FACILITIES ........................................................................................................................ 2
DESCRIPTION OF WORK ....................................................................................................................................... 2
DIVISION 100. GENERAL REQUIREMENTS AND CONTRACTS
SECTION 102 ADVERTISEMENT, BIDDING, AWARD AND CONTRACT EXECUTION ....................... 3
TAX EXEMPTION (LCDOT) ................................................................................................................................... 7
CONTRACT AWARD AND EXECUTION (LCDOT) ........................................................................................... 8
BID SHEET EXPLANATION ................................................................................................................................... 8
SHARED SERVICES .................................................................................................................................................. 9
SHARED SERVICES BIDDING ............................................................................................................................... 9
PROPOSAL GUARANTY ....................................................................................................................................... 10
PERFORMANCE BOND ......................................................................................................................................... 10
ARTICLE 105.27 INSURANCE .......................................................................................................................... 10
PREQUALIFICATION ............................................................................................................................................ 10
BULK ROCK SALT
DESCRIPTION ......................................................................................................................................................... 11
MATERIALS ............................................................................................................................................................. 11
GENERAL ................................................................................................................................................................. 11
QUANTITIES ............................................................................................................................................................ 11
STOCKING REQUIREMENTS ............................................................................................................................. 12
ORDERING .............................................................................................................................................................. 12
DELIVERY ............................................................................................................................................................... 13
TERM ........................................................................................................................................................................ 13
ESCALATOR PROVISION .................................................................................................................................... 14
261
2023 Patrol I Maintenance – Rock Salt
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ii
BASIS OF PAYMENT ............................................................................................................................................. 14
LIQUIDATED DAMAGES ..................................................................................................................................... 14
BULK ROCK SALT (ENHANCED)
DESCRIPTION ......................................................................................................................................................... 15
MATERIALS ............................................................................................................................................................. 15
GENERAL ................................................................................................................................................................. 15
QUANTITIES ............................................................................................................................................................ 15
STOCKING REQUIREMENTS ............................................................................................................................. 16
ORDERING .............................................................................................................................................................. 16
DELIVERY ............................................................................................................................................................... 17
TERM ........................................................................................................................................................................ 18
ESCALATOR PROVISION .................................................................................................................................... 18
BASIS OF PAYMENT ............................................................................................................................................. 18
LIQUIDATED DAMAGES ..................................................................................................................................... 18
IDOT RECURRING SPECIAL PROVISIONS
LRS 11 SPECIAL PROVISION FOR EMPLOYMENT PRACTICES ............................................................... 20
INDEX OF CHECK SHEETS .................................................................................................................................. 22
QUANTITY, DELIVER LOCATIONS & CONTACT INFORMATION
TABLE OF ESTIMATED QUANTITIES, DELIVERY LOCATIONS &
POINT OF CONTACT INFORMATION............................................................................................................... 24
262
2023 Patrol I Maintenance – Rock Salt
Section 23-00000-05-GM
Lake County
iii
INTENTIONALLY
BLANK
263
2023 Patrol 1 Maintenance - Rock Salt
Section 23-00000-05-GM
Lake County
NOTICE TO ALL BIDDERS
DO NOT REMOVE ANY SHEETS* SUPPLIED WITH THIS NOTICE:
EACH SHEET IS A PART OF THE AGREEEMENT BETWEEN THE
BIDDER AND THE LAKE COUNTY DIVISION OF TRANSPORTATION.
PLEASE READ CAREFULLY ALL THE GENERAL SPECIAL
PROVISIONS AND THE INDIVIDUAL GROUP SPECIAL PROVISIONS
FOR ANY GROUP YOU SUBMIT A PROPOSAL ON.
*Except replacing the CBID sheet with your printout.
Page 1 of 37 264
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Lake County
STATE OF ILLINOIS
SPECIAL PROVISIONS
The following Special Provisions supplement the specifications listed in the table below,
which apply to and govern the proposed improvement designated as Lake County
Section 23-00000-05-GM, and in case of conflict with any part or parts of said
specifications, the said Special Provisions shall take precedence and govern.
SPECIFICATION ADOPTED/DATED
Standard Specifications for Road and Bridge Construction January 1, 2022
Manual on Uniform Traffic Control Devices for Streets and Highways
Illinois Supplement
2009 Edition
June 2014 Revision
Supplemental Specifications and Recurring Special Provisions
(indicated on the Check Sheet included herein) January 1, 2022
Standard Specifications for Water & Sewer Main Construction in
Illinois 7th Edition, 2014
LOCATION OF SALT FACILITIES
Information for the Lake County Division of Transportation facility and other local
government facilities is located in the Contact Information and Delivery Location table
beginning on page 24 of these special provisions.
DESCRIPTION OF WORK
This work consists of furnishing and delivering bulk rock salt for snow and ice control to
the Lake County Division of Transportation and other local units of government in Lake,
McHenry and Cook counties in Illinois.
Page 2 of 37 265
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DIVISION 100. GENERAL REQUIREMENTS AND COVENANTS
SECTION 102 ADVERTISEMENT, BIDDING, AWARD AND CONTRACT
EXECUTION (LCDOT)
Effective: January 1, 2007
Revised: August 24, 2020
Project Information: Contractors/Suppliers may access the project materials through
the Lake County Purchasing Portal – the web page defaults to the Lake County
Purchasing tab. Select the Lake County DOT PROJECTS (greyed out right tab) to view
LCDOT projects. The purchasing Portal is located at:
https://www.lakecountypurchasingportal.com/
Authorization to Bid: All Contractors/Suppliers shall submit a “Request for
Authorization to Bid” to LCDOT and receive an approval. The request will be submitted
through the web page. After registering for the project, the Contractor/Supplier will see
the following screen (example Materials Test Project shown)
To access the contract documents, select the individual document (Contract
Specifications, CBID etc..) blue text link. To request Authorization to bid select the
green Request Authorization button under the contract documents. Once selected the
following screen will appear.
Page 3 of 37 266
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Lake County
The information is prepopulated from your registration. For construction projects
requiring IDOT Prequalification, select the blue link just above your information to attach
the latest copy of your prequalification form.
To submit select the green Submit button. This will generate an e-mail to LCDOT
requesting the authorization. Upon approval/disapproval by LCDOT an e-mail will be
sent to the Contractor/Supplier with the decision.
Prequalification of Bidders:
IDOT Prequalification is required – The provisions of LRS6 and/or LRS7
requiring Bidder Prequalification are applicable to this proposal – attach your
IDOT prequalification form to Request for Authorization to Bid submittal.
IDOT Prequalification is not required - The provisions of LRS6 and/or LRS7
requiring Bidder Prequalification are not applicable to this proposal. Bidders
do not need to be prequalified with IDOT or attach a prequalification form.
Bid Proposals: Proposals submitted without securing an "Authorization to Bid" will be
considered non-responsive, and the bid will not be opened or considered. The
unopened proposal will be returned to the Contractor.
Page 4 of 37 267
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LCDOT does not accept electronic bid proposals. Do not use the Submittals option
at the bottom of the project Info page. This section is not active for LCDOT projects.
LCDOT DOES NOT ACCEPT ELECTRONIC BIDS
DO NOT USE THE SUBMITTALS OPTION
Bid proposals may be submitted via mail (US Postal
Service) and/or delivery service e.g. FedEx, UPS
etc. Due to COVID there is limited access to the
LCDOT offices. Most of the DOT office personnel
are working remotely and the front desk is not
staffed. Contractors shall not send their bids in
with a request for signature upon delivery as no one
may be available to sign for the bid thereby delaying
delivery.
Bid proposals may also be hand delivered to
LCDOT at 600 W. Winchester Road, Libertyville, IL
60048, and placed in the Drop Box located in the
window panel to the left of the main entrance doors
located on the east side of the building.
It is the Contractor’s responsibility to get the Bid/Proposal to LCDOT prior
to the submission date and time. LCDOT is not responsible for any delays
in delivery due to office staffing and/or requests for delivery receipts.
Page 5 of 37 268
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Lake County – Vendor Disclosure Statement:
All Contractors & Suppliers wishing to contract with Lake County for goods and
services in an amount greater than $30,000 shall submit this form with their bid
proposal.
Lake County – Vendor Certification Form:
All Contractors & Suppliers wishing to contract with Lake County for goods and
services shall submit this form with their bid proposal.
CBID Spreadsheet:
In order to limit bid proposal math errors, all bids for this project shall be submitted
using the CBID spreadsheet. The Contractor shall include in their bid proposal a
hardcopy CBID printout. Proposals submitted without a hardcopy CBID printout will
be rejected as nonresponsive and returned to the Contractor unread. Proposals
submitted with a handwritten schedule of items will be rejected as nonresponsive and
returned to the Contractor unread. A maximum of five pay items may have legible
pen and ink entries/revisions to the unit and extended prices on the CBID printout to
accommodate last minute supplier and subcontractor quotes. A legible pen and ink
entry/revision to the project total bid will also be allowed.
To decrease LCDOT bid processing time, for projects with 25 or more pay items the
Contractor shall include in their sealed bid envelope an electronic copy (CD or flash
(thumb) drive) with a copy of the completed CBID. The hardcopy CBID printout will
serve as the bid submission, while the electronic copy is only provided to aid in
tabulating the bids. If there is a difference between the hardcopy CBID printout and
the electronic copy provided, the hardcopy CBID printout shall take precedence and
be used to complete the bid tabulation.
If the Contractor is bidding on more than one project for which an electronic copy of
the CBID is required, the Contractor may include all the CBIDs on a single CD or
flash drive. The CD or flash drive shall be clearly labeled with the Contractor’s name
and the project CBIDs included. The single CD or flash drive shall be submitted in
the sealed bid envelope of one of the projects the Contractor is bidding on.
Page 6 of 37 269
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TAX EXEMPTION (LCDOT)
Effective: May 13, 2021
Tax Exemption:
a. Lake County is exempt from the Illinois State and municipal or county Retailers
Occupation Tax, Service Occupation Tax, Use Tax, Service Use Tax, as
described in Illinois Revised Statute Chapter 120. Bid prices shall not include the
cost of such taxes.
b. Federal excise tax does not apply to materials or services purchased by Lake
County. Should the federal excise tax be applicable to this transaction, Lake
County will furnish a federal exemption certificate. The bid prices quoted herein
by the Contractor/Supplier shall include all other direct or indirect federal, state,
and local taxes which apply.
c. Pursuant to 86 Ill. Adm. Code 130.2076, tangible personal property that is
purchased by the Contractor for incorporation into Lake County’s real property
pursuant to Contractor’s performance of this contract shall be deemed purchased
by the Contractor for Lake County and transferred by the Contractor to Lake
County upon completion of this contract.
d. Contractor(s) shall forward this information to their suppliers in order that the sale
of such materials and equipment be properly recorded as a tax-exempt sale.
Such information shall be accompanied by a copy of the contract or Purchase
Order.
e. It shall be the Contractor’s sole responsibility to obtain any necessary approvals
from the Illinois Department of Revenue (IDOR) to obtain any exemption from the
Retailers’ Occupation Tax.
Page 7 of 37 270
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CONTRACT AWARD and EXECUTION (LCDOT)
Contract Award and Execution: Award and execution of contract shall be in
accordance with Section 102 of the “Standard Specifications” and the following:
Insurance certificates shall be received within five (5) days after the contract has been mailed to
the bidder. Contract performance and payment bond shall be received within ten (10) days after
the contract has been mailed to the bidder. The contract shall be executed by the successful
bidder and returned within fifteen (15) days after the contract has been mailed to the bidder.
BID SHEET EXPLANATION: The CBID lists the Lake County Division of Transportation,
the Lake County Forest Preserve District and all the local governmental units participating
in this bid. The list includes the estimated rock salt quantity for each.
Suppliers will provide three separate unit prices for each government unit.
Unit Price 80% - 120%: Suppliers shall enter the unit price per ton, for
ROCK SALT or ROCK SALT (ENHANCED) ordered by LCDOT and other
participating local governmental units, for a minimum of 80% of the
estimated usage to a maximum of 120% of the estimated usage. Lake
County, and the other participating local governmental units, have
committed to purchase a minimum of 80% of the estimated usage. This
unit price is for orders placed for delivery after November 1, 2022.
Unit Price 120% - 150%: Suppliers shall enter the unit price per ton, for
ROCK SALT or ROCK SALT (ENHANCED) ordered by LCDOT, and other
participating local governmental units, for a quantity greater than 120% of
the estimated usage and not to exceed 150% of the estimated usage.
This unit price is for orders placed for delivery after November 1, 2022.
Unit Price Early Delivery: Suppliers shall enter the unit price for ROCK
SALT or ROCK SALT (ENHANCED) per ton, ordered by LCDOT, and other
participating local governmental units, for orders placed for delivery
between July 15, 2022 and November 1, 2022.
Page 8 of 37 271
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Shared Services: Under the authority of 30 ILCS 525, the Governmental Joint
Purchasing Act the unit prices included in the proposal may be offered to other
governmental units according to the following:
The purchase of goods and services pursuant to the terms of this Contract shall
also be offered for purchases to be made by other governmental units, as
authorized by the Governmental Joint Purchasing Act, 30 ILCS 525/0.01, et seq.
(the “Act”). All purchases and payments made under the Act shall be made
directly by and between each governmental unit and the successful bidder. The
bidder agrees that Lake County shall not be responsible in any way for purchase
orders or payments made by the other governmental units. The bidder further
agrees that all terms and conditions of this Contract shall continue in full force
and effect as to the other governmental units during extended terms. The credit
or liability of each governmental unit shall remain separate and distinct.
Disputes between bidders and governmental units shall be resolved between the
immediate parties.
The bidder and the other governmental units may negotiate such other and further
terms and conditions to this Contract (“Other Terms”) as individual projects may
require. To be effective, Other Terms shall be reduced to writing and signed by a
duly authorized representative of both the successful bidder and the other
governmental unit.
The bidder shall provide the other governmental units with all required
documentation set forth in the solicitation including but not limited to:
performance and payment bonds, Certificates of Insurance naming the respective
governmental unit as an additional insured and certified payrolls to the other
governmental unit as required.
Shared Services Bidding: For this project the Lake County Division of Transportation
(LCDOT) and other specified local governmental units have joined together to solicit bids
for furnishing and delivering rock salt.
The Supplier will be submitting bids for separate contracts – one for each community or
unit of government. The Supplier may use the same or different unit prices for each bid.
The Lake County Division of Transportation and the local governmental units
individually reserve the right to reject any or all proposals, to waive technicalities, or to
advertise for new proposals, if in the judgement of each Awarding Authority, the best
interests of the Awarding Authority will be promoted thereby (See LRS7).
Page 9 of 37 272
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Lake County
Contracts for the LCDOT and LCFPD work will be recommended separately to the Lake
County Board and Forest Preserve District Board respectively, and upon award, each
will be managed independently. The bid results for the remaining local units of
government will be reported to each community. Each local government unit will be
independently responsible for awarding; managing; and processing payments for their
own contract.
Proposal Guaranty: The Supplier shall submit a Proposal Guaranty according to the
requirements of Checksheet LRS 7 BIDDING REQUIREMENTS AND CONDITIONS
FOR MATERIAL PROPOSALS (included by reference). The bond or check shall be for
a minimum of 5 percent of the “Total for Bond Only” (total of all bids) line on the CBID
form.
Performance Bond: The Supplier shall within 10 days of the Notice of Award furnish a
Performance Bond in an amount equal to 20% of the total bid amount for the Lake County
Division of Transportation, executed by a surety company authorized to do business in
the State of Illinois, conditioned upon the faithful performance of all covenants and
stipulations included in these bid documents and holding good until the completion of the
contract to protect Lake County. Additional individual performance bonds may be
required by the other participating local governmental units, against inadequate
performance per all requirements of the bid documents. The Performance Bond shall
remain in effect for one year from the issuance of a Purchase Order or until completion of
the contract period, whichever is longer.
ARTICLE 107.27 INSURANCE
The provisions of Article 107.27 of the “Standard Specifications” are not applicable to
this proposal.
PREQUALIFICATION
The provision of LRS7 requiring Bidder Prequalification is not applicable to this
proposal. Bidders do not need to be prequalified with IDOT. Prospective bidders will
need to submit a “Request for Authorization to Bid” by selecting the option on the Lake
County Purchasing Portal for the 2023 Patrol I Maintenance – Rock Salt project.
Page 10 of 37 273
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BULK ROCK SALT
Description: This work shall consist of furnishing and delivering bulk rock salt.
Materials: The rock salt shall meet the requirements of AASHTO specification M143,
Sodium Chloride Type 1, Grade 1, and the following requirements:
The rock salt shall not contain more than ½ pound, or less than 35 ppm of Ferric
Ferrocyanide or Sodium Ferrocyanide per ton, at the delivery point.
The maximum moisture content shall not exceed 2.5%.
The rock salt shall be free flowing, fresh stock.
Reclaimed or re-crushed rock salt will not be accepted.
The rock salt shall be free of any foreign material.
Bulk rock salt not meeting the above specifications shall be subject to rejection by Lake
County and/or other local governmental units.
General:
a) Deliveries of rock salt shall be free of any foreign materials e.g. mud, rocks, wood,
tarpaulins, etc... Rejected loads will have the cause reported to the Supplier within
two working days. Loads contaminated with foreign material will be replaced at the
Supplier's expense within five working days.
b) All salt shall be as lump free as possible. No salt with lumps larger than two
inches in diameter will be accepted. Loads with lumps larger than two inches shall
be replaced at the Supplier's expense within five working days.
c) Lake County, and other local governmental units, reserve the right to inspect the
Supplier’s terminal for product and availability, verifying available quantities and
condition sufficient to meet the requirements of these specifications.
Quantities: The quantities shown in this bid are estimated quantities only. The Lake
County Division of Transportation and other participating local governmental units agree
to purchase at least 80% of the quantities shown. If Lake County and/or the other
participating local governmental units, do not utilize or order 80% of their estimated
quantity by April 30, 2023 they agree to pay the Supplier for the 80%.
The unordered bulk rock salt shall be kept at a terminal by the Supplier, for delivery by
November 1, 2023. This storage shall be handled at no additional charge to Lake County
and/or the other participating local governmental units. Payment for the unordered bulk
rock salt will be made subject to the provisions of the Local Prompt Payment Act, upon
receipt of an invoice dated before November 1, 2023.
Page 11 of 37 274
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Stocking Requirements:
Within 10 days of the notice of award (issuance of purchase order) the Supplier shall
submit to Lake County, and the other participating local governmental units, a list of
delivery contacts including phone numbers. The Supplier shall also include an
emergency contact and phone number for use if the stockpile contact is non-responsive.
Within 30 days of the notice of award (issuance of purchase order) the Supplier shall
provide Lake County, and other participating local governmental units, with their salt
source and local terminal information.
The Supplier shall have on hand 120% of the required quantity at a local terminal by
November 1, 2022.
The Supplier shall have stockpiles of rock salt in Illinois, or near its borders, in sufficient
quantities to satisfy contractual requirements.
Such stockpiles shall be near enough to delivery points to allow for timely delivery as
required by contractual requirements.
Freezing of waterways and other impacts to delivery shall be reasonably anticipated by
the Supplier and are not a cause to claim force majeure.
Ordering:
Orders for bulk rock salt may be placed by Lake County, and/or the other participating
local governmental units, with the Supplier by June 1, 2022 with availability by July 15,
2022.
Governmental units may order up to 20% of their annual contracted tonnage in any given
week which the Supplier shall deliver within seven working days. Orders for more than
20% will have an extended delivery time of one working day for each additional one
percentage point ordered. For example, if a governmental unit orders 25% of their
awarded total of 100 Tons, delivery of the first 20 tons, (20%) shall be within seven
working days after receipt of order. The remaining 5 tons shall be delivered within twelve
working days after receipt of the order.
All order releases shall be delivered to completion, unless mutually agreed upon by Lake
County, other participating Local Governmental Units, and the Supplier.
All salt deliveries shall be made with trucks equipped with tailgate dump trailers.
All trucks shall be covered with an approved waterproof material.
The Supplier shall be responsible to have the delivery driver inspect the inside of the
trailer and confirm that all the salt has been removed from the trailer before leaving the
point of delivery.
Page 12 of 37 275
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Lake County
A delivery ticket shall accompany each delivery. The delivery ticket shall be a certified
scale ticket indicating gross, tare, and net weight of each truckload of rock salt. The
Supplier shall ensure that all weights and measures shown on the delivery tickets are
correct. The Lake County Division of Transportation, and other participating local
governmental units, reserve the right to require that delivery trucks be directed to a local
scale to check the accuracy of the loads being delivered.
The Supplier shall deliver the ordered quantity within plus or minus 20 tons.
The Supplier shall notify Lake County, and other participating local governmental units,
the name of the trucking firm that will be delivering the salt, as well as a contact name,
and the address and phone number of said trucking firm.
Delivery: Lake County Division of Transportation rock salt deliveries shall be made to
the LCDOT facility at:
600 W. Winchester Road
Libertyville, IL 60048
Rock salt deliveries for the other local governmental units shall be made to listed delivery
location for each included herein.
Normally rock salt deliveries shall be made between the hours of 6:30 a.m. and 3:00 p.m.,
Monday through Friday. Arrangements may be made for deliveries at other hours and on
Saturday or Sunday, to maintain a prompt order delivery schedule. These arrangements
may be made by contacting the designated point of contact listed in the Contact
Information and Delivery Location table included herein.
Orders are generally expected to be received within seven working days from date of
order. For an order placed prior to 9:00 A.M. on a given day, that day would be
considered as the first working day of the seven day delivery period. For an order placed
after 9:00 A.M. on a given day, the day following would be considered as the first working
day of the seven day delivery period, or as amended by order guidelines herein.
Term: This contract shall be in effect for a one year period (December 1, 2022 –
November 30, 2023). The early delivery period will not be included in the one year
duration. Lake County, and other local governmental units, reserve the right to renew this
contract, or any part of this contract, for an additional one year period, subject to
acceptable performance by the Supplier. At the end of any contract term, Lake County
reserves the right to extend this contract for a period of up to 60 days for the purpose of
getting a new contract in place. For any year beyond the initial year, this contract is
contingent on the appropriation of sufficient funds; no charges shall be assessed for
failure of the County to appropriate funds in future contract years
Page 13 of 37 276
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Lake County
A contract renewal will incorporate the same dates for subsequent years changing only
the year of the date i.e. 2022 dates will become 2023 and 2023 dates will become 2024.
Lake County, and other participating local governmental units, will issue individual
releases for bulk rock salt. For renewal Lake County will provide the Supplier(s) with the
2024 estimated usage for LCDOT, LCFPD and the other participating governmental units,
during the month of March 2023. The estimated usage for 2024 will be limited to +/- 25%
of the 2023 quantities.
Escalator Provision: The unit price shall remain firm/fixed for the first year. Written
requests for price revisions after the first year, shall be submitted at least 60 days in
advance of the annual contract period. Requests shall be based upon and include
documentation of the actual change in the costs of the components involved in the
contract and shall not include overhead and profit. Changes in the contract price shall be
made in the amount of the actual change in Supplier cost or the percentage change in the
U.S. Average Consumer Price Index for the Midwest Urban - per category “All Items,”
whichever is less. Surcharges for fuel and/or other costs shall not be allowed.
Manufacturer and/or Warehouse Distributor's price sheets or an equivalent document
showing the new pricing may be considered sufficient documentation for a price change.
PRICE INCREASES SHALL NOT EXCEED 5.0%, FOR ANY YEAR. The County
reserves the right to reject any price increase and to terminate the contract.
Basis of Payment: This work will be paid for at the contract unit price per ton for
ROCK SALT. The unit price shall include all equipment, labor and materials required to
furnish and deliver the rock salt as specified herein. The rock salt shall be bid F.O.B. Destination,
with all freight and transportation charges included in the bid price. The term F.O.B. Destination
shall mean delivered to a specified location. Any claim for loss or damage shall be between the
Supplier and the carriers, movers, riggers, etc.., and no additional compensation will be allowed.
Liquidated Damages: From November 1, 2022 through June 30, 2023, if the Supplier is
unable to make delivery within seven working days from the date of order, Lake County,
and the other participating local governmental units, shall have the right to retain $ .20 per
ton, per working day from the date of the order, as liquidated damages on the undelivered
portion of the order.
An order placed prior to 9:00 A.M. on any business day (Monday through Friday, except
Holidays) will be considered as the first working day of the seven day delivery period. For
orders placed after 9:00 A.M. on a given day, the following day would be considered the
first working day of the seven day delivery period.
Page 14 of 37 277
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Lake County
If 14 working days have elapsed since placement of an order and the Supplier has failed
to deliver all or part of the order, Lake County, and/or the other participating local
governmental units, shall reserve the right to take action to remedy the failure of Supplier
performance without prior notification of such failure. This may include termination of the
order and purchase of salt from other sources, or to take action consistent with public
safety as needed to continue business. Any or all additional costs may be collected from
the Supplier, in addition to any liquidated damages.
BULK ROCK SALT (ENHANCED) (McHenry County)
Description: This work shall consist of furnishing and delivering enhanced bulk rock
salt to McHenry County DOT.
Materials: The rock salt (enhanced) shall meet the requirements of AASHTO
specification M143, Sodium Chloride Type 1, Grade 1, and be enhanced with either
Compass Mineral’s “Thawrox” or Cargill’s “Clearlane” materials or an approved
equivalent enhancement.
Bulk rock salt (enhanced) not meeting the above specifications shall be subject to
rejection by McHenry County DOT and/or other local governmental units.
General:
a) Deliveries of rock salt shall be free of any foreign materials e.g. mud, rocks,
wood, tarpaulins, etc... Rejected loads will have the cause reported to the
Supplier within two working days. Loads contaminated with foreign material will
be replaced at the Supplier's expense within five working days.
b) All salt shall be as lump free as possible. No salt with lumps larger than two
inches in diameter will be accepted. Loads with lumps larger than two inches
shall be replaced at the Supplier's expense within five working days.
c) McHenry County, and other local governmental units, reserve the right to
inspect the Supplier’s terminal for product and availability, verifying available
quantities and condition sufficient to meet the requirements of these
specifications.
Quantities: The quantities shown in this bid are estimated quantities only. The
McHenry County Division of Transportation and other participating local governmental
units agree to purchase at least 80% of the quantities shown. If McHenry County
and/or the other participating local governmental units, do not utilize or order 80% of
their estimated quantity by April 30, 2023 they agree to pay the Supplier for the 80%.
Page 15 of 37 278
2023 Patrol 1 Maintenance - Rock Salt
Section 23-00000-05-GM
Lake County
The unordered bulk rock salt shall be kept at a terminal by the Supplier, for delivery by
November 1, 2023. This storage shall be handled at no additional charge to McHenry
County and/or the other participating local governmental units. Payment for the
unordered bulk rock salt will be made subject to the provisions of the Local Prompt
Payment Act, upon receipt of an invoice dated before November 1, 2023.
Stocking Requirements:
Within 10 days of the notice of award (issuance of purchase order) the Supplier shall
submit to McHenry County, and the other participating local governmental units, a list
of delivery contacts including phone numbers. The Supplier shall also include an
emergency contact and phone number for use if the stockpile contact is non-
responsive.
Within 30 days of the notice of award (issuance of purchase order) the Supplier
shall provide McHenry County, and other participating local governmental units,
with their salt source and local terminal information.
The Supplier shall have on hand 120% of the required quantity at a local
terminal by November 1, 2022.
The Supplier shall have stockpiles of rock salt in Illinois, or near its borders, in
sufficient quantities to satisfy contractual requirements.
Such stockpiles shall be near enough to delivery points to allow for timely delivery
as required by contractual requirements.
Freezing of waterways and other impacts to delivery shall be reasonably
anticipated by the Supplier and are not a cause to claim force majeure.
Ordering:
Orders for bulk rock salt may be placed by McHenry County, and/or the other
participating local governmental units, with the Supplier by June 1, 2022 with
availability by July 15, 2022.
Governmental units may order up to 20% of their annual contracted tonnage in any
given week which the Supplier shall deliver within seven working days. Orders for
more than 20% will have an extended delivery time of one working day for each
additional one percentage point ordered. For example, if a governmental unit orders
25% of their awarded total of 100 Tons, delivery of the first 20 tons, (20%) shall be
within seven working days after receipt of order. The remaining 5 tons shall be
delivered within twelve working days after receipt of the order.
Page 16 of 37 279
2023 Patrol 1 Maintenance - Rock Salt
Section 23-00000-05-GM
Lake County
All order releases shall be delivered to completion, unless mutually agreed upon
by McHenry County, other participating Local Governmental Units, and the
Supplier.
All salt deliveries shall be made with trucks equipped with tailgate dump
trailers. All trucks shall be covered with an approved waterproof material.
The Supplier shall be responsible to have the delivery driver inspect the inside of
the trailer and confirm that all the salt has been removed from the trailer before
leaving the point of delivery.
A delivery ticket shall accompany each delivery. The delivery ticket shall be a certified
scale ticket indicating gross, tare, and net weight of each truckload of rock salt. The
Supplier shall ensure that all weights and measures shown on the delivery tickets are
correct. The McHenry County Division of Transportation, and other participating local
governmental units, reserve the right to require that delivery trucks be directed to a local
scale to check the accuracy of the loads being delivered.
The Supplier shall deliver the ordered quantity within plus or minus 20 tons.
The Supplier shall notify McHenry County, and other participating local
governmental units, the name of the trucking firm that will be delivering the salt, as
well as a contact name, and the address and phone number of said trucking firm.
Delivery: McHenry County Division of Transportation rock salt deliveries shall be
made to the LCDOT facility at:
16111 Nelson
Road Woodstock,
IL 60098
Rock salt deliveries for the other local governmental units shall be made to listed
delivery location for each included herein.
Normally rock salt deliveries shall be made between the hours of 6:30 a.m. and 3:00
p.m., Monday through Friday. Arrangements may be made for deliveries at other hours
and on Saturday or Sunday, to maintain a prompt order delivery schedule. These
arrangements may be made by contacting the designated point of contact listed in the
Contact Information and Delivery Location table included herein.
Orders are generally expected to be received within seven working days from date of
order. For an order placed prior to 9:00 A.M. on a given day, that day would be
considered as the first working day of the seven day delivery period. For an order
placed after 9:00 A.M. on a given day, the day following would be considered as the
first working day of the seven day delivery period, or as amended by order guidelines
herein.
Page 17 of 37 280
2023 Patrol 1 Maintenance - Rock Salt
Section 23-00000-05-GM
Lake County
Term: This contract shall be in effect for a one year period (December 1, 2022 –
November 30, 2023). The early delivery period will not be included in the one year
duration. McHenry County, and other local governmental units, reserve the right to
renew this contract, or any part of this contract, for an additional one year period,
subject to acceptable performance by the Supplier. At the end of any contract term,
McHenry County reserves the right to extend this contract for a period of up to 60 days
for the purpose of getting a new contract in place. For any year beyond the initial year,
this contract is contingent on the appropriation of sufficient funds; no charges shall be
assessed for failure of the County to appropriate funds in future contract years
A contract renewal will incorporate the same dates for subsequent years changing only
the year of the date i.e. 2022 dates will become 2023 and 2023 dates will become
2024. McHenry County, and other participating local governmental units, will issue
individual releases for bulk rock salt. For renewal Lake County will provide the
Supplier(s) with the 2024 estimated usage for LCDOT, LCFPD, MCDOT, and the other
participating governmental units, during the month of March 2023. The estimated
usage for 2024 will be limited to +/- 25% of the 2023 quantities.
Escalator Provision: The unit price shall remain firm/fixed for the first year. Written
requests for price revisions after the first year, shall be submitted at least 60 days in
advance of the annual contract period. Requests shall be based upon and include
documentation of the actual change in the costs of the components involved in the
contract and shall not include overhead and profit. Changes in the contract price shall
be made in the amount of the actual change in Supplier cost or the percentage change
in the U.S. Average Consumer Price Index for the Midwest Urban - per category “All
Items,” whichever is less. Surcharges for fuel and/or other costs shall not be allowed.
Manufacturer and/or Warehouse Distributor's price sheets or an equivalent document
showing the new pricing may be considered sufficient documentation for a price
change. PRICE INCREASES SHALL NOT EXCEED 5.0%, FOR ANY YEAR. The
County reserves the right to reject any price increase and to terminate the contract.
Basis of Payment: This work will be paid for at the contract unit price per ton for
ROCK SALT (ENHANCED). The unit price shall include all equipment, labor and materials
required to furnish and deliver the rock salt as specified herein. The rock salt shall be bid
F.O.B. Destination, with all freight and transportation charges included in the bid price. The
term F.O.B. Destination shall mean delivered to a specified location. Any claim for loss or
damage shall be between the Supplier and the carriers, movers, riggers, etc.., and no additional
compensation will be allowed.
Liquidated Damages: From November 1, 2022 through June 30, 2023, if the Supplier
is unable to make delivery within seven working days from the date of order, McHenry
County, and the other participating local governmental units, shall have the right to
retain $ .20 per ton, per working day from the date of the order, as liquidated damages
on the undelivered portion of the order.
Page 18 of 37 281
2023 Patrol 1 Maintenance - Rock Salt
Section 23-00000-05-GM
Lake County
An order placed prior to 9:00 A.M. on any business day (Monday through Friday,
except Holidays) will be considered as the first working day of the seven day delivery
period. For orders placed after 9:00 A.M. on a given day, the following day would be
considered the first working day of the seven day delivery period.
If 14 working days have elapsed since placement of an order and the Supplier has
failed to deliver all or part of the order, McHenry County, and/or the other participating
local governmental units, shall reserve the right to take action to remedy the failure of
Supplier performance without prior notification of such failure. This may include
termination of the order and purchase of salt from other sources, or to take action
consistent with public safety as needed to continue business. Any or all additional
costs may be collected from the Supplier, in addition to any liquidated damages.
Page 19 of 37 282
CHECK SHEET #LRS11
111
State of Illinois
Department of Transportation
Bureau of Local Roads and Streets
SPECIAL PROVISION
FOR
EMPLOYMENT PRACTICES
Effective: January 1, 1999
In addition to all other labor requirements set forth in this proposal and in the
Standard Specifications for Road and Bridge Construction, adopted by the
Department of Transportation, during the performance of this contract, the Contractor
for itself, its assignees, and successors in interest (hereinafter referred to as the
“Contractor”) agrees as follows:
Selection of Labor. The Contractor shall comply with all Illinois statutes
pertaining to the selection of labor.
Equal Employment Opportunity. During the performance of this contract, the
Contractor agrees as follows:
(a) That it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, ancestry,
age, marital status, physical or mental handicap or unfavorable discharge
from military service, and further that it will examine all job classifications to
determine if minority persons or women are underutilized and will take
appropriate affirmative action to rectify any such underutilization.
(b) That, if it hires additional employees in order to perform this contract or any
portion hereof, it will determine the availability of minorities and women in
the area(s) from which it may reasonably recruit and it will hire for each job
classification for which employees are hired in such a way that minorities
and women are not underutilized.
(c) That, in all solicitations or advertisements for employees placed by it or on
its behalf, it will state that all applicants will be afforded equal opportunity
without discrimination because of race, color, religion, sex, national origin,
ancestry, age, martial status, physical or mental handicap or unfavorable
discharge from military service.
That it will send to each labor organization or representative of workers with
which it has or is bound by collective bargaining or other agreement or
understanding, a notice advising such labor organization or representative of
the Contractor’s obligations under the Illinois Human Rights Act and the
Department’s Rules and Regulations. If any such labor organization or
representative fails or refuses to cooperate with the Contractor in its efforts
to comply with so such Act and Rules and Regulations, the Contractor will
promptly so notify the Illinois Department of Human Rights and the
contracting agency and will recruit employees from other sources when
necessary to fulfill its obligations thereunder.
Page 20 of 37 283
CHECK SHEET #LRS11
112
(e) That it will submit reports as required by the Department of Human Rights
Rules and Regulations, furnish all relevant information as may from time to
time be requested by the Department or the contracting agency, and in all
respects comply with the Illinois Human Rights Act and the Department’s
Rules and Regulations.
(f) That it will permit access to all relevant books, records, accounts and work
sites by personnel of the contracting agency Illinois Department of Human
Rights for purposes of investigation to ascertain compliance with the Illinois
Human Rights Act and the Department’s Rules and Regulations.
(g) That it will include verbatim or by reference the provisions of this clause in
every subcontract so that such provisions will be binding upon every such
subcontractor. In the same manner as with other provisions of this contract,
the Contractor will be liable for compliance with applicable provisions of this
clause by all its subcontractors; and further it will promptly notify the
contracting agency and the Illinois Department of Human Rights in the event
any subcontractor fails or refuses to comply therewith. In addition, the
Contractor will not utilize any subcontractor declared by the subcontracts
with the State of Illinois or any of its political subdivisions or municipal
corporations.
Page 21 of 37 284
CHECK SHEET
FOR
RECURRING SPECIAL PROVISIONS
Adopted January 1, 2022
The following RECURRING SPECIAL PROVISIONS indicated by an “X” are applicable to this contract and are
included by reference:
RECURRING SPECIAL PROVISIONS
CHECK SHEET # PAGE NO.
1 ☐ Additional State Requirements for Federal-Aid Construction Contracts 1
2 ☐ Subletting of Contracts (Federal-Aid Contracts) 4
3 ☐ EEO 5
4 ☐ Specific EEO Responsibilities Non Federal-Aid Contracts 15
5 ☐ Required Provisions - State Contracts 20
6 ☐ Asbestos Bearing Pad Removal 26
7 ☐ Asbestos Waterproofing Membrane and Asbestos Hot-Mix Asphalt Surface Removal 27
8 ☐ Temporary Stream Crossings and In-Stream Work Pads 28
9 ☐ Construction Layout Stakes 29
10 ☐ Use of Geotextile Fabric for Railroad Crossing 32
11 ☐ Subsealing of Concrete Pavements 34
12 ☐ Hot-Mix Asphalt Surface Correction 38
13 ☐ Pavement and Shoulder Resurfacing 40
14 ☐ Patching with Hot-Mix Asphalt Overlay Removal 41
15 ☐ Polymer Concrete 43
16 ☐ PVC Pipeliner 45
17 ☐ Bicycle Racks 46
18 ☐ Temporary Portable Bridge Traffic Signals 48
19 ☐ Nighttime Inspection of Roadway Lighting 50
20 ☐ English Substitution of Metric Bolts 51
21 ☐ Calcium Chloride Accelerator for Portland Cement Concrete 52
22 ☐ Quality Control of Concrete Mixtures at the Plant 53
23 ☐ Quality Control/Quality Assurance of Concrete Mixtures 61
24 ☐ Digital Terrain Modeling for Earthwork Calculations 77
25 ☐ Preventive Maintenance – Bituminous Surface Treatment 79
26 ☐ Temporary Raised Pavement Markers 85
27 ☐ Restoring Bridge Approach Pavements Using High-Density Foam 86
28 ☐ Portland Cement Concrete Inlay or Overlay 89
29 ☐ Portland Cement Concrete Partial Depth Hot-Mix Asphalt Patching 93
30 ☐ Longitudinal Joint and Crack Patching 96
31 ☐ Concrete Mix Design – Department Provided 98
32 ☐ Station Numbers in Pavements or Overlays 99
Page 22 of 37 285
CHECK SHEET
FOR
LOCAL ROADS AND STREETS RECURRING SPECIAL PROVISIONS
Adopted January 1, 2022
The following RECURRING SPECIAL PROVISIONS indicated by an “X” are applicable to this contract and are
included by reference:
LOCAL ROADS AND STREETS RECURRING SPECIAL PROVISIONS
CHECK SHEET # PAGE NO.
1 Reserved 101
2 ☐ Furnished Excavation 102
3 ☐ Work Zone Traffic Control Surveillance 103
4 ☐ Flaggers in Work Zones 104
5 ☒ Contract Claims 105
6 ☐ Bidding Requirements and Conditions for Contract Proposals 106
7 ☒ Bidding Requirements and Conditions for Material Proposals 112
8 Reserved 118
9 ☐ Bituminous Surface Treatments 119
10 Reserved 123
11 ☒ Employment Practices 124
12 ☐ Wages of Employees on Public Works 126
13 ☒ Selection of Labor 128
14 ☐ Paving Brick and Concrete Paver Pavements and Sidewalks 129
15 ☒ Partial Payments 132
16 ☒ Protests on Local Lettings 133
17 ☐ Substance Abuse Prevention Program 134
18 ☐ Multigrade Cold Mix Asphalt 135
19 ☐ Reflective Crack Control Treatment 136
Page 23 of 37 286
Local Governmental Unit Contact Information Delivery Location Bill To Contact/Address
1 Lake County
Division of Transportation 16,000 tons
Kevin Kerrigan
600 W. Winchester Road
Libertyville, IL 60048
Ph: (847) 878-9792
kkerrigan @lakecountyil.gov
600 W. Winchester Road
Libertyville, IL 60048
(6:30 am to 3:00 pm)
Kevin Kerrigan
600 W. Winchester Road
Libertyville, IL 60048
Ph: (847) 878-9792
kkerrigan @lakecountyil.gov
2 Lake County
Forest Preserve District 380 tons
Bill Thompson
19808 W. Grand Avenue
Lindenhurst, IL 60046
Ph: (847) 968-3374
bthompson@lcfpd.org
19808 W. Grand Avenue
Lindenhurst, IL 60046
Accounts Payable -
1899 W. Winchester Road
Libertyville, IL 60048
Ph: (847) 367-6640
accountspayable@LCFPD.org
3 Antioch Township 3,000 tons
Eric Ring
933 Bartlett Avenue
Antioch, IL 60002
Ph: 847-815-8477
antiochtownshiphwy@sbcglobal.net
933 Bartlett Avenue
Antioch, IL 60002
Eric Ring
933 Bartlett Avenue
Antioch, IL 60002
Ph: 847-815-8477
antiochtownshiphwy@sbcglobal.net
4 Avon Township 900 tons
Bob Kula
389 W. Main Street
Hainesville, IL 60073
Ph: (847) 546-7480
bob@avonil.us
389 W. Main Street
Hainesville, IL 60073
Bob Kula
389 W. Main Street
Hainesville, IL 60073
Ph: (847) 546-7480
bob@avonil.us
5 Vernon Township 350 tons
Tracy Gastfield
3050 N Main St
Buffalo Grove, IL 60089
Ph: (847) 634-4600
Tracy@vernontownship.com
3050 N Main St
Buffalo Grove, IL 60089
Tracy Gastfield
3050 N Main St
Buffalo Grove, IL 60089
Ph: (847) 634-4600
Tracy@vernontownship.com
2023 PATROL I MAINTENANCE - SALT BID
Quantity:
Estimated
Usage
Lake County
Lake County Townships
287
Local Governmental Unit Contact Information Delivery Location Bill To Contact/Address
2023 PATROL I MAINTENANCE - SALT BID
Quantity:
Estimated
Usage
6 Ela Township 900 tons
Mike DePouw
23605 Echo Lake Road
Lake Zurich, IL 60047
Ph: (847) 438-2371
highway@elatownship.org
23605 Echo Lake Road
Lake Zurich, IL 60047
Mike DePouw
23605 Echo Lake Road
Lake Zurich, IL 60047
Ph: (847) 438-2371
highway@elatownship.org
7 Fremont Township 600 tons
Alicia Dodd
22376 W. Erhart Road
Mundelein, IL 60060
Ph: (847) 223-2848
highway@fremonttownship.com
22376 W. Erhart Road
Mundelein, IL 60060
Alicia Dodd
22376 W. Erhart Road
Mundelein, IL 60060
Ph: (847) 223-2848
highway@fremonttownship.com
8 Grant Township 1,600 tons
Kimber Kiesgen
road5467@msn.com, Ph: (847) 878-1065,
Jim Smak
road5467@msn.com Ph: (847) 878-1067,
26535 Molidor Road
Ingleside, IL 60041
26535 Molidor Road
Ingleside, IL 60041
Kimber Kiesgen
road5467@msn.com, Ph: (847) 878-1065,
Jim Smak
road5467@msn.com Ph: (847) 878-1067,
26535 Molidor Road
Ingleside, IL 60041
9 Lake Villa Township 1,200 tons
Jim Jorgensen
37822 North Fairfield Road
Lake Villa, IL 60046
Ph: (847) 721-5831
Highway@lakevillatownship.org
37822 North Fairfield Road
Lake Villa, IL 60046
Jane Simi
37822 North Fairfield Road
Lake Villa, IL 60046
Ph: (847) 721-5831
Highway@lakevillatownship.org
10 Libertyville Township 900 tons
Marty Neal
343 Merrill Court
Libertyville, IL 60048
Ph: (847) 362-3350
highwaydepartment@libertyvilletownship.us
343 Merrill Court
Libertyville, IL 60048
Marty Neal
343 Merrill Court
Libertyville, IL 60048
Ph: (847) 362-3350
highwaydepartment@libertyvilletownship.us
11 Newport Township 300 tons
Rodger Edmonds
Newport Townshiop Highway Department
P.O. Box 312
Russell, IL 60075
Ph: (847) 812-9546
newporthighwaydept@gmail.com
14905 W. Russell Road
Zion, IL 60099
Toni Edmonds
Newport Township Highway Department
P.O. Box 312
Russell, IL 60075
Ph: (847) 980-7530
newporthighwaydept@gmail.com
Lake County Townships (continued)
288
Local Governmental Unit Contact Information Delivery Location Bill To Contact/Address
2023 PATROL I MAINTENANCE - SALT BID
Quantity:
Estimated
Usage
12 Warren Township 3,000 tons
Amy Sarver
17801 W. Washington Street
Gurnee, IL 60031
Ph: (847) 244-1101 Ext.3
highway@warrentownship.net
17801 W. Washiongton Street
Gurnee, IL 60031
Amy Sarver
17801 W. Washington Street
Gurnee, IL 60031
Ph: (847) 244-1101 Ext.3
highway@warrentownship.net
13 Wauconda Township 600 tons
Scott Weisbruch
505 W. Bonner Road
Wauconda, IL 60084
Ph: (847) 951-9881
Highwaydepartment@waucondatownship.com
505 W. Bonner Road
Wauconda, IL 60084
Scott Weisbruch
505 W. Bonner Road
Wauconda, IL 60084
Ph: (847) 951-9881
Highwaydepartment@waucondatownship.com
14 Waukegan Township 120 tons
Arthur Craigen Sr.
36117 N Green Place
Waukegan, IL 60087
Ph: (847) 662-7208
acraigen@waukegantownship.com
36117 N Green Place
Waukegan, IL 60087
Arthur Craigen Sr.
36117 N Green Place
Waukegan, IL 60087
Ph: (847) 662-7208
acraigen@waukegantownship.com
15 Village of Antioch 1,200 tons
Dennis Heimbrodt
796 Holbek Drive
Antioch, IL 60002
Ph: (847) 395-1881
dheimbrodt@antioch.il.gov
796 Holbek Drive
Antioch, IL 60002
Sherry Hoban
796 Holbek Drive
Antioch, IL 60002
Ph: (847) 395-1881
shoban@antioch.il.gov
16 Village of Barrington 750 tons
Jeremie Lukowicz
300 Raymond Avenue
Barrington, IL 60010
Ph: (847) 304-3366
jlukowicz@barrington-il.gov
300 Raymond Avenue
Barrington, IL 60010
Andres Orrego
300 Raymond Avenue
Barrington, IL 60010
Ph: (847) 304-3365
aorrego@barrington-il.gov
Lake County Townships (continued)
Lake County Communities
289
Local Governmental Unit Contact Information Delivery Location Bill To Contact/Address
2023 PATROL I MAINTENANCE - SALT BID
Quantity:
Estimated
Usage
17 Village of Beach Park 700 tons
Gina Nelson
40185 Glendale Road
Beach Park, IL 60099
Ph: (847) 246-6061
gina.nelson@villageofbeachpark.com
40185 Glendale Road
Beach Park, IL 60099
Gina Nelson
40185 Glendale Road
Beach Park, IL 60099
Ph: (847) 246-6061
gina.nelson@villageofbeachpark.com
18 Village of Buffalo Grove 1,750 tons
Tom Wisniewski
51 Raupp Boulevard
Buffalo Grove, IL 60089
Ph: (847) 777-6023
tcwisniewski@vbg.org
51 Raupp Boulevard
Buffalo Grove, IL 60089
Scott Fontanez
51 Raupp Boulevard
Buffalo Grove, IL 60089
Ph: (847) 459-2545
sfontanez@vbg.org
19 Village of Deerfield 1,250 tons
Robert Phillips
465 Elm Street
Deerfield, IL 60015
Ph: (847) 719-7464
rphillips@deerfield.il.us
465 Elm Street
Deerfield, IL 60015
Dan Busscher
465 Elm Street
Deerfield, IL 60015
Ph: (847) 561-1834
dbusscher@deerfield.il.us
20 Village of Fox Lake 1,800 tons
Kealan Noonan
216 Washington Street
Fox Lake, IL 60020
Ph: (847) 587-8570
noonank@foxlake.org
216 Washington Street
Fox Lake, IL 60020
Mikaela Urbanik
216 Washington Street
Fox Lake, IL 60020
Ph: (847) 587-8570
urbanikm@foxlake.org
21 Village of Grayslake 2,500 tons
Steven Fritz
10 South Seymour Avenue
Grayslake, IL 60030
Ph: (847) 223-8515
sfritz@villageofgrayslake.com
585 Berry Avenue
Grayslake, IL 60030
Steven Fritz
10 South Seymour Avenue
Grayslake, IL 60030
Ph: (847) 223-8515
sfritz@villageofgrayslake.com
Lake County Communities (continued)
290
Local Governmental Unit Contact Information Delivery Location Bill To Contact/Address
2023 PATROL I MAINTENANCE - SALT BID
Quantity:
Estimated
Usage
22 Village of Gurnee 2,600 tons
Heather Galan
1151 Kilborne Road
Gurnee, IL 60031
Ph: (847) 599-6811
hgalan@village.gurnee.il.us
1151 Kilborne Road
Gurnee, IL 60031
Kristine Poisl
1151 Kilborne Road
Gurnee, IL 60031
Ph: (847) 599-6801
kristinep@village.gurnee.il.us
23 Village of Hainesville 250 tons
Tim Seiler
100 N. Hainesville Rd.
Hainesville, IL 60030
Ph: (847) 521-6183
TSeiler@hainesville.org
389 West Main Street
Hainesville, IL 60030
Tim Seiler
100 N. Hainesville Rd.
Hainesville, IL 60030
Ph: (847) 521-6183
TSeiler@hainesville.org
24 City of Highland Park 1,600 tons
Ron Bannon
1150 Half Day Road
Highland Park, IL 60035
Ph: (847) 926-1146
rbannon@cityhpil.com
1180 Half Day Road
Highland Park, IL 60035
Ron Bannon
1150 Half Day Road
Highland Park, IL 60035
Ph: (847) 926-1146
rbannon@cityhpil.com
25 City of Highwood 1,000 tons
Scott Coren
552 Bank Lane
Highland Park, IL 60040
Ph: (847) 302-0087
scoren@cityofhighwood.org
523 Bank Lane
Highland Park, IL 60040
Jack Harding
552 Bank Lane
Highland Park, IL 60040
Ph: (224) 456-8273
26 Village of Island Lake 800 tons
Chris Carlsen
3720 Greenleaf Avenue
Island Lake, IL 60042
Ph: (847) 873-3497
chris.carlsen@voislk.com
3720 Greenleaf Avenue
Island Lake, IL 60042
Karen Luebbers
3720 Greenleaf Avenue
Island Lake, IL 60042
Ph: (847) 873-3497
Karen.luebbers@voislk.com
27 Village of Kildeer 900 tons
Michael Talbett
21911 Quentin Road,
Kildeer, IL 60047
Ph: (847) 438-6000
mtalbett@villageofkildeer.com
500 Rose Road,
Lake Zurich, IL 60047
Michael Talbett
21911 Quentin Road,
Kildeer, IL 60047
Ph: (847) 438-6000
mtalbett@villageofkildeer.com
Lake County Communities (continued)
291
Local Governmental Unit Contact Information Delivery Location Bill To Contact/Address
2023 PATROL I MAINTENANCE - SALT BID
Quantity:
Estimated
Usage
28 City of Lake Forest 1,900 tons
Michael Thomas
800 N. Field Drive
Lake Forest, IL 60045
Ph: (847) 810-3540
thomasm@cityoflakeforest.com
800 N. Field Drive
Lake Forest, IL 60045
Michael Thomas
800 N. Field Drive
Lake Forest, IL 60045
Ph: (847) 810-3540
thomasm@cityoflakeforest.com
29 Village of Lake Villa 940 tons
Ryan Horton
222 Oakknoll Dr
Lake Villa, IL 60046
Ph: (224) 355-7106
rhorton@lake-villa.org
222 Oakknoll Dr
Lake Villa, IL 60046
Village of Lake Villa
PO Box 519
Lake Villa, IL. 60046
accountspayable@lake-villa.org
30 Village of Libertyville 3,000 tons
Michael R. Brady
600 North Avenue
Libertyville, IL 60048
Ph: (847) 362-3434 or (847) 344-1360
mbrady@libertyville.com
600 North Avenue
Libertyville, IL 60048
Martin Wittrock
118 West Cook Avenue
Libertyville, IL 60048
(847) 362-3434 or (847) 344-1451
mwittrock@libertyville.com
31 Village of Lincolnshire 500 tons
Josh Markham
1 Olde Half Day Road
Lincolnshire, IL 60069
Ph: (847) 913-2388
jmarkham@lincolnshireil.gov
205 Schelter Road
Lincolnshire, IL 60069
Emily Land
1 Olde Half Day Road
Lincolnshire, IL 60069
Ph: (847) 913-2380
eland@lincolnshireil.gov
32 Village of Lindenhurst 650 tons
Charles Hernandez
2060 Grasslake Road
Lindenhurst, IL 60046
Ph: (847) 356-8252
chernandez@lindenhurstil.org
2060 Grasslake Road
Lindenhurst, IL 60046
Amie Miller
2060 Grasslake Road
Lindenhurst, IL 60046
Ph: (847) 356-8252
amiller@lindenhurstil.org
Lake County Communities (continued)
292
Local Governmental Unit Contact Information Delivery Location Bill To Contact/Address
2023 PATROL I MAINTENANCE - SALT BID
Quantity:
Estimated
Usage
33 Village of Long Grove 1,400 tons
Greg Jackson
gjackson@longgroveil.gov, Ph: (847) 321-5591
Denise Rosenquist
drosenquist@longgroveil.gov, Ph: (847) 352-2577
3110 Old McHenry Road
Long Grove, IL 60047
Lester's Material Service
1980 S. Highway 83
Grayslake, IL 60030
Greg Jackson
gjackson@longgroveil.gov, Ph: (847) 321-5591
Denise Rosenquist
drosenquist@longgroveil.gov, Ph: (847) 352-2577
3110 Old McHenry Road
Long Grove, IL 60047
INVOICE EMAIL : apdept@longgroveil.gov
34 Village of Mettawa 150 tons
Mandi Florip
26225 N. Riverwoods Blvd
Mettawa, IL 60045
(847) 494-0308
MFlorip@mettawa.org
800 N. Field Drive
Lake Forest, IL 60045
(Lake Forest Facility)
Mandi Florip
26225 N. Riverwoods Blvd
Mettawa, IL 60045
(847) 494-0308
MFlorip@mettawa.org
35 Village of Mundelein 1,000 tons
Kelsey Langeler
440 E. Crystal Street
Mundelein, IL 60060
Ph: (847) 949-3269
klangeler@mundelein.org
801 E. Allanson Road
Mundelein, IL 60060
Jeff Carrier
801 Allanson Rd
Mundelein, IL 60060
Ph: (847) 949-3272
jcarrier@mundelein.org
36 City of North Chicago 1,500 tons
Clarence Johnson
1850 Lewis Avenue
North Chicago, IL 60064
Ph: (847) 456-0992
clajoh@northchicago.org
1421 Renken Avenue
North Chicago, IL 60064
Yolanda McCrary
1850 Lewis Avenue
North Chicago, IL 60064
Ph: (847) 596-8870
clajoh@northchicago.org
37 City of Park City 150 tons
Kenneth Magnus
333 Teske Boulevard
Park City, IL 60085
Ph: (847) 623-5030
kenneth.magnus@parkcityil.org
333 Teske Boulevard
Park City, IL 60085
Kenneth Magnus
333 Teske Boulevard
Park City, IL 60085
Ph: (847) 623-5030
kenneth.magnus@parkcityil.org
Lake County Communities (continued)
293
Local Governmental Unit Contact Information Delivery Location Bill To Contact/Address
2023 PATROL I MAINTENANCE - SALT BID
Quantity:
Estimated
Usage
38 Village of Round Lake 1,600 tons
Adam Wedoff
751 W. Townline Road
Round Lake, IL 60073
Ph: (847) 546-0962
awedoff@eroundlake.com
751 W. Townline Road
Round Lake, IL 60073
Adam Wedoff
751 W. Townline Road
Round Lake, IL 60073
Ph: (847) 546-0962
awedoff@eroundlake.com
39 Village of Round Lake Beach 1,300 tons
Scott Hilts
911 Lotus Drive
Round Lake Beach, IL 60073
Ph: (847) 201-9180
shilts@roundlakebeachil.gov
911 Lotus Drive
Round Lake Beach, IL 60073
Scott Hilts
911 Lotus Drive
Round Lake Beach, IL 60073
Ph: (847) 201-9180
shilts@roundlakebeachil.gov
40 Village of Round Lake Heights 300 tons
John Roehlk
619 West Pontiac Court
Round Lake Heights, IL 60073
Ph: (847) 456-5989
jroehlk@rlhpd.org
619 West Pontiac Court
Round Lake Heights, IL 60073
John Roehlk
619 West Pontiac Court
Round Lake Heights, IL 60073
Ph: (847) 456-5989
jroehlk@rlhpd.org
41 Village of Vernon Hills 1,600 tons
Carissa Hansen
490 Greenleaf Drive
Vernon Hills, IL 60061
Ph: (847) 680-2269
carissah@vhills.org
490 Greenleaf Drive
Vernon Hills, IL 60061
David Brown
490 Greenleaf Drive
Vernon Hills, IL 60061
Ph: (847) 918-3544
daveb@vhills.org
42 Village of Wadsworth 500 tons
Corey Thompson
corey@villageofwadsworth.org, Ph: (847) 489-2995
Pat DiPersio
pdipersio@villageofwadsworth.org, Ph (847) 336-7771
14155 West Wadsworth Road
Wadsworth, IL 60083
14155 West Wadsworth Road
Wadsworth, IL 60083
Corey Thompson
14155 West Wadsworth Road
Wadsworth, IL 60083
Ph: (847) 489-2995
corey@villageofwadsworth.org
43 Village of Bannockburn 300 tons
Sam Sciaretta
SE Inc.
28430 Ballard Drive
Lake Forest, IL 60045
Ph: (847) 945-6080
ktrausch@villageofbannockburn.org
28430 Ballard Drive
Lake Forest, IL 60045
Kimberly Trausch
2275 Telegraph Road
Bannockburn, IL 60015
Ph: (847) 945-6080
ktrausch@villageofbannockburn.org
Lake County Communities (continued)
294
Local Governmental Unit Contact Information Delivery Location Bill To Contact/Address
2023 PATROL I MAINTENANCE - SALT BID
Quantity:
Estimated
Usage
44 Village of Wauconda 875 tons
Joe Coulter
302 Slocum Lake Road
Wauconda, IL 60084
Ph: (847) 975-5404
jcoulter@wauconda-il.gov
302 Slocum Lake Road
Wauconda, IL 60084
Liz Mak
302 Slocum Lake Road
Wauconda, IL 60084
Ph: (847) 526-9610 ext. 313
lmak@wauconda-il.gov
Lake County Communities (continued)
295
Local Governmental Unit Contact Information Delivery Location Bill To Contact/Address
2023 PATROL I MAINTENANCE - SALT BID
Quantity:
Estimated
Usage
45 Village of Glencoe 1,200 tons
Don Kirk
1900 Frontage Road
Glencoe, IL 60022
Ph: (847) 461-1154 or (224) 216-9150 (cell)
dkirk@villageofglencoe.org
1900 Frontage Road
Glencoe, IL 60022
Don Kirk
1900 Frontage Road
Glencoe, IL 60022
Ph: (847) 461-1154 or (224) 216-9150 (cell)
dkirk@villageofglencoe.org
46 Village of Glenview 2,500 tons
Dave Battaglia
2498 East Lake Avenue
Glenview, IL 60026
Ph: (847) 904-4522, Cell: (847)-376-0160
dbattaglia@glenview.il.us
2498 East Lake Avenue
Glenview, IL 60026
Dave Battaglia
2498 East Lake Avenue
Glenview, IL 60026
Ph: (847) 904-4522, Cell: (847)-376-0160
dbattaglia@glenview.il.us
47 Village of Kenilworth 250 tons
Donald Leicht
347 Ivy Court
Kenilworth, Il 60043
(847) 257-2354
dleicht@kenilworthil.org
347 Ivy Court
Kenilworth, Il 60043
Donald Leicht
347 Ivy Court
Kenilworth, Il 60043
(847) 257-2354
dleicht@kenilworthil.org
48 Village of Wilmette 850 tons
Guy Lam
lamg@wilmette.com, Ph: (847) 853-7595
Cliff Ruemmler
ruemmlerc@wilmette.com, Ph: (847) 853.7619
711 Laramie Avenue
Wilmette, IL 60091
711 Laramie Avenue
Wilmette, IL 60091
Accounts Payable
Village of Wilmette
1200 Wilmette Avenue
Wilmette, IL 60091
(847) 853-7603
AP@wilmette.com
49 Village of Winnetka 1,440 tons
Mike Mahoney
1390 Willow Road
Winnetka, IL 60093
(847) 716-3263
mmahoney@winnetka.org
1390 Willow Road
Winnetka, IL 60093
Giovanni Mclean
1390 Willow Road
Winnetka, IL 60093
(847) 716-3270
gmclean@winnetka.org
Cook County Communities
296
Local Governmental Unit Contact Information Delivery Location Bill To Contact/Address
2023 PATROL I MAINTENANCE - SALT BID
Quantity:
Estimated
Usage
50 Algonquin Township 1,500 tons
Danijela Sandberg
Highway Commissioner
3702 Northwest Highway
Crystal Lake, IL 60014
Ph: (847) 639-2700 ex 6
dsandberg@algtwsp.com
3702 Northwest Highway
Crystal Lake, IL 60014
Danijela Sandberg
Highway Commissioner
3702 Northwest Highway
Crystal Lake, IL 60014
Ph: (847) 639-2700 ex 6
dsandberg@algtwsp.com
51 McHenry Township Road District 2,500 tons
Jim Condon
3703 North Richmond Road
Johnsburg, Illinois 60051
Ph: 815-385-3076
jcondon@mchenrytownship.com
3703 North Richmond Road
Johnsburg, Illinois 60051
Adam Vick
3703 North Richmond Road
Johnsburg, Illinois 60051
Ph: 815-385-3076, Cell: 815-687-6710
adam@mchenrytownship.com
52 City of Des Plaines 2,000 tons
Tom Bueser, Tim Watkins
847-391-5470, 847-391-5468
1111 Joseph Schwab Rd.
Des Plaines, IL 60016
tbueser@desplaines.org,twatkins@desplaines.org
1111 Joseph Schwab Rd.
Des Plaines, IL 60016
Jason Ostrowski
1111 Joseph Schwab Rd.
Des Plaines, IL 60016
847-391-5471
jostrowski@desplaines.org
53 Village of Cary 1,500 tons
Steve Kopacz
454 Cary Woods Circle
Cary, IL 60013
Ph: (847) 980-8840
skopacz@caryillinois.com
454 Cary Woods Circle
Cary, IL 60013
Village of Cary finance Dept. (ATTN Kelly
Brainerd)
655 Village Hall Drive
Cary, IL 60013
Ph: (847) 639-0003
finance@caryillinois.com
54 Village of Fox River Grove 700 tons
John Reese
1229 Lincoln Ave.
Fox River Grove, IL 60021
Ph: (224) 888-0850
j.reese@foxrivergrove.org
1229 Lincoln Avenue
Fox River Grove, IL 60021
John Reese
1229 Lincoln Ave.
Fox River Grove, IL 60021
Ph: (224) 888-0850
j.reese@foxrivergrove.org
McHenry County Townships
McHenry County Communities
297
Local Governmental Unit Contact Information Delivery Location Bill To Contact/Address
2023 PATROL I MAINTENANCE - SALT BID
Quantity:
Estimated
Usage
55 City of Woodstock 1,800 tons
Chris Lynk
326 Washington Street
Woodstock, IL 60098
Ph: (815) 338 - 6118
Clynk@woodstockil.gov
326 Washington Street
Woodstock, IL 60098
DO NOT USE THE DAIRY QUEEN
ENTRANCES -
USE ONLY MARKED PUBLIC
WORKS ENTRANCES.
DELIVERY HOURS ARE
7:00 AM TO 3:30 PM
Chris Lynk
326 Washington Street
Woodstock, IL 60098
Ph: (815) 338 - 6118
Clynk@woodstockil.gov
56 Village of Richmond 250 tons
Jon Schmitt
8150 State Route 31
Richmond, Illinois 60071
Ph: 773-485-6631
publicworks@richmond-il.com
8150 State Route 31
Richmond, Illinois 60071
Tim Koenig
8150 State Route 31
Richmond, Illinois 60071
Ph: 815-687-6159
pwcrewleader@richmond-il.com
57 Village of Johnsburg 1,250 tons
Dave Walsh - Office: 815.363.8667 / Cell:
815.482.9981
publicworks@johnsburg.org
Vinny Lamontagna - Office: 815.385.6023 / Cell:
815.482.9927
vlamontagna@johnsburg.org
3200 N. Richmond Rd (Rt-31)
Johnsburg, IL 60051
(Secure Gated Facility) 3200
N. Richmond Rd (Rt-31)
Johnsburg, IL 60051
Beckey Kijak
3200 N. Richmond Rd (Rt-31)
Johnsburg, IL 60051
Office: 815.385.6023
bkijak@johnsburg.org
58 Village of Algonquin 2,800 tons
Vince Kilcullen
110 Meyer Drive
Algonquin, Illinois 60102
Ph: 847-658-1284
vkilcullen@algonquin.org
110 Meyer Drive
Algonquin, Illinois 60102
Vince Kilcullen
110 Meyer Drive
Algonquin, Illinois 60102
Ph: 847-658-1284
vkilcullen@algonquin.org
McHenry County Communities (continued)
298
Local Governmental Unit Contact Information Delivery Location Bill To Contact/Address
2023 PATROL I MAINTENANCE - SALT BID
Quantity:
Estimated
Usage
59 City of Crystal Lake 7,500 tons
Larry Zurek
Ph: 815-790-6979, lzurek@crystallake.org
Mike Magnuson
Ph: 815-345-0030, mmagnuson@crystallake.org
100 W. Woodstock Street
Crystal Lake, IL 60014
100 W. Woodstock Street
Crystal Lake, IL 60014
Larry Zurek
Ph: 815-790-6979, lzurek@crystallake.org
Mike Magnuson
Ph: 815-345-0030, mmagnuson@crystallake.org
100 W. Woodstock Street
Crystal Lake, IL 60014
60 Village of Spring Grove 600 tons
Mike Frer
mfrer@springgrovevillage.com,
Bob Walczak
bwalczak@springgrovevillage.com
Ph: (815) 675-4720
7401 Meyer Rd.
Spring Grove, IL 60081
7401 Meyer Rd.
Spring Grove, IL 60081
Charis Attermeier
Ph: (815) 675-2121
7401 Meyer Rd.
Spring Grove, IL 60081
Cattermeier@villageofspringgrove.com
61 Village of Wonder Lake 450 tons
William Beith
4200 Thompson Road
Wonder Lake 60097
Ph: (815) 728-7725
wbeith@wlvillage.org
4200 Thompson Road
Wonder Lake 60097
William Beith
4200 Thompson Road
Wonder Lake 60097
Ph: (815) 728-7725
wbeith@wlvillage.org
62 City of McHenry 1,500 tons
Steve Wirch
1415 Industrial Drive
McHenry, IL 60050
Ph: (815) 363-2205
swirch@cityofmchenry.org
1) 1415 Industrial Drive;
McHenry, IL 60050
2) 3200 Charles J. Miller Road;
McHenry, IL 60050
Steve Wirch
1415 Industrial Drive
McHenry, IL 60050
Ph: (815) 363-2205
swirch@cityofmchenry.org
McHenry County Communities (continued)
299
Local Governmental Unit Contact Information Delivery Location Bill To Contact/Address
2023 PATROL I MAINTENANCE - SALT BID
Quantity:
Estimated
Usage
63 Village of Prairie Grove 500 tons
Josh Singer
4507 W. Gracy Road
McHenry, IL 60050
Ph: 815-382-8836
jsinger@prairiegrove.org
4507 W. Gracy Road
McHenry, IL 60050
Josh Singer
3125 Barreville Road
Prairie Grove, IL 60012
Ph: 815-382-8836
jsinger@prairiegrove.org
64 McHenry County DOT 4,000 tons
Bob Hensel
BMHensel@mchenrycountyil.gov - Ph: (815) 529-5733
Ed Markison
ecmarkison@mchenrycountyil.gov, Ph: (815) 482-3997
16111 Nelson Road
Woodstock Il 60098
(Use entrance off Hartland Road)
16111 Nelson Road
Woodstock Il 60098
Bob Hensel
BMHensel@mchenrycountyil.gov - Ph: (815) 529-5733
Ed Markison
ecmarkison@mchenrycountyil.gov, Ph: (815) 482-3997
16111 Nelson Road
Woodstock Il 60098
ENHANCED SALT
McHenry County DOT
McHenry County Communities (continued)
300
Acceptance of Proposal to Furnish
Materials and Approval of Award
Page 1 of 1 BLR 12330 (Rev. 06/09/21)Printed 05/11/22
In accordance with your proposal submitted on
Date of Submittal
04/12/22 , a copy of which is in our files, you have been awarded the contract for
furnishing the following materials required in the
Construction or Maintenance
maintenance of the above designated project. Materials shall be inspected in
accordance with current Departmental policies.
Local Public Agency
City of McHenry
County
McHenry
Street Name/Road Name
Various
Bidder's Name
City of McHenry
Bidder's Address
333 S. Green Street
City
McHenry
State
IL
Zip Code
60050
Section Number
Item Unit of Measure Quantity Unit Price Amount
Bulk Rock Salt TON 1,500 $87.8900 $131,835.00
Total $131,835.00
Terms
Lake County Salt Material Proposal (Attached)
Shipping Instructions
Delivery Locations:
McHenry PW Facility - 1415 Industrial Drive; McHenry, IL 60050
McHenry WWTP - 3200 Charles J. Miller Road; McHenry, IL 60050
For Municipal Projects
Municipal Official Signature Date
For County And Road District Project
Highway Commissioner Signature Date
County Engineer/Superintendent of Highways
Signature Date
Illinois Department of Transportation
Concurrence in Approval of Award
Regional Engineer Signature Date
301
BLR 12330 (Rev. 06/09/21)Printed 05/11/22
Instructions BLR 12330 - Page 1 of 1
The instructions should not be included when the form is submitted.
This form shall be completed by the Local Public Agency (LPA) after the material proposal or deliver and install proposal letting to notify
the material supplier of the award and how the material will be furnished. This form is not to be used where all bids are accepted from all
bidders. Material Quotations, BLR 12250, is to be used. See the Bureau of Local Roads and Streets Manual (BLRS) Chapter 12 for more
information. For signature requirements, refer to Chapter 2, Section 3.05(b) of the BLRS Manual.
Local Public Agency Insert the name of the LPA soliciting bids for the project.
County Insert the name of the County in which the LPA is located.
Street Name/Road Name Insert the name of the street/road on which the project is located. For projects that include
several streets or routes insert various.
Section Number Insert the section number assigned to this project without dashes. If there are two section
numbers assigned to the project, click on the plus sign. In the additional box labeled Section
(2) add the second section number.
Bidder Insert the name of the successful bidder.
Address Insert the address of the successful bidder.
Date of Submittal Insert the date the proposal was submitted.
Construction or Maintenance Insert the type of project this is for, construction or maintenance.
Item Insert the name of the item.
Unit Insert the unit of measure for the item.
Quantity Insert the quantity of for the item.
Unit Price Insert the awarded unit price for the item.
Amount No entry necessary this is a calculated field, it multiplies the quantity times the unit price.
Button Functionality Use the Add Row (+) and/or Remove Row (-) buttons located at the beginning of each line/
row to either add a row directly below the row that the Add (+) button is clicked on or remove
the actual row that the Remove (-) button is clicked on.
Terms Insert any terms concerning this award (e.g. this could include discounts for paying within a
certain number of days).
Shipping Instructions Insert the shipping instructions indicating a last date when the material is needed for the
minimum or maximum amount of material to be delivered.
Municipal Official For a municipal project, the appropriate municipal LPA official will sign and date here.
Highway Commissioner If this project is for a Road District, the Highway Commissioner will sign and date here.
County Engineer
/Superintendent of Highways For County/Road District projects, the County Engineer/Superintendent of Highways will sign
and date here.
Regional Engineer Upon approval the IDOT Regional Engineer will sign and date here.
A minimum of five (5) signed originals must be submitted to the Regional Engineer's District office.
Local Public Agency Clerk
Local Public Agency Engineer/Consultant
District File
District Bureau of Materials
Bidder/Contractor
302
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.
CONSENT AGENDA ITEM
DATE: May 16, 2022
TO: Mayor and City Council
FROM: Monte Johnson
RE: American Legion Request for Alley Closure
ATT: Signatures, Map
AGENDA ITEM SUMMARY:
The American Legion has requested to close the alley behind them so that they can host an
event. This event was approved and held last year and is being planned this year the same as
last. Staff is willing to support the closure no earlier than noon and no later than 5:00 p.m. on a
Sunday. A layout is attached that shows the area of the alley to be closed. A letter signed by
each of the businesses on the alley is also being required showing that they do not have an
issue with the closure.
The American Legion is requesting closure of the alley on Sunday, June 2 6th. The Legion is
calling the event “Party Out Back”, which would start at noon and end at 5:00 p.m. They will
have roasts, bands, and beverages. The event will be open to the public.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended a motion be made to approve the closure of
the alley west of Riverside Drive on Sunday, June 26th, from 12:00 p.m. until 5:00 p.m.
303
NParkStNParkStPe
a
rlSt
Pe
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NRiversideDrNRiversideDrSource: Esri, Maxar, Earthstar Geographics, and the GIS User Community~ Sources: Esri, HERE, Garmin,
FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community
American Legion - Party Out Back - 6/26/22
Amer
i
c
a
n
L
e
g
i
o
nArea to be closed304
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.
CONSENT AGENDA ITEM
DATE: May 16, 2022
TO: Mayor and City Council
FROM: Monte Johnson
RE: PLAV Request for Street Closure on August 7, 2022
AGENDA ITEM SUMMARY:
The purpose of this agenda item is for the consideration of a request for the Clos ure of Park
Street between 1304/1309 Park Street to Elm Street by the Liberty Club, NFP.
BACKGROUND/ANALYSIS:
Each year the Liberty Club, NFP (PLAV) holds a celebration where a portion of Park Street is
closed. The City has granted this use in previous years and there have been no issues with the
closure. This request is being made this year for Sunday, August 7 th.
As in previous years, no City services are needed except for the provision of barricades to block
the street. The PLAV will be required to notify those addresses located on Park Str eet and
coordinate ingress/egress with them, if nee ded.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended that Park Street, from 1304/1309 Park Street
to Elm Street, be closed between 12:00 p.m. and 6:00 p.m. on Sunday, August 7th for use by
the Liberty Club, NFP (PLAV).
305
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: April 18, 2022
TO: Mayor and City Council
FROM: Bill Hobson, Director of Parks and Recreation
RE: McHenry Riverwalk Foundation Food Trucks at Miller Point Park
AGENDA ITEM SUMMARY: The McHenry Riverwalk Foundation is requesting permission to
utilize Miller Point Parking Lot on Saturdays and Sundays from May – the end of September to
park 1 -2 food trucks from 12pm- 6pm.
BACKGROUND: At the May 2, 2022 City Council meeting an extensive discussion was held
regarding the possibility of locating food trucks at Miller Point Park in downtown McHenry and
what the parameters of a proposed program would be.
Discussion centered on two days a week with limited hours to best protect local restaurants
interests, particularly in the dinner hours. The two days were suggested as the weekend to
coincide with events that the McHenry Riverwalk Foundation has already lined up. Those events
being the music Sundays. In addition, Saturdays would be a draw with boat and kayak rentals
available as well as the public pier space for the Fox River Boat traffic. A timeframe for the trucks
would be limited to 12pm – 6pm.
The program would be managed by the McHenry Riverwalk Foundation, who would schedule
and collect a daily $50 fee from each truck present. Half of the money would be kept by the
Foundation and the other half would reimbursed to the City from the Foundation.
ANALYSIS: The food truck use was an idea from the initial purchase of Miller Point Park as a
potential unique draw. The concrete parking lot and Green space for picnic tables is a great
setting. It is obviously adjacent to the river and to the Riverwalk. The presence of the All Marine
Retro Rentals further cements the mix of uses in that location. There is also parking and access
to an intersection with a stoplight provides safe access for attendees.
306
Partnering with the McHenry Riverwalk Foundation is something that the city already does on a
consistent basis. This pairing and sharing of revenue and responsibilities has been very successful
with numerous other events.
If there are two food trucks at $50 each, with a split of the revenue between the city and the
McHenry Riverwalk Foundation, this is similar to what a special use permit for the day would be
at $55.
The limited schedule does go a long way to letting brick and mortar businesses know that while
attracting visitors is extremely important to the city but so is protecting their interests as well.
The only city assistance would be things that are already there such as picnic tables and garbage
cans. There is power, however trucks must have the ability to run off a generator as well.
Overall, this is an excellent opportunity to continue to draw visitors to the Riverwalk and to
Downtown McHenry as well as provide exposure daily to our community.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended that a motion be considered to approve a
Parks Special Use Permit Application submitted by the McHenry Riverwalk Foundation for the
use and ability to park 1 -2 food trucks a day on Saturdays and Sundays only at Miller Point
Park from May – September from 12pm to 6pm and split the revenue on a $50/truck/day
charge.
307
308
309
310
311
312
313
314
City of McHenry Council
Meeting Minutes
5.2.22
1
AGENDA
REGULAR CITY COUNCIL MEETING
Monday, May 2, 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 -absent, 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
Consent Agenda: Motion to Approve the following Consent Agenda Items:
A. waiveive 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. for $126,213.00; (Public
Works Director Strange)
C. Task Order for Phase III Engineering Services for the South Riverside Parking
Expansion Project to Baxter and Woodman, Inc. for $23,105.00; (Public Works
Director Strange)
D. Award of Contract to Chicagoland Paving of Lake Zurich, Illinois for $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 for $64,999.40
(actual amount may vary based on final measured quantities) for the 2022 Asphalt
Crack Sealing Maintenance Program; (Public Works Director Strange)
315
City of McHenry Council
Meeting Minutes
5.2.22
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. for $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)
I. Police Department Renovation Project – 1) Adopt an Ordinance waiving the
requirement for advertising for competitive bidding outlined 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 into 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, 3:00 pm until 10:00 pm – 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, from 4:00 pm until 9:45 pm; and, permission for approximate
10-minute fireworks display beginning at 9:45 pm; (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 $329,250.19 Checks.
A motion was made by Alderman Strach and seconded by Alderman McClatchey to
approve Consent Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi,
Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman
Devine, Alderwoman Miller-absent. 0-nays, 0-abstained. Motion carried.
316
City of McHenry Council
Meeting Minutes
5.2.22
Individual Action Item Agenda:
A. Motion to approve a Video Gaming License for Margaritas Restaurant Bar, located
at 2314 W. Illinois Route 120.
A motion was made by Alderman Santi and seconded by Alderman McClatchey to
approve Individual Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi,
Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman
Devine, Alderwoman Miller-absent. 0-nays, 0-abstained. Motion carried.
B. Motion to approve an Ordinance amending the FY22/23 Developer Donation Budget
for $125,000 for costs related to the installation of a Splash Pad at Whispering Oaks
Park. (Parks and Recreation Director Hobson)
July 1st for the opening date per Hobson
*Clerks Note Individual Action Item was voted on per below:
Alderman Santi motioned to move back individual Action Item to a year. due to it being a pure
donation and should be held off that is the motion that he wanted so it is 100% donation funded.
Alderman Glab seconds that to move to next year.
There was also a discussion regarding the parking lot and the number of spaces as wel l.
A motion was made by Alderman Santi and seconded by Alderman Glab to approve
Individual Agenda Items as presented: Roll Call: Vote: 2-ayes: Alderman Santi, Alderman
Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine,
Alderwoman Mille-absent. 4-nays, 0-abstained. Motion carried.
Discussion Items:
A. All Marine Retro Rentals Liquor License – Discussion regarding the potential to
amend/expand their existing Class G Liquor License. (Staff)
Director Hobson talked about events around town that All Marine Retro Rentals do not currently
have a liquor license for the reason is the license. It is the City Liquor licenses that will not
cover special events that they would like to be part of.
The overall goal would be to have the City Liquor License, they do not want to be a full bar but
would like to allow tasting events, etc.
The owners were also present at the meeting, speaking at the podium stated they would like
to add some fun events stated by owners Dylan and Michelle.
Alderman McClatchy asked for confirmation of several events, it was explained it could be such
as the first Friday of the month, or any special events that The City of McHenry has run.
317
City of McHenry Council
Meeting Minutes
5.2.22
Prepackaged require which is what is currently sold is still the only alcohol that is allowed off-
site. The time frame would be 4-7:30, which is not being altered.
Alderman Strach had posed the question of how the liquor license could change the draw to
the park.
Alderman Devine would like to keep things the same as what they currently have.
Also noted by Director Hobson that this would be something that would occur a few times a
year and they would like to be included in events.
Modifying the current licenses and adding an amendment could also be an idea, per Attorney
McArdle. Would like to bring back to the council with exact dates. Most of the council was okay
with a certain amount of dates a few times a year.
B. Food trucks at Miller Point Park. (Parks and Recreation Director Hobson)
Director Hobson had asked the question: Is this something that may not be well received by
Director Hobson, Volvo Food Trucks looking for a new home, lunch , and dinner crowd? There
is an organizer who gets the lineup set but he wanted to bring this to The Council to get their
opinions.
Alderman Santi would like the food trucks to not be on a Friday night so that residents can
support brick and mortar, thinks there should be fees as well.
Alderman McClatchey wanted to know how many trucks, no more than two per Director
Hobson, but wanted to know what days would be in service.
Alderman Harding wanted to know if there are different trucks, they would be rotated per
Director Hobson. Alderman Strach thanked Director Hobson regardin g their conversation,
however, feels that brick and mortar may have some issues with it and it may take away from
it, what kind of clientele would we like to see, and is it harder to keep in control . He is on board
with some of it but not every day.
Alderman Devine could see a couple of nights a week, that way it will not affect the downtown
restaurants, maybe a Saturday afternoon during the summer, etc.
This discussion went on for some time including location ideas, dates , and times. Alderman
Strach stated that he reached out to many locals as well in the Thursday Night Group to try to
get local restaurants to do food trucks. Director Hobson appreciated the input and this could
be brought to The Council for another meeting agenda item.
Executive Session as needed: None
Staff Report for May 2, 2022: None
Mayor’s Report: None
City Council Comments: Director Hobson introduced Dan Taylor and Brigette Birong to The
Council, Hickory Creek Farm leasing attendees.
Director Polerecky thanked Director Strange for helping to get the Pear Street Bridge repaired
quickly. Many others on The Council also agreed with the rapid work of the team getting the
bridge repaired and back up and usable.
318
City of McHenry Council
Meeting Minutes
5.2.22
Adjourn: A motion was made by Alderman Santi and seconded by Alderman Strach to
adjourn the meeting at 8:03 PM. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Glab,
Alderman McClatchey, Alderman Harding, Alderman Strach , Alderman Devine, Alderwoman
Miller-absent. 0-nay-, 0-abstained. Motion carried.
X
Mayor Wayne Jett
X
City Clerk Trisha Ramel
319
Expense Approval Register
McHenry, IL List of Bills Council Meeting ‐ 5‐16‐2022
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: ADAMS AUTO BODY
ADAMS AUTO BODY 22849K231648 CL# 04/30/2022 CLAIM 22849K231648 610‐00‐5980 4,182.32
Vendor ADAMS AUTO BODY Total:
4,182.32
Vendor: AEP ENERGY
AEP ENERGY INV0013082 04/30/2022 UTIL 100‐33‐5520 2,838.86
AEP ENERGY INV0013082 04/30/2022 UTIL 100‐42‐5510 263.76
AEP ENERGY
INV0013082
04/30/2022
UTIL
100‐45‐5510
357.15
AEP ENERGY
INV0013082
04/30/2022
UTIL
400‐00‐5510
3,797.01
AEP ENERGY
INV0013083
04/30/2022
UTIL
510‐31‐5510
12,038.89
AEP ENERGY INV0013083 04/30/2022 UTIL 510‐32‐5510 24,546.62
Vendor AEP ENERGY Total:
43,842.29
Vendor: AMERICAN SOLUTIONS FOR BUSINESS
AMERICAN SOLUTIONS FOR
INV05974546
04/30/2022
ICSC PROMO COOLER
100‐06‐5110
324.84
AMERICAN SOLUTIONS FOR INV05989202 04/30/2022 ICSC PROMO SHOT GLASSES 100‐06‐5110 402.78
Vendor AMERICAN SOLUTIONS FOR BUSINESS Total:
727.62
Vendor: ARAMARK
ARAMARK
24508702
04/30/2022
GLASCOTT UNIF AND PKS CR
100‐33‐4510
108.97
ARAMARK 24508702 04/30/2022 GLASCOTT UNIF AND PKS CR 100‐45‐4510 ‐87.90
ARAMARK
24535401
04/30/2022
B SCHEEL UNIFORM T SHIRT
510‐31‐4510
33.96
Vendor ARAMARK Total: 55.03
Vendor: BAXTER & WOODMAN
BAXTER & WOODMAN
0233693
04/30/2022
SUPER AGGREGATES
740‐00‐5220
880.00
Vendor BAXTER & WOODMAN Total:
880.00
Vendor: CHRISTOPHER B BURKE ENGINEERING, LTD
CHRISTOPHER B BURKE
174502
04/30/2022
KNOX PARK P LOT REHAB
100‐01‐8900
340.00
CHRISTOPHER B BURKE 174503 04/30/2022 MAIN ST P LOT REHAB 100‐01‐8900 3,941.00
CHRISTOPHER B BURKE 174504 04/30/2022 KNOX PARK P LOT REHAB 100‐01‐8900 19,686.43
Vendor CHRISTOPHER B BURKE ENGINEERING, LTD Total:
23,967.43
Vendor: CINTAS
CINTAS 1902943070 04/30/2022 GLOVES 510‐32‐6110 150.00
Vendor CINTAS Total:
150.00
Vendor: COMED
COMED
INV0013084
04/30/2022
UTIL
510‐32‐5510
23.22
Vendor COMED Total:
23.22
Vendor: CONDUENT HR SERVICES LLC
CONDUENT HR SERVICES LLC
2483028
04/30/2022
MARCH 2022 SERVICE FEES
600‐00‐6960
63.00
Vendor CONDUENT HR SERVICES LLC Total: 63.00
Vendor: CONSTELLATION NEWENERGY INC
CONSTELLATION NEWENERGY
INV0013085
04/30/2022
UTIL
100‐33‐5520
964.23
Vendor CONSTELLATION NEWENERGY INC Total: 964.23
Vendor: CRYSTAL LAKE PARK DISTRICT
CRYSTAL LAKE PARK DISTRICT
1222‐201
04/30/2022
MAXSON RIVER BOAT 10 PART
100‐46‐5110
390.00
CRYSTAL LAKE PARK DISTRICT 1222‐205 04/30/2022 MAXON RIVERBOAT TRIP 1 100‐46‐5110 39.00
Vendor CRYSTAL LAKE PARK DISTRICT Total:
429.00
Vendor: DAHM ENTERPRISES, INC
DAHM ENTERPRISES, INC
1469‐APRIL
04/30/2022
APRIL
510‐32‐5580
204.93
Vendor DAHM ENTERPRISES, INC Total:
204.93
Vendor: DONS CLEANERS
DONS CLEANERS
123377
04/30/2022
DRY CLEAN DISPLAY CLOTHS
100‐06‐5110
48.00
Vendor DONS CLEANERS Total:
48.00
5/11/2022 3:22:00 PM
320
Expense Approval Register Packet: APPKT02391 ‐ 5‐16‐2022 AP CKS
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP
ED'S AUTOMOTIVE/JIM'S
2186 4‐30‐22
04/30/2022
VEH INSP 405,422,441
100‐33‐5370
90.00
ED'S AUTOMOTIVE/JIM'S 4‐30‐22 2186 04/30/2022 VEH INSP803,812,813 510‐35‐5370 90.00
Vendor ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP Total:
180.00
Vendor: FERRANTE, ANTHONY
FERRANTE, ANTHONY
P22‐04‐160
04/30/2022
REFUND ON PERMIT
100‐00‐3410
59.00
Vendor FERRANTE, ANTHONY Total:
59.00
Vendor: FOX VALLEY FIRE & SAFETY
FOX VALLEY FIRE & SAFETY
IN00515845
04/30/2022
MUN RADIO MAINT
225‐00‐5110
2,860.00
Vendor FOX VALLEY FIRE & SAFETY Total:
2,860.00
Vendor: GREEN DOOR PROMOTIONS LLC
GREEN DOOR PROMOTIONS
22‐2253
04/30/2022
MMAC JACKET EMBROIDERY
100‐47‐6110
180.50
GREEN DOOR PROMOTIONS
22‐2258
04/30/2022
MMAC MOOLAH SHIRTS
100‐47‐6110
208.90
Vendor GREEN DOOR PROMOTIONS LLC Total:
389.40
Vendor: HLR
HLR
20220825
04/30/2022
DARTMOOR DR RESURF PH II
270‐00‐8600
750.00
HLR
20220837
04/30/2022
MCHENRY BV RD RESURF PH II
270‐00‐8600
6,060.00
Vendor HLR Total:
6,810.00
Vendor: HRGREEN
HRGREEN
143555
04/30/2022
CONTINENTAL PROPERTIES
740‐00‐5220
3,480.75
HRGREEN
143556
04/30/2022
CUNAT
740‐00‐5220
380.00
HRGREEN
143559
04/30/2022
THORNTONS
740‐00‐5220
1,140.00
HRGREEN
144923
04/30/2022
GEN CONST (MUNSON,
740‐00‐5220
590.00
HRGREEN
144927
04/30/2022
BLAKE FARM ‐ CONTINENTAL
740‐00‐5220
7,462.50
HRGREEN
144929
04/30/2022
CUNAT
740‐00‐5220
1,030.00
HRGREEN
145791
04/30/2022
BLAKE FARMS PLAN REVIEW
740‐00‐5220
658.00
HRGREEN
145792
04/30/2022
CUNAT
740‐00‐5220
600.00
HRGREEN 146570 04/30/2022 BLAKE FARM 740‐00‐5220 800.00
HRGREEN
146571
04/30/2022
PATRIOT ESTATES
740‐00‐5220
800.00
HRGREEN
148104
04/30/2022
THORNTONS
740‐00‐5220
12,145.00
HRGREEN
148106
04/30/2022
RIDE N SHINE CAR WASH
740‐00‐5220
800.00
HRGREEN 149648 04/30/2022 CONTINENTAL PROPERTIES 740‐00‐5220 10,820.00
HRGREEN 149649 04/30/2022 ARBY'S TRAFFIC STUDY REVIEW 740‐00‐5220 853.25
HRGREEN
149650
04/30/2022
CDM MCHENRY (ASPEN
740‐00‐5220
800.00
HRGREEN
149694
04/30/2022
CUNAT
740‐00‐5220
1,000.00
Vendor HRGREEN Total:
43,359.50
Vendor: ICMA
ICMA
397012 22‐23
05/16/2022
D. MOREFIELD ANNUAL MSHIP
100‐01‐5410
1,400.00
Vendor ICMA Total:
1,400.00
Vendor: INFOSEND, INC
INFOSEND, INC
211780
04/30/2022
APRIL 2022 W‐S BILL SVS
100‐04‐5310
676.97
INFOSEND, INC
211780
04/30/2022
APRIL 2022 W‐S BILL SVS
100‐04‐5330
309.61
Vendor INFOSEND, INC Total: 986.58
Vendor: KIWANIS CLUB OF MCHENRY
KIWANIS CLUB OF MCHENRY 10220 04/30/2022 DM KIWANIS LUNCH MEETING 100‐06‐5430 15.00
Vendor KIWANIS CLUB OF MCHENRY Total:
15.00
Vendor: LANG AUTO GROUP, GARY
LANG AUTO GROUP, GARY
6235577/1
04/30/2022
PARKS TRUCK 136
100‐01‐8300
984.74
LANG AUTO GROUP, GARY
INV0013086
05/16/2022
21/22 SALES TAX INCENTIVE
100‐04‐6945
100,000.00
Vendor LANG AUTO GROUP, GARY Total:
100,984.74
Vendor: LEXISNEXIS
LEXISNEXIS 1236684‐20220430 04/30/2022 SEARCHES 100‐22‐5110 126.50
Vendor LEXISNEXIS Total:
126.50
Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK
MCANDREWS PC, THE LAW
4‐18‐22
04/30/2022
TRAFFIC LEGAL APRIL 2022
100‐01‐5230
4,000.00
Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total:
4,000.00
5/11/2022 3:22:00 PM
321
Expense Approval Register Packet: APPKT02391 ‐ 5‐16‐2022 AP CKS
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: MCHENRY COUNTY CHIEFS OF POLICE
MCHENRY COUNTY CHIEFS OF
MAY 2022
05/16/2022
MAY MEETING
100‐22‐5430
60.00
Vendor MCHENRY COUNTY CHIEFS OF POLICE Total:
60.00
Vendor: MCHENRY COUNTY CONVENTION &
MCHENRY COUNTY
MCH022
04/30/2022
JULY 2021‐JUNE 2022 SUPPORT
200‐00‐5110
12,000.00
Vendor MCHENRY COUNTY CONVENTION & Total:
12,000.00
Vendor: MOTOROLA SOLUTIONS CREDIT COMPANY
MOTOROLA SOLUTIONS
30999
05/16/2022
POLICE RADIO LEASE LOAN
100‐22‐5110
51,044.47
Vendor MOTOROLA SOLUTIONS CREDIT COMPANY Total: 51,044.47
Vendor: NATIONAL RECREATION AND PARK ASSN
NATIONAL RECREATION AND 29548 6‐30‐22 05/16/2022 C. WITT NPRA MSHIP 100‐41‐5410 675.00
Vendor NATIONAL RECREATION AND PARK ASSN Total:
675.00
Vendor: NICOR GAS
NICOR GAS
INV0013087
05/16/2022
UTIL
100‐42‐5510
426.10
NICOR GAS INV0013087 05/16/2022 UTIL 100‐43‐5510 152.18
NICOR GAS
INV0013087
05/16/2022
UTIL
100‐45‐5510
245.58
NICOR GAS
INV0013087
05/16/2022
UTIL
100‐46‐5510
47.76
NICOR GAS
INV0013087
05/16/2022
UTIL
400‐00‐5510
316.66
NICOR GAS INV0013088 05/16/2022 UTIL 510‐31‐5510 567.10
NICOR GAS
INV0013088
05/16/2022
UTIL
510‐32‐5510
7,557.37
Vendor NICOR GAS Total: 9,312.75
Vendor: NISRA
NISRA
3017 5‐1‐22
05/16/2022
MEMBER DUES
100‐41‐5410
127,633.00
Vendor NISRA Total:
127,633.00
Vendor: PACE ANALYTICAL SERVICES, LLC
PACE ANALYTICAL SERVICES,
I9509458
04/30/2022
MONTHLY
510‐31‐5110
497.50
Vendor PACE ANALYTICAL SERVICES, LLC Total:
497.50
Vendor: PETROCHOICE LLC
PETROCHOICE LLC
50882060
04/30/2022
FUEL
100‐45‐6250
106.07
Vendor PETROCHOICE LLC Total:
106.07
Vendor: RADICOM INC
RADICOM INC 303746 05/16/2022 5 YEAR CONTRACT 100‐1290 12,528.00
RADICOM INC
303746
05/16/2022
5 YEAR CONTRACT
100‐22‐5110
3,132.00
RADICOM INC
303747
05/16/2022
5 YEAR CONTRACT
100‐1290
122,032.80
RADICOM INC
303747
05/16/2022
5 YEAR CONTRACT
100‐22‐5110
30,508.20
Vendor RADICOM INC Total:
168,201.00
Vendor: RUMPS, SAVANNAH
RUMPS, SAVANNAH
352393
05/16/2022
REFUND
400‐40‐3645
77.00
Vendor RUMPS, SAVANNAH Total:
77.00
Vendor: SEMROW JR, HARRY H
SEMROW JR, HARRY H
MARCH2022
04/30/2022
ADM ADJ JUDGE MARCH 2022
100‐03‐5110
157.50
SEMROW JR, HARRY H
MARCH2022
04/30/2022
ADM ADJ JUDGE MARCH 2022
100‐22‐5110
1,417.50
Vendor SEMROW JR, HARRY H Total:
1,575.00
Vendor: SKILLIN, CHRIS
SKILLIN, CHRIS
REPL CK
04/30/2022
W‐S REFUND REPLACEMENT
510‐2200
66.77
Vendor SKILLIN, CHRIS Total: 66.77
Vendor: STANS LPS MIDWEST
STANS LPS MIDWEST
367249
04/30/2022
APRIL MONTHLY PAGE COUNT
620‐00‐5110
628.40
STANS LPS MIDWEST
367286
04/30/2022
APRIL MTHLY PAGE COUNT ‐
620‐00‐5110
442.20
Vendor STANS LPS MIDWEST Total: 1,070.60
Vendor: SULLIVAN, MICHAEL
SULLIVAN, MICHAEL P112046 04/30/2022 PARKING TICKET 100‐22‐3510 25.00
Vendor SULLIVAN, MICHAEL Total:
25.00
5/11/2022 3:22:00 PM
322
Expense Approval Register Packet: APPKT02391 ‐ 5‐16‐2022 AP CKS
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: VERMONT SYSTEMS INC
VERMONT SYSTEMS INC
VS‐000327
04/30/2022
RECTRAC SOFTWARE
620‐00‐5110
2,013.46
Vendor VERMONT SYSTEMS INC Total:
2,013.46
Vendor: WINNEBAGO LANDFILL CO
WINNEBAGO LANDFILL CO
9748
04/30/2022
SLUDGE
510‐32‐5580
1,582.80
Vendor WINNEBAGO LANDFILL CO Total:
1,582.80
Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE
ZUKOWSKI ROGERS FLOOD &
154965
04/30/2022
CORPORATE
100‐01‐5230
10,976.25
ZUKOWSKI ROGERS FLOOD &
154966
04/30/2022
TRAFFIC
100‐01‐5230
9,521.82
ZUKOWSKI ROGERS FLOOD &
154968
04/30/2022
JACK PEASE
740‐00‐5230
1,015.00
Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total:
21,513.07
Grand Total:
634,161.28
5/11/2022 3:22:00 PM
323
Expense Approval Register Packet: APPKT02391 ‐ 5‐16‐2022 AP CKS
Fund Summary
Fund
Expense Amount
100 ‐ GENERAL FUND
508,357.57
200 ‐ TOURISM FUND 12,000.00
225 ‐ ALARM BOARD FUND
2,860.00
270 ‐ MOTOR FUEL TAX FUND
6,810.00
400 ‐ RECREATION CENTER FUND
4,190.67
510 ‐ WATER/SEWER FUND
47,359.16
600 ‐ EMPLOYEE INSURANCE FUND 63.00
610 ‐ RISK MANAGEMENT FUND
4,182.32
620 ‐ INFORMATION TECHNOLOGY FUND
3,084.06
740 ‐ RETAINED PERSONNEL ESCROW 45,254.50
Grand Total:
634,161.28
324
Expense Approval Register
McHenry, IL #2 List of Bills Council Meeting ‐ 5‐16‐22
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: ADAMS STEEL SERVICE & SUPPLY, INC
ADAMS STEEL SERVICE & MAY2022‐5 05/16/2022 2 Oxy‐Acetylene Torches 510‐32‐6110 100.00
Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total:
100.00
Vendor: ALL STAR INSTALLATIONS
ALL STAR INSTALLATIONS 4‐25‐22 04/30/2022 Skylight Replacement 510‐32‐5110 6,800.00
Vendor ALL STAR INSTALLATIONS Total:
6,800.00
Vendor: ARAMARK REFRESHMENT SERVICES LLC
ARAMARK REFRESHMENT
1399817
04/30/2022
Coffee 1399817
100‐01‐6110
72.16
ARAMARK REFRESHMENT 1406620 04/30/2022 Coffee 1406620 100‐01‐6110 162.46
Vendor ARAMARK REFRESHMENT SERVICES LLC Total:
234.62
Vendor: ARAMARK
ARAMARK
24519981
04/30/2022
Aramark Bryan Clothes
510‐31‐4510
76.58
Vendor ARAMARK Total:
76.58
Vendor: ARCHIVE SOCIAL, INC
ARCHIVE SOCIAL, INC
21462
05/16/2022
Social Media Archiving
620‐00‐5110
2,988.00
Vendor ARCHIVE SOCIAL, INC Total: 2,988.00
Vendor: AUTO TECH CENTERS INC
AUTO TECH CENTERS INC
INV071960
04/30/2022
319 (71960)
100‐22‐5370
301.59
AUTO TECH CENTERS INC
INV072008
04/30/2022
304 (72008)
100‐22‐5370
850.00
Vendor AUTO TECH CENTERS INC Total:
1,151.59
Vendor: BONNELL INDUSTRIES INC
BONNELL INDUSTRIES INC 0204443‐IN 04/30/2022 cutting edges (204443) 100‐33‐5370 12,496.00
Vendor BONNELL INDUSTRIES INC Total:
12,496.00
Vendor: CABAY & COMPANY INC
CABAY & COMPANY INC 65994 04/30/2022 City wide paper supplies 100‐01‐6110 4,493.00
Vendor CABAY & COMPANY INC Total:
4,493.00
Vendor: CARROT‐TOP INDUSTRIES INC
CARROT‐TOP INDUSTRIES INC
INV105099
04/30/2022
Park Supplies
100‐45‐6110
880.61
Vendor CARROT‐TOP INDUSTRIES INC Total:
880.61
Vendor: CDI
CDI
54153
05/16/2022
ArcGIS Integration with
620‐00‐5110
1,000.00
Vendor CDI Total:
1,000.00
Vendor: CENTURY SPRINGS
CENTURY SPRINGS
2864469
04/30/2022
Lab Water # 2864469
510‐32‐6110
21.37
CENTURY SPRINGS
2871383
04/30/2022
Lab Water INV# 2871383
510‐32‐6110
21.37
Vendor CENTURY SPRINGS Total: 42.74
Vendor: CINTAS
CINTAS 5105266057 04/30/2022 First Aid Service 100‐45‐6110 52.00
Vendor CINTAS Total:
52.00
Vendor: CIT INTERNATIONAL
CIT INTERNATIONAL
16583
04/30/2022
CIT Certification Course ‐ J.
100‐22‐5430
450.00
Vendor CIT INTERNATIONAL Total:
450.00
Vendor: CITY ELECTRIC SUPPLY
CITY ELECTRIC SUPPLY
MCH/011109
04/30/2022
Insulated Micro Screw Drivers
510‐32‐6110
39.06
CITY ELECTRIC SUPPLY MCH/011201 04/30/2022 1 amp Fuses For Lift Stations 510‐32‐5380 174.84
CITY ELECTRIC SUPPLY MCH/011551 05/16/2022 Service Truck‐Electrical 510‐32‐6110 136.21
Vendor CITY ELECTRIC SUPPLY Total:
350.11
Vendor: COMCAST CABLE
COMCAST CABLE
0291 5‐1‐22
05/16/2022
CH Cable TV
620‐00‐5110
27.40
5/11/2022 3:24:14 PM
325
Expense Approval Register Packet: APPKT02392 ‐ 5‐16‐22 RECT INV
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
COMCAST CABLE
7920 4‐27‐22
05/16/2022
CH Monthly Internet
620‐00‐5110
168.40
Vendor COMCAST CABLE Total:
195.80
Vendor: COMPRESSOR SERVICES
COMPRESSOR SERVICES
F‐20034296
05/16/2022
Shop Maintenece
100‐45‐5110
327.57
Vendor COMPRESSOR SERVICES Total:
327.57
Vendor: CONSERV FS
CONSERV FS 65135966 04/30/2022 SportsField Supplies 100‐45‐6110 156.45
CONSERV FS
65137086
05/16/2022
Sports Field Supplies
100‐45‐6110
1,100.75
Vendor CONSERV FS Total: 1,257.20
Vendor: CORPORATE DISK COMPANY
CORPORATE DISK COMPANY 24598 05/16/2022 ICSC USB CARDS FOR DM 100‐06‐5110 250.00
Vendor CORPORATE DISK COMPANY Total:
250.00
Vendor: CUMMINS INC
CUMMINS INC
F2‐37063
04/30/2022
Carrick Lift Generator Parts
510‐32‐5380
67.71
CUMMINS INC F2‐37208 04/30/2022 Carrick Lift Generator Parts 510‐32‐5380 83.14
CUMMINS INC
F2‐37234
04/30/2022
Carrick Lift Generator Parts
510‐32‐5380
28.12
CUMMINS INC
F2‐39043
04/30/2022
#676 Lower Radiator Hose
510‐32‐5380
10.00
CUMMINS INC
F2‐40736
05/16/2022
Cartwright Lift INV# F2‐40736
510‐32‐5380
111.19
CUMMINS INC F2‐40751 05/16/2022 Carrick Lift INV# F2‐40751 510‐32‐5380 39.57
Vendor CUMMINS INC Total:
339.73
Vendor: CURRAN CONTRACTING COMPANY
CURRAN CONTRACTING
24141
04/30/2022
HMA Surface ‐ STS potholes ‐
100‐33‐6110
168.20
CURRAN CONTRACTING
24169
04/30/2022
HMA Surface ‐ Potholes ‐
100‐33‐6110
85.26
CURRAN CONTRACTING
24185
04/30/2022
HMA Surface ‐ Potholes ‐
100‐33‐6110
91.06
CURRAN CONTRACTING
24201
04/30/2022
HMA Surface ‐ Parks' Main St.
100‐33‐6110
104.98
CURRAN CONTRACTING
24216
04/30/2022
HMA Surface ‐ Parks' Main St.
100‐33‐6110
188.50
CURRAN CONTRACTING
24230
04/30/2022
HMA Surface ‐ Potholes ‐
100‐33‐6110
52.20
CURRAN CONTRACTING 24249 05/16/2022 Commercial Surface ‐ Potholes 100‐33‐6110 76.56
Vendor CURRAN CONTRACTING COMPANY Total:
766.76
Vendor: DACRA ADJUDICATION SYSTEMS LLC
DACRA ADJUDICATION
DT2022‐04‐03
04/30/2022
DACRA ‐ eCitation /
620‐00‐8300
17,000.00
Vendor DACRA ADJUDICATION SYSTEMS LLC Total:
17,000.00
Vendor: EJ EQUIPMENT
EJ EQUIPMENT
P36105
04/30/2022
Screws for camera #P36105
510‐35‐5370
62.58
EJ EQUIPMENT
W13631
04/30/2022
Sewer camera repairs
510‐35‐5370
177.46
Vendor EJ EQUIPMENT Total:
240.04
Vendor: ESRI
ESRI
94244938
05/16/2022
GIS License Maintenance
620‐00‐5110
2,208.00
Vendor ESRI Total:
2,208.00
Vendor: FISCHER BROS FRESH
FISCHER BROS FRESH
17472
04/30/2022
Concrete ‐ Riverstream Dr.
100‐33‐6110
648.50
Vendor FISCHER BROS FRESH Total: 648.50
Vendor: GALLS LLC
GALLS LLC 020954653 04/30/2022 Uniform Order ‐ K. Ducak 100‐22‐4510 96.99
GALLS LLC
020954654
04/30/2022
Uniform Order ‐ Lorenz
100‐22‐4510
125.51
GALLS LLC
020954655
04/30/2022
Uniform Order ‐ Fitzgerald
100‐23‐4510
269.75
GALLS LLC
020954656
04/30/2022
Uniform Order ‐ J. Prather
100‐22‐4510
51.52
GALLS LLC
020954657
04/30/2022
Uniform Order ‐ Sciame
100‐22‐4510
86.19
GALLS LLC 020966089 04/30/2022 Uniform Order ‐ Adams 100‐22‐4510 56.91
GALLS LLC
020966106
04/30/2022
Uniform Order ‐ J. Ducak
100‐22‐4510
42.65
GALLS LLC
020966111
04/30/2022
Uniform Order ‐ McKendry
100‐23‐4510
128.71
GALLS LLC 020968008 04/30/2022 Uniform Order 100‐22‐4510 79.04
GALLS LLC 021002357 04/30/2022 Uniform Order ‐ Morales 100‐22‐4510 62.91
GALLS LLC
021002358
04/30/2022
Uniform Order ‐ Miller
100‐23‐4510
106.24
GALLS LLC
021013787
04/30/2022
Uniform Order ‐ Popp
100‐22‐4510
259.63
GALLS LLC
021014394
04/30/2022
Duty bags
100‐22‐6110
145.66
GALLS LLC 021014447 04/30/2022 Uniform Order ‐ McKendry 100‐23‐4510 20.15
5/11/2022 3:24:14 PM
326
Expense Approval Register Packet: APPKT02392 ‐ 5‐16‐22 RECT INV
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
GALLS LLC
021046689
04/30/2022
Uniform Order ‐ Veronese
100‐23‐4510
62.84
GALLS LLC
021046694
04/30/2022
Uniform Order ‐ Sterwerf
100‐22‐4510
202.27
GALLS LLC 021049345 04/30/2022 Uniform Order ‐ Morales 100‐22‐4510 8.61
GALLS LLC
21021401
04/30/2022
Dispatch Badges
100‐23‐6110
153.00
Vendor GALLS LLC Total: 1,958.58
Vendor: GARAVENTA USA INC ANTIOCH
GARAVENTA USA INC ANTIOCH 53085 04/30/2022 Lift Evaluation Invoice #53085 100‐33‐5115 530.00
Vendor GARAVENTA USA INC ANTIOCH Total:
530.00
Vendor: GMIS INTERNATIONAL
GMIS INTERNATIONAL
300007289
05/16/2022
GMIS Illinois Membership Dues
620‐00‐5410
300.00
Vendor GMIS INTERNATIONAL Total:
300.00
Vendor: GRAINGER
GRAINGER
9287402243
04/30/2022
RIverwalk Supplies
100‐45‐6110
243.01
Vendor GRAINGER Total:
243.01
Vendor: HAWKINS INC
HAWKINS INC
6170021
04/30/2022
Chemicals
510‐32‐6110
5,401.50
HAWKINS INC
INV6174710
04/30/2022
Chemicals INV# 6174710
510‐32‐6110
6,291.20
Vendor HAWKINS INC Total:
11,692.70
Vendor: HEARTLAND BUSINESS SYSTEMS, LLC
HEARTLAND BUSINESS
514324‐H
04/30/2022
Milestone Camera Licenses
620‐00‐5110
318.64
HEARTLAND BUSINESS
515971‐H
04/30/2022
Milestone Camera Licenses
620‐00‐5110
2,071.16
Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total: 2,389.80
Vendor: HOLIDAY INN CHAMPAIGN
HOLIDAY INN CHAMPAIGN
41730167CONF
05/16/2022
Cushing Users Group ‐ Hotel x3
620‐00‐5420
338.97
Vendor HOLIDAY INN CHAMPAIGN Total: 338.97
Vendor: ILLINOIS AUDIO PRODUCTIONS
ILLINOIS AUDIO PRODUCTIONS
117690
05/16/2022
Message On Hold Service
620‐00‐5110
540.00
Vendor ILLINOIS AUDIO PRODUCTIONS Total:
540.00
Vendor: IMPRESSIVE IMAGES
IMPRESSIVE IMAGES
6880
04/30/2022
Summer Intern Sweatshirts
510‐32‐4510
16.00
IMPRESSIVE IMAGES 6880STS 04/30/2022 Summer Intern Sweatshirts 100‐33‐4510 48.00
IMPRESSIVE IMAGES 6880U 04/30/2022 Summer Intern Sweatshirts 510‐35‐4510 16.00
Vendor IMPRESSIVE IMAGES Total:
80.00
Vendor: IN TIME SERVICES INC
IN TIME SERVICES INC 11388 05/16/2022 INTIME ILINK SCHEDULE 620‐00‐5110 16,146.00
Vendor IN TIME SERVICES INC Total:
16,146.00
Vendor: INTERSTATE BILLING SERVICE INC
INTERSTATE BILLING SERVICE
3027519125
04/30/2022
406 (3027519125)
100‐33‐5370
2,247.40
INTERSTATE BILLING SERVICE 3027523950 04/30/2022 406 (3027523950) 100‐33‐5370 930.00
INTERSTATE BILLING SERVICE
3027583980
05/16/2022
406 3027583980
100‐33‐5370
714.85
Vendor INTERSTATE BILLING SERVICE INC Total: 3,892.25
Vendor: INTOXIMETERS
INTOXIMETERS
705635
04/30/2022
PBT Mouthpieces
100‐22‐6110
85.00
Vendor INTOXIMETERS Total:
85.00
Vendor: JG UNIFORMS INC
JG UNIFORMS INC
97339
04/30/2022
Uniform Order ‐ Campos
100‐22‐4510
1,243.60
JG UNIFORMS INC
97340
04/30/2022
Uniform Order ‐ McClure
100‐22‐4510
1,192.65
JG UNIFORMS INC
97621
04/30/2022
Traffic vests/flashlight
100‐22‐4510
411.40
JG UNIFORMS INC
97623
04/30/2022
Vest Cover ‐ Noyes
100‐22‐4510
265.32
JG UNIFORMS INC
97624
04/30/2022
Vest Cover ‐ Ellis
100‐22‐4510
220.32
JG UNIFORMS INC
97625
04/30/2022
Vest cover ‐ Kinney
100‐22‐4510
156.49
Vendor JG UNIFORMS INC Total:
3,489.78
Vendor: KIMBALL MIDWEST
KIMBALL MIDWEST
9863359
05/16/2022
kimball stock(9863359)
100‐33‐5370
404.40
Vendor KIMBALL MIDWEST Total:
404.40
5/11/2022 3:24:14 PM
327
Expense Approval Register Packet: APPKT02392 ‐ 5‐16‐22 RECT INV
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: KZ GLASS SERVICES, INC
KZ GLASS SERVICES, INC
831
04/30/2022
Removal Window
100‐01‐8200
1,600.00
Vendor KZ GLASS SERVICES, INC Total:
1,600.00
Vendor: LEADSONLINE
LEADSONLINE
326526
05/16/2022
Investigation Service Package
100‐22‐5110
2,758.00
Vendor LEADSONLINE Total:
2,758.00
Vendor: MAGIC OF GARY KANTOR
MAGIC OF GARY KANTOR
5‐4‐22
05/16/2022
Cont ‐ Magic Workshop
100‐46‐5110
126.00
Vendor MAGIC OF GARY KANTOR Total: 126.00
Vendor: MCMASTER‐CARR SUPPLY CO
MCMASTER‐CARR SUPPLY CO 76926810 04/30/2022 Air Filter Roll INV# 76926810 510‐32‐5375 130.50
Vendor MCMASTER‐CARR SUPPLY CO Total:
130.50
Vendor: MEADE INC
MEADE INC
700273
04/30/2022
Traffic Signal Locate ‐
100‐33‐5110
156.59
MEADE INC 700274 04/30/2022 Traffic Signal Locate ‐ 100‐33‐5110 78.30
MEADE INC
700275
04/30/2022
Traffic Signal Locate ‐
100‐33‐5110
78.30
Vendor MEADE INC Total: 313.19
Vendor: METRO DOOR AND DOCK INC
METRO DOOR AND DOCK INC E16041 05/16/2022 exit door east side (E16041) 100‐33‐5115 867.66
Vendor METRO DOOR AND DOCK INC Total:
867.66
Vendor: MIAT
MIAT
MCPD22/23
05/16/2022
Annual Operational Fee
100‐22‐5110
1,000.00
Vendor MIAT Total:
1,000.00
Vendor: MIDWEST HOSE AND FITTINGS INC
MIDWEST HOSE AND FITTINGS
INV217671
05/16/2022
Portable Gen. #675 INV#
510‐32‐5370
11.42
Vendor MIDWEST HOSE AND FITTINGS INC Total:
11.42
Vendor: MIDWEST METER INC
MIDWEST METER INC
0141389‐IN
04/30/2022
Midwest Meter Statement
510‐31‐6110
4,525.50
Vendor MIDWEST METER INC Total: 4,525.50
Vendor: MINUTEMAN PRESS OF MCH
MINUTEMAN PRESS OF MCH 96946 04/30/2022 Brochures 100‐22‐6210 153.00
MINUTEMAN PRESS OF MCH
96955
04/30/2022
Business Cards ‐ Walsh‐
100‐22‐6210
118.00
MINUTEMAN PRESS OF MCH
97009
05/16/2022
violation hang tags
100‐03‐6210
342.85
Vendor MINUTEMAN PRESS OF MCH Total:
613.85
Vendor: NCL OF WISCONSIN INC
NCL OF WISCONSIN INC
469631
04/30/2022
Lab Supplies # 469631
510‐32‐6110
36.66
NCL OF WISCONSIN INC
469648
04/30/2022
Lab Supplies # 469648
510‐32‐6110
3,586.34
Vendor NCL OF WISCONSIN INC Total: 3,623.00
Vendor: NORTH EAST MULTI‐REGIONAL TRAINING INC
NORTH EAST MULTI‐REGIONAL
302275
05/16/2022
Annual Membership
100‐22‐5430
4,465.00
NORTH EAST MULTI‐REGIONAL
302275
05/16/2022
Annual Membership
100‐23‐5430
2,470.00
Vendor NORTH EAST MULTI‐REGIONAL TRAINING INC Total: 6,935.00
Vendor: NORTHERN ILLINOIS POLICE ALARM SYSTEM
NORTHERN ILLINOIS POLICE
14237
05/16/2022
Membership Assessment
100‐22‐5110
400.00
NORTHERN ILLINOIS POLICE
14238
05/16/2022
Emergency Servcies Team
100‐22‐5110
4,800.00
Vendor NORTHERN ILLINOIS POLICE ALARM SYSTEM Total:
5,200.00
Vendor: NORTHWEST AUTO ELECTRIC INC
NORTHWEST AUTO ELECTRIC 17536147 05/16/2022 Electrical Supplies: Hickory 100‐45‐6110 20.59
Vendor NORTHWEST AUTO ELECTRIC INC Total:
20.59
Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC
NORTHWEST ELECTRICAL
17535295
04/30/2022
Street Light Bulbs
100‐33‐6110
274.02
Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total:
274.02
Vendor: PACE ANALYTICAL SERVICES, LLC
PACE ANALYTICAL SERVICES,
I9509457
04/30/2022
Metals Samples
510‐32‐6110
1,849.50
Vendor PACE ANALYTICAL SERVICES, LLC Total:
1,849.50
5/11/2022 3:24:14 PM
328
Expense Approval Register Packet: APPKT02392 ‐ 5‐16‐22 RECT INV
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: PENTEGRA SYSTEMS LLC
PENTEGRA SYSTEMS LLC
64512
04/30/2022
Rec Center Locker Room Door
620‐00‐5110
9,275.00
Vendor PENTEGRA SYSTEMS LLC Total:
9,275.00
Vendor: PETROCHOICE LLC
PETROCHOICE LLC
50872618
04/30/2022
50872618
100‐03‐6250
155.54
PETROCHOICE LLC
50872623
04/30/2022
Fuell ‐ 50872623
100‐22‐6250
2,663.67
PETROCHOICE LLC 50878103 04/30/2022 Fuel ‐ UTY ‐ 50878103 510‐35‐6250 319.57
PETROCHOICE LLC
50878115
04/30/2022
50878115
100‐03‐6250
137.23
PETROCHOICE LLC
50878116
04/30/2022
Fuel ‐ WTR ‐ 50878116
510‐31‐6250
157.39
PETROCHOICE LLC
50878118
04/30/2022
Fuel ‐ STS ‐ 50878118
100‐33‐6250
1,006.16
PETROCHOICE LLC 50878119 04/30/2022 Fuel ‐ 50878119 100‐22‐6250 1,771.70
PETROCHOICE LLC 50882048 04/30/2022 Fuel ‐ UTY ‐ 50882048 510‐35‐6250 226.58
PETROCHOICE LLC
50882059
04/30/2022
Fuel ‐ WW ‐ 50882059
510‐32‐6250
90.31
PETROCHOICE LLC
50882062
04/30/2022
Fuel ‐ STS ‐ 50882062
100‐33‐6250
360.18
PETROCHOICE LLC
50882063
04/30/2022
Fuel ‐ 50882063
100‐22‐6250
1,047.92
Vendor PETROCHOICE LLC Total:
7,936.25
Vendor: POLICE LAW INSTITUTE
POLICE LAW INSTITUTE
14689
05/16/2022
Yearly Subscription
100‐22‐5430
4,655.00
Vendor POLICE LAW INSTITUTE Total:
4,655.00
Vendor: POWER DMS INC
POWER DMS INC
INV‐176226
05/16/2022
PowerDMS Annual Renewal
620‐00‐5110
4,443.36
Vendor POWER DMS INC Total: 4,443.36
Vendor: QUBIT NETWORKS
QUBIT NETWORKS 11678 04/30/2022 Microwave Switch Upgrade 620‐00‐8300 17,902.25
QUBIT NETWORKS
11679
04/30/2022
Extreme Networks X435
620‐00‐8300
2,848.20
Vendor QUBIT NETWORKS Total: 20,750.45
Vendor: RADAR MAN INC
RADAR MAN INC 5294 04/30/2022 Repair radars 100‐22‐5370 410.00
RADAR MAN INC
5399
05/16/2022
Lidar Repair
100‐22‐5370
725.00
Vendor RADAR MAN INC Total: 1,135.00
Vendor: RCJUGGLES
RCJUGGLES 072822 05/16/2022 Camp ‐ Workshop #4 100‐46‐6112 675.00
Vendor RCJUGGLES Total:
675.00
Vendor: RecDesk LLC
RecDesk LLC
INV‐12416
05/16/2022
RecDesk Software Subscription
620‐00‐5110
13,700.00
Vendor RecDesk LLC Total:
13,700.00
Vendor: REICHE'S PLUMBING SEWER RODDING CORP
REICHE'S PLUMBING SEWER
INV0013089
04/30/2022
Water service replacement
510‐31‐5110
3,300.00
Vendor REICHE'S PLUMBING SEWER RODDING CORP Total:
3,300.00
Vendor: RUSSO POWER EQUIPMENT
RUSSO POWER EQUIPMENT
SPI11045565
04/30/2022
145 spi11045565
100‐45‐5370
72.99
Vendor RUSSO POWER EQUIPMENT Total: 72.99
Vendor: SAYERS
SAYERS INV9005312 05/16/2022 NETMOTION MOBILITY 620‐00‐5110 2,675.00
Vendor SAYERS Total:
2,675.00
Vendor: SERVICEMASTER BY THACKER
SERVICEMASTER BY THACKER
24180
05/16/2022
1415 Industrial Cleaning ‐ May ‐
100‐33‐5115
500.00
Vendor SERVICEMASTER BY THACKER Total:
500.00
Vendor: SHAW MEDIA
SHAW MEDIA
10105871
04/30/2022
Green St STP RFQ Ad #1975320
100‐33‐5110
117.34
Vendor SHAW MEDIA Total:
117.34
Vendor: SUNNYSIDE COMPANY
SUNNYSIDE COMPANY
110024
05/16/2022
824 110024
510‐35‐5370
100.10
Vendor SUNNYSIDE COMPANY Total: 100.10
5/11/2022 3:24:14 PM
329
Expense Approval Register Packet: APPKT02392 ‐ 5‐16‐22 RECT INV
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: TAPCO
TAPCO
I724691
04/30/2022
Downtown Signage
100‐45‐6110
756.83
Vendor TAPCO Total:
756.83
Vendor: TEXAS REFINERY CORP
TEXAS REFINERY CORP
239754
04/30/2022
55 Gal Drum. Gear Oil INV#
510‐32‐5380
3,017.05
Vendor TEXAS REFINERY CORP Total:
3,017.05
Vendor: THE UPS STORE 4064
THE UPS STORE 4064
109
04/30/2022
sewer camera shipment
510‐35‐5370
1,146.78
Vendor THE UPS STORE 4064 Total: 1,146.78
Vendor: TOWN PLANNER
TOWN PLANNER 2023 PLANNER 05/16/2022 CITY ADS‐TOWNPLANNER‐ 100‐01‐5110 600.00
Vendor TOWN PLANNER Total:
600.00
Vendor: TYLER TECHNOLOGIES
TYLER TECHNOLOGIES
025‐370884
05/16/2022
Incode Annual Maintenance
620‐00‐5110
30,497.38
Vendor TYLER TECHNOLOGIES Total:
30,497.38
Vendor: ULINE
ULINE
147871901
04/30/2022
Pallet Racking INV# 147871901
510‐32‐5380
2,615.55
ULINE
147920994
04/30/2022
Clear Door Hanger Bags
100‐33‐6110
62.98
Vendor ULINE Total:
2,678.53
Vendor: UPS
UPS
1568429760
04/30/2022
Micro Screen Shipping Fees
510‐32‐5375
233.41
Vendor UPS Total:
233.41
Vendor: VERIZON CONNECT FLEET USA LLC
VERIZON CONNECT FLEET USA
36000025376
04/30/2022
GPS For PW Vehicle Fleet
620‐00‐5110
497.50
Vendor VERIZON CONNECT FLEET USA LLC Total: 497.50
Vendor: VICTOR FORD, INC
VICTOR FORD, INC 163781 CR163896 04/30/2022 346 (163781) 100‐22‐5370 351.82
VICTOR FORD, INC
163895
04/30/2022
342 163895
100‐22‐5370
47.76
VICTOR FORD, INC
163912
04/30/2022
320 (163912)
100‐22‐5370
160.50
VICTOR FORD, INC
163913
04/30/2022
340 (163913)
100‐22‐5370
193.06
VICTOR FORD, INC 164002 04/30/2022 318 164002 100‐22‐5370 67.50
VICTOR FORD, INC 387040 04/30/2022 318 (387040) 100‐22‐5370 29.45
Vendor VICTOR FORD, INC Total:
850.09
Vendor: WARD & ASSOC INC, ROBERT H
WARD & ASSOC INC, ROBERT H 22‐114 04/30/2022 FY21/22 Road Program 100‐33‐8600 12,005.00
Vendor WARD & ASSOC INC, ROBERT H Total:
12,005.00
Vendor: WATER WELL SOLUTIONS
WATER WELL SOLUTIONS
IL22‐04‐112
04/30/2022
Inv# IL22‐04‐112 Well 2
510‐31‐5110
17,170.00
Vendor WATER WELL SOLUTIONS Total:
17,170.00
Grand Total:
265,075.63
5/11/2022 3:24:14 PM
330
Expense Approval Register Packet: APPKT02392 ‐ 5‐16‐22 RECT INV
Fund Summary
Fund
Expense Amount
100 ‐ GENERAL FUND
81,939.81
510 ‐ WATER/SEWER FUND 58,190.56
620 ‐ INFORMATION TECHNOLOGY FUND
124,945.26
Grand Total: 265,075.63
331
AS-NEEDED CHECKS COUNCIL MEETING 5-16-22
100 100-33-5520 COMED 04/01/2022 28.35
100 100-45-5510 COMED 04/01/2022 25.95
510 510-32-5510 COMED 04/01/2022 33.89
100 100-23-6110 NORTHWEST LAMINATION 04/01/2022 2300.00
100 100-03-6110 SYNCB/AMAZON 04/01/2022 51.40
100 100-41-6110 SYNCB/AMAZON 04/01/2022 268.00
100 100-47-6110 SYNCB/AMAZON 04/01/2022 393.54
400 400-40-6142 SYNCB/AMAZON 04/01/2022 376.92
620 620-00-5320 SYNCB/AMAZON 04/01/2022 349.79
620 620-00-6110 SYNCB/AMAZON 04/01/2022 28.98
620 620-00-6210 SYNCB/AMAZON 04/01/2022 129.90
620 620-00-6270 SYNCB/AMAZON 04/01/2022 10.00
100 100-03-6110 ACE HARDWARE, MCHENRY 04/08/2022 51.03
100 100-22-6210 ACE HARDWARE, MCHENRY 04/08/2022 87.27
100 100-33-5370 ACE HARDWARE, MCHENRY 04/08/2022 5.38
100 100-33-6110 ACE HARDWARE, MCHENRY 04/08/2022 251.35
100 100-45-6110 ACE HARDWARE, MCHENRY 04/08/2022 518.88
510 510-31-6110 ACE HARDWARE, MCHENRY 04/08/2022 236.95
510 510-32-6110 ACE HARDWARE, MCHENRY 04/08/2022 52.32
100 100-01-5110 BANKCARD PROCESSING CENTER 04/08/2022 24.72
100 100-01-6940 BANKCARD PROCESSING CENTER 04/08/2022 89.77
100 100-05-5110 BANKCARD PROCESSING CENTER 04/08/2022 180.00
100 100-06-5110 BANKCARD PROCESSING CENTER 04/08/2022 625.93
100 100-06-5420 BANKCARD PROCESSING CENTER 04/08/2022 629.96
100 100-22-5420 BANKCARD PROCESSING CENTER 04/08/2022 233.06
100 100-22-6270 BANKCARD PROCESSING CENTER 04/08/2022 537.90
100 100-23-5430 BANKCARD PROCESSING CENTER 04/08/2022 100.00
100 100-33-5370 BANKCARD PROCESSING CENTER 04/08/2022 187.29
100 100-41-6110 BANKCARD PROCESSING CENTER 04/08/2022 541.02
100 100-46-6110 BANKCARD PROCESSING CENTER 04/08/2022 23.16
200 200-00-5110 HARDMAN, ROB 04/08/2022 3859.11
510 510-32-6110 HAWKINS INC 04/08/2022 9607.90
100 100-47-5410 ILLINOIS SWIMMING INC 04/08/2022 10.00
100 100-33-6110 MID AMERICAN WATER OF WAUCONDA INC 04/08/2022 5801.60
100 100-22-5370 NAPA AUTO PARTS MPEC 04/08/2022 871.34
100 100-33-5370 NAPA AUTO PARTS MPEC 04/08/2022 1628.71
100 100-33-6110 NAPA AUTO PARTS MPEC 04/08/2022 25.28
100 100-45-5370 NAPA AUTO PARTS MPEC 04/08/2022 162.37
510 510-31-5370 NAPA AUTO PARTS MPEC 04/08/2022 404.96
510 510-32-5380 NAPA AUTO PARTS MPEC 04/08/2022 822.14
510 510-35-5370 NAPA AUTO PARTS MPEC 04/08/2022 308.91
100 100-01-5110 NICOR GAS 04/08/2022 1778.89
100 100-01-5310 PITNEY BOWES INC 04/08/2022 211.80
100 100-03-5310 PITNEY BOWES INC 04/08/2022 163.51
100 100-04-5310 PITNEY BOWES INC 04/08/2022 1310.51
100 100-22-5310 PITNEY BOWES INC 04/08/2022 676.34
100 100-30-5310 PITNEY BOWES INC 04/08/2022 383.75
100 100-41-5310 PITNEY BOWES INC 04/08/2022 4.88
510 510-31-5310 PITNEY BOWES INC 04/08/2022 198.22
510 510-32-5310 PITNEY BOWES INC 04/08/2022 7.33
100 100-41-5310 POSTMASTER MCHENRY IL 04/08/2022 2600.00
100 100-41-5110 RYDIN DECAL 04/08/2022 343.07
100 100-01-6940 SECRETARY OF STATE / DEPT OF POLICE 04/08/2022 151.00
100 100-33-5110 SHAW MEDIA 04/08/2022 262.82
510 510-31-5110 SHAW MEDIA 04/08/2022 195.06
100 100-03-6210 STAPLES BUSINESS CREDIT 04/08/2022 8.75
332
100 100-04-6210 STAPLES BUSINESS CREDIT 04/08/2022 61.25
100 100-05-6210 STAPLES BUSINESS CREDIT 04/08/2022 41.15
100 100-22-6210 STAPLES BUSINESS CREDIT 04/08/2022 159.96
100 100-41-6210 STAPLES BUSINESS CREDIT 04/08/2022 9.16
510 510-32-6210 STAPLES BUSINESS CREDIT 04/08/2022 75.07
100 100-22-5310 UPS 04/08/2022 2.71
100 100-30-5310 UPS 04/08/2022 27.15
620 620-00-5110 AT&T 04/15/2022 1499.89
620 620-00-5320 AT&T 04/15/2022 693.04
620 620-00-5110 AT&T 04/15/2022 1114.37
100 100-03-5120 CINTAS CORPORATION LOC 355 04/15/2022 90.95
100 100-33-4510 CINTAS CORPORATION LOC 355 04/15/2022 314.25
100 100-33-6110 CINTAS CORPORATION LOC 355 04/15/2022 339.00
510 510-32-4510 CINTAS CORPORATION LOC 355 04/15/2022 439.98
620 620-00-5110 COMCAST CABLE 04/15/2022 168.40
600 600-00-6960 CONDUENT HR SERVICES LLC 04/15/2022 751.50
100 100-33-5520 CONSTELLATION NEWENERGY INC 04/15/2022 18.44
100 100-44-5510 CONSTELLATION NEWENERGY INC 04/15/2022 22.76
100 100-01-6110 FIRST BANKCARD 04/15/2022 -34.95
100 100-22-5410 FIRST BANKCARD 04/15/2022 120.00
100 100-41-5330 FIRST BANKCARD 04/15/2022 88.19
100 100-45-5430 FIRST BANKCARD 04/15/2022 37.00
100 100-46-5110 FIRST BANKCARD 04/15/2022 1725.63
100 100-46-6110 FIRST BANKCARD 04/15/2022 -220.28
100 100-47-5110 FIRST BANKCARD 04/15/2022 2260.05
400 400-00-5321 FIRST BANKCARD 04/15/2022 328.72
400 400-40-5110 FIRST BANKCARD 04/15/2022 679.00
620 620-00-5110 FIRST BANKCARD 04/15/2022 2887.40
510 510-31-8400 FIRST BANKCARD 04/15/2022 500.00
510 510-32-5430 FIRST BANKCARD 04/15/2022 73.00
510 510-32-5440 FIRST BANKCARD 04/15/2022 169.00
510 510-32-8400 FIRST BANKCARD 04/15/2022 500.00
100 100-04-5310 INFOSEND, INC 04/15/2022 2737.28
100 100-04-5330 INFOSEND, INC 04/15/2022 1317.85
100 100-43-5110 MCHENRY COUNTY DEPT OF HEALTH 04/15/2022 650.00
100 100-44-5110 MCHENRY COUNTY DEPT OF HEALTH 04/15/2022 345.00
100 100-47-6110 SAM'S CLUB 04/15/2022 427.45
100 100-01-6940 SECRETARY OF STATE 04/15/2022 151.00
100 100-01-6940 SECRETARY OF STATE 04/15/2022 151.00
100 100-01-6940 SECRETARY OF STATE 04/15/2022 151.00
100 100-01-6940 SECRETARY OF STATE 04/15/2022 151.00
100 100-01-6940 SECRETARY OF STATE 04/15/2022 25.00
100 100-33-5520 AEP ENERGY 04/22/2022 3404.55
100 100-42-5510 AEP ENERGY 04/22/2022 193.21
100 100-45-5510 AEP ENERGY 04/22/2022 403.67
510 510-31-5510 AEP ENERGY 04/22/2022 11882.76
510 510-32-5510 AEP ENERGY 04/22/2022 22755.36
510 510-31-5110 BADGER METER INC 04/22/2022 441.21
100 100-06-5110 EL GORDO MEXICAN RESTAURANT 04/22/2022 10000.00
100 100-45-5430 ILLINOIS DEPT OF AGRICULTURE 04/22/2022 60.00
100 100-04-5310 INFOSEND, INC 04/22/2022 4283.70
100 100-04-5330 INFOSEND, INC 04/22/2022 1485.84
600 600-00-4310 MIDWEST OPERATING ENGINEERS WELFARE FUND 04/22/2022 3356.00
100 100-45-6250 PETROCHOICE LLC 04/22/2022 314.67
100 100-01-6940 SECRETARY OF STATE 04/22/2022 5.00
100 100-01-5330 SHAW MEDIA 04/22/2022 53.02
100 100-04-5330 SHAW MEDIA 04/22/2022 43.64
100 100-47-5110 SIMONOVIC, KATARINA 04/22/2022 1600.00
333
100 100-22-5310 UPS 04/22/2022 13.24
100 100-30-5310 UPS 04/22/2022 31.11
620 620-00-5110 US BANK EQUIPMENT FINANCE 04/22/2022 598.56
620 620-00-5320 VERIZON WIRELESS 04/22/2022 4951.93
100 100-01-5230 ZUKOWSKI ROGERS FLOOD & MCARDLE 04/22/2022 580.00
100 100-22-5410 ASSOCIATION OF POLICE SOCIAL SERVICES 04/29/2022 75.00
620 620-00-5320 AT&T LONG DISTANCE 04/29/2022 4.40
100 100-03-5110 BENCHMARK ENVIRONMENTAL SERVICES 04/29/2022 1650.00
100 100-22-5110 CALEA 04/29/2022 4595.00
100 100-33-5520 COMED 04/29/2022 50.80
100 100-45-5510 COMED 04/29/2022 25.60
510 510-32-5510 COMED 04/29/2022 23.22
510 510-32-5510 COMED 04/29/2022 63.98
620 620-00-6110 GOVCONNECTION, INC 04/29/2022 436.69
510 510-31-6110 HACH COMPANY 04/29/2022 141.54
100 100-1290 PEARL STREET MARKET NFP 04/29/2022 1900.00
100 100-22-6210 PETTIBONE & CO, P F 04/29/2022 88.00
100 100-22-6210 PETTIBONE & CO, P F 04/29/2022 188.20
620 620-00-5110 VERIZON CONNECT NWF, INC 04/29/2022 61.57
620 620-00-5110 VERIZON CONNECT NWF, INC 04/29/2022 61.57
100 100-33-6110 WATER PRODUCTS - AURORA 04/29/2022 27.00
TOTAL:137069.37
334
Department of Public Works
Troy Strange, 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.
REGULAR AGENDA SUPPLEMENT
DATE: May 16, 2022
TO: Mayor and City Council
FROM: Troy Strange, P.E. Director of Public Works
Greg Gruen, P.E. Staff Engineer
RE: Proposed 2023 Road Resurfacing Program
Request for Authorization to Bid
ATT: Proposed Program Location Listing and Estimated Costs
Project Location Map
Road Program Mileage History
____________________________________________________________________________
AGENDA ITEM SUMMARY:
Staff requests City Council to authorize staff to prepare plans, solicit proposals for engineering
assistance (if necessary), and to publicly bid the 2023 Road Resurfacing Program.
BACKGROUND:
Staff is proposing a FY23/24 Capital Improvement Program (CIP) item that includes $2,500,000
for the 2023 Road Program, which would be the largest road resurfacing program the City of
McHenry has ever undertaken. Staff is preliminarily estimating the cost of the resurfacing to be
approximately $400,000/mile. The locations for the work are based on an updated multi-year
plan which staff has recently completed and is based upon the Chicago Metropolitan Agency for
Planning (CMAP) grant funded pavement study completed in Summer of 2019. The pro gram will
consist of resurfacing approximately 6 miles of local neighborhood streets. Work will consist of
asphalt grinding and resurfacing, concrete ADA ramp sidewalk improvements and limited curb
and gutter repairs. Public Works maintenance staff will begin repairing manholes and sewers
within the project limits in an ticipation of the project as soon as program locations are finalized.
Additionally, maintenance staff will begin “in-house” completion of sidewalk ADA ramp
improvements upon finalization of program locations. Staff intends to publicly bid the
resurfacing project in the first quarter of 2023.
335
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 program will be funded utilizing the following funding sources:
• $1,400,000 Regular Illinois Motor Fuel Tax
• $300,000 Township Road District Road and Bridge Funds
• $300,000 Municipal Retailer Motor Fuel Tax
• $500,000 Operating Capital (Street Division Budget)
ANALYSIS:
The Preliminary Engineer’s Opinion of Probable Cost (EOPC) to resurface 6 miles of local roads at
a cost of $400,000/mile including contingencies is approximately $2.5 Million.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended to authorize staff to proceed with the plan
preparation and publicly bid the 2023 Road Resurfacing Program as presented. If necessary, it
is further recommended to authorize staff to solicit proposals for engineering assistance to
present to the City Council at a later date.
336
McHENRY ROAD PROGRAM
RECOMMENDED STREETS
BASED ON 2019 PAVEMENT CONDITION REPORT BY ARRA
APRIL 2022
NAME LENGTH PCI (2019)
APPROXIMATE
COST
PRIMARY
ROUTE NAME LENGTH PCI (2019)
APPROXIMATE
COST
PRIMARY
ROUTE NAME LENGTH PCI (2019)
APPROXIMATE
COST
PRIMARY
ROUTE
WASHINGTON ST 1,885 24 $142,803.03 N SETTLERS COURT 324 26 $24,545.45 N FLOWER ST 2,251 29 $170,530.30 N
CLEARBROOK ST 602 24 $45,606.06 N N BEACH RD 3,034 27 $229,848.48 N PARK ST 1,820 29 $137,878.79 N
LINCOLN AVE 543 24 $41,136.36 N N PARK LANE AVE 2,340 27 $177,272.73 N FOXVIEW HIGHLANDS 571 30 $43,257.58 N
AMHERST CT 1,051 24 $79,621.21 N HUNTER DRIVE 465 27 $35,227.27 N REMMINGTON TR 836 30 $63,333.33 N
W SUNRISE VIEW 1,275 25 $96,590.91 N GRAUE MILL COURT 489 27 $37,045.45 N W. GLENBROOK TR 1791 30 $135,681.82 N
W SHORE DR 7,250 25 $549,242.42 Y SPRING CREEK LANE 1,188 27 $90,000.00 N STRATFORD CT 990 30 $75,000.00 N
MEADOW LANE (S. of Rte120)1,050 25 $79,545.45 N RADCLIFF COURT 507 27 $38,409.09 N RODGERS AVE 1,427 30 $108,106.06 N
N. GREEN STREET 1,444 25 $109,393.94 N CHARLOTTE AVE 844 27 $63,939.39 N N BROWN ST 490 30 $37,121.21 N
1ST AVE 492 25 $37,272.73 N S. CARRIAGE TRAIL 670 27 $50,757.58 N GRAND AVE (W of Millstream)933 30 $70,681.82 N
WINSLOW CIR 191 25 $14,469.70 N CAMBRIDGE DR 880 27 $66,666.67 N CENTEGRA AVE (W of Gladstone)1,872 30 $141,818.18 N
DEERWOOD TR 2,636 26 $199,696.97 N FOREST RD 1,155 28 $87,500.00 N McCULLOM LK RD (E of Riverside)207 26 $15,681.82 N
MCCULLOM LAKE RD (W of Riverside)2,700 26 $204,545.45 Y VICTORIA AVE 767 28 $58,106.06 N RIDGEWAY TR 1,734 31 $131,363.64 N
CAREY DR 914 26 $69,242.42 N RYAN ST 506 28 $38,333.33 N KENNEDY DR 1,029 31 $77,954.55 N
MILLER DR 1,860 26 $140,909.09 N CORNELL CT 459 28 $34,772.73 N KNOLL AVE 1,449 31 $109,772.73 N
LARKIN LN 730 26 $55,303.03 N OLDE MILL LN 2,935 28 $222,348.48 N DONOVAN ST 956 31 $72,424.24 N
N COURT STREET 1,420 26 $107,575.76 N W PARKWAY AVE 1,640 28 $124,242.42 N LONGFORD DR 2,508 31 $190,000.00 N
SPRUCE LN 527 26 $39,924.24 N SHAMROCK LN 1,200 28 $90,909.09 N KENSINGTON DR 2,616 32 $198,181.82 N
BELDEN ST 980 26 $74,242.42 N PARK/BANK DR/KNOX 2,120 26/28/30 $160,606.06 N HOLLYWOOD BLVD 1,702 32 $128,939.39 N
CALLISTA ST 1,182 27 $89,545.45 N N RIVER RD 651 28 $49,318.18 N LEONARD AVE 1,490 32 $112,878.79 N
W PONCA ST 1,316 27 $99,696.97 N BOONE CREEK CIR 1,603 28 $121,439.39 N
SOUIX LANE 1,513 27 $114,621.21 N OAK AVE 1,604 29 $121,515.15 N
HIGHVIEW AVE 1,845 27 $139,772.73 N N CENTRAL ST 959 29 $72,651.52 N
BISCAYNE RD 2,286 29 $173,181.82 N
MILLER PKWY 1,033 29 $78,257.58 N
TANGLEWOOD TR 831 29 $62,954.55 N
6.3 MILES $2,530,757.58 5.8 MILES $2,309,848.48 5.1 $2,020,606.06
Notes:
1. Court/Venice south of Rte 120 will be funded as a separate project.
2. Program based on $400,000 per mile cost.
3. Park/Knox/Bank to be done in 2024.
4. Settlers Ct Moved to 2024 to pave with Old Mill Ln
5. Victoria Ave to be paved for City owned portion only
2023 2024 2025
CONSTRUCTION YEAR
337
338
0.9
10.9
0
2.5
0
1.3 0.9
4.5
3.3
0
2.1
1.1
5.5
10.7
0
2
4
6
8
10
12
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022MilesROAD PROGRAM HISTORY
MILES PAVED PER YEAR
MILES PAVED Recommended
25-YR Service Life
339
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
AGENDA SUPPLEMENT
TO: Mayor and City Council
FOR: May 16, 2022 City Council Meeting
FROM: Cody Sheriff, City Planner
RE: Ordinance Annexing an 8.9-Acre Tract of Land Commonly Known as 5816 W. Elm
Street in McHenry County, Illinois
Ordinance granting a Zoning Map Amendment to C-5 Highway Commercial
District, Zoning Variations, and Use Variation for a Caretaker Residence in
conjunction with a Conditional Use Permit for the operation of a Mini-
Warehouse with Outdoor Storage at 5816 W. Elm Street.
ATT:
1. Approved Planning and Zoning Commission Minutes dated March 30, 2022
2. Ordinance annexing an 8.9-Acre tract of land commonly known as 5816 W. Elm Street in
McHenry County, Illinois.
3. Ordinance granting a Zoning Map Amendment to C-5 Highway Commercial District,
Zoning Variations, and Use Variation for a Caretaker Residence in conjunction with a
Conditional Use Permit for the operation of a Mini-Warehouse with Outdoor Storage at
5816 W. Elm Street.
4. Planning & Zoning Commission Staff Report
5. Petitioner’s Application Packet
AGENDA ITEM SUMMARY:
The petitioners, First Midwest Bank Trust 13470 and John Fuhler, are requesting approval of
several zoning items conditioned upon annexation to accommodate the existing operation and
future expansion of the Mini-Warehouse Facility with Outdoor Storage and existing Caretaker
Residence at 5816 W. Elm Street. To accommodate the request, the petitioners are seeking
approval of the following zoning items:
1. Zoning Map Amendment upon Annexation to the C-5 Highway Commercial District
340
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
2. Use Variation for an existing Caretaker Residence
3. Conditional Use Permit for the operation and future expansion of the existing Mini-
Warehouse Facility with Outdoor Storage.
4. Zoning Variation to allow 6 parking spaces in lieu of the required 77 spaces.
5. Any other Zoning Variations necessary to accommodate the existing structures and
proposed expansion.
PLANNING & ZONING COMMISSION RECOMMENDATION AND DISCUSSION:
The Planning and Zoning Commission held a public hearing for the request on March 30, 2022.
Several objectors were present at the hearing and primarily cited concerns regarding Dot Street
access, the change of the existing use, property values, and stormwater.
The existing expansion area originally included the private drive known as Dot Street. This has
been a point of contention amongst the property owners with access on Dot Street who were
unaware that it was not a public right-of-way. At the request of staff, the Property Owner(s)
have agreed to exclude the portion of the property identified as Dot Street in the Annexation.
Throughout this process, staff have been in contact with the McHenry County Division of
Transportation, and McHenry Township Highway Commissioner to identify a solution for Dot
Street. The McHenry Township Highway Commissioner has informed city staff that the
Township is planning to accept Dot Street from the Property Owner(s) as a public right-of-way.
This acquisition will take place over a three (3) year period to allow time to budget for the cost
of improving the roadway prior it being accepted by the Township. As such, staff eliminated a
condition of approval that was recommended by staff and the Planning & Zoning Commission
related to access easements for the property owners on Dot Street since this matter is being
handled by the Township.
The Planning & Zoning Commission agreed with staff’s assessment citing the longevity of
operations on site since 1997, proximity to a state highway, and overall location and proximity
to other industrial uses and voted unanimously to recommend approval of the request subject
to several conditions of approval:
1. The Property Owner(s) shall remove the shed and other accessory structures depicted in
the submitted plat of survey for the eastern most property within six (6) months of
annexation.
2. All development on site shall be in substantial conformance with the conceptual
landscape plan.
3. The Property Owner(s) shall provide the City with a finalized Landscaping Plan for the
proposed expansion area in conformance with the City’s Landscaping and Screening
341
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
Ordinance to the greatest extent possible as determined by the Zoning Administrator
prior to issuing a building permit.
4. The Property Owner(s) shall preserve the existing tree line to the greatest extent
possible.
5. The Property Owner(s) shall provide a tree survey within six (6) months of annexation or
prior to issuing a building permit, whichever comes first.
If the City Council concurs, it is recommended the attached Ordinance Annexing 5816 W. Elm
Street be approved first (Mayor-City Council Vote, Simple Majority). If the Mayor and City
Council approve the requested annexation, then it is recommended the attached Ordinance
granting a Zoning Map Amendment to C-5 Highway Commercial District, Zoning Variations,
and Use Variation for a Caretaker Residence in conjunction with a Conditional Use Permit for
the operation of a Mini-Warehouse with Outdoor Storage at 5816 W. Elm Street be approved.
(City Council Vote, Simple Majority)
342
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
Planning & Zoning Commission Minutes from March 30, 2022
File No. Z-2022-12
Petitioner First Midwest Bank Trust 13470 & John Fuhler
Zoning Map Amendment Upon Annexation to C-5 Highway Commercial District, Conditional
Use, Use Variation, and Zoning Variations to Accommodate the expansion of the existing
Mini-Warehouse Facility at 5816 W Elm Street
Chairwoman Rockweiler called the hearing to order at 7:05 p.m. regarding File No Z-2022-12, a
Zoning Map Amendment Upon Annexation to C-5 Highway Commercial District, Conditional
Use, Use Variation, and Zoning Variations to Accommodate the expansion of the existing Mini-
Warehouse Facility at the subject property, commonly known as 5816 W. Elm St. Chairwoman
Rockweiler confirmed all legal posting requirements have been met.
Mr. John Fuhler, 1154 N.Main St. Algonquin, owner of the property, was sworn in. Also in
attendance was Attorney Joseph Gottemoller. Attorney Gottemoller stated the re-zoning will
be upon annexation of the property. The petitioner is seeking C-5 with a conditional use for
Mini warehouses with outdoor storage. Currently the property contains mini warehouses and
the space for the proposed expansion of mini warehouses on to the neighboring vacant
property. The legal description includes the property commonly known as Dot Street which will
remain a private drive. Mr. Fuhler purchased the property with Dot Street as is and had nothing
to do with its original, and current, situation. As stated, he was unaware it was a problem as
was the City until this request was made. Mr. Fuhler has stated he will build a berm to help
with site lines. He also stated they would like to include outdoor storage in their request.
City Planner Sheriff provided the Commission with the Staff Report regarding this file stating
the petitioners are requesting approval of several zoning items to accommodate the existing
Mini-Warehouse Facility and Caretaker Residence. The subject property is currently zoned B-3
General Business District, with a Conditional Use for a Mini-Storage Facility in Unincorporated
McHenry County. The surrounding land uses primarily consists of estate sized unincorporated
single-family residential to the east, Industrial to the south, and Single Family Residential to the
north that currently operates as a farm. The petitioners are proposing to rezone the property
upon annexation to the C-5 Highway Commercial District. Given the direct access of the
property to IL-120, staff believes this zoning request for highway commercial is appropriate.
343
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
The Future Land Use map recommends High-Density Residential on the subject property. The
proposed development is not in conformance with this recommendation. However, the
Comprehensive Plan text recommend locating high density residential in the center of town
and not on the outskirts. He stated the Commission may wish to discuss this during their
deliberations. Overall, staff believes the proposed development is consistent with the City’s
Comprehensive Plan objectives and policies.
Staff have researched and determined that Dot Street is not a street but a private driveway.
Staff spoke with the property owner to the southeast (1914 Dot St) who purchased their
property in September of last year. The owners believe that the former property owners built
the road; however, staff is unable to verify this claim. The McHenry Township Highway
Commissioner has informed the City that they also do not maintain the road nor do they know
who constructed it. Staff was recently made aware by the McHenry County Division of
Transportation that the property owner to the southeast owns to the midpoint of Dot Street.
This was based on the most recent legal description included in the deed of 1914 Dot Street.
Staff has requested the petitioner provide an ALTA Survey prior to going to City Council for
approval. Planner Sheriff stated, overall, this discrepancy largely does not impact the proposed
expansion since no access or expansion on Dot Street is proposed.
Planner Sheriff stated in summary, Staff supports the petitioner’s variation request for parking
based on their operations in Lake in the Hills which is of similar size. Although not in compliance
with the Future Land Use Map recommendation for High-Density Residential, the
comprehensive plan text does not recommend locating multifamily on the outskirts of town.
The petitioner has clarified for the commission that outdoor storage is being proposed. Staff
have not included the outdoor storage in the recommended motion based on the most recent
site plan submitted, therefore that motion will need to be amended. The petitioner has clarified
for the commission the height of the proposed landscaping berm will be 6 feet and have
clarified privacy fencing. Staff is recommending as a condition of approval that the petitioner
shall provide the City with a landscape plan in substantial conformance with the City’s
Landscaping and Screening Ordinance along with a tree survey, and to preserve the existing
tree line to the greatest extent possible. Staff is recommending as a condition of approval that
the petitioner shall provide access easements for all adjoining property owners on Dot Street
within 1-year of annexation with allowances for extensions based on unique circumstances as
determined by the Zoning Administrator.
344
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
Planner Sheriff stated if the Planning & Zoning Commission agreed with the petitioner’s
request, then approval of three motions as presented in the Staff Report and approval of the
one motion for the Conditional Use Permit with the inclusion of outdoor storage, as amended
from the Staff Report, were recommended.
Chairwoman Rockweiler invited questions and/or comments from the Commissioners.
Commissioner Davis asked for clarification on the residences and landscaping on the property.
Mr. Fuhler clarified.
Chairwoman Rockweiler asked for clarification on the use of Dot Street as simply for the
storage facility or for through traffic. Attorney Gottemoller clarified. Mr. Fuhler explained he is
hoping to have a berm and landscaping at Dot Street, and it will not be an entrance to the
facility. Planner Sheriff stated Dot Street is not a platted roadway and there could not be any
access changes without having to come back to Planning and Zoning with a site plan.
There were no other questions from the Commissioners.
Chairwoman Rockweiler invited questions and/or comments from the Public.
Mr. Jim Albright, 3822 Lincolnshire, McHenry was sworn in. Mr. Albright stated he is speaking
for himself and all the other residents along the eastern edge of the subject property that are
present at this hearing. He stated Mr. Fuhler is an absent owner of the subject property and
wanted that noted. He stated the new zoning of commercial property will be butting up to
residential. They believe if more storage facilities are added there will be more impact on the
traffic due to more people entering to access their storage units. Mr. Albright stated the
storage facility will go right up to the property lines of the residences on the east. He disagrees
that commercial use on this property is desirable. Mr. Albright stated the petitioner is selective
in what he maintains. On the east side Dot Street there is a 70-year-old widow living alone. On
the west side there is a family with 2 young children. The street has never been maintained or
plowed, and the petitioner only maintains what he feels he needs to. The residents do not
believe commercial in the middle of residential and agriculture wouldn’t have an impact. They
contacted other storage facilities in the area and found out there is a plethora of storage units
available to be rented, which is contrary to what they were told by the City and the petitioner.
345
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
Mr. Jim Lichon, 1916 Dot Street, was sworn in. Mr. Lichon stated, regarding environmental
impact, that he moved in two years ago and had no idea Dot Street was not owned by the City.
He presented a video of stormwater running down the Street past his garage after a rain. The
water flowed from straight up to the storage sheds and in a gully to the wetlands. The bright
lights of the storage facility shine in their yard and is extremely annoying. He does not believe
the 6-fence will block any of the new building from their view. The berm being proposed is only
about 100 ft from the residences. He stated the road and drainage is not maintained and that
is a major concern for their homes. He is also concerned with increased noise. He asked for
clarification on the outdoor parking storage location and size.
Paul Campos, 1914 Dot St. was sworn in. Mr. Campos stated he recently moved in September
2021 and desired a private residence when it was purchased. They were unaware of these
expansion plans and would not have purchased the property had they known of this proposal.
It was a nice quiet home, and he also believes the 6’ fence proposed is on a hill and will not
block the activity or bright lights from the storage facility. The excess water flow has been
affecting them with flooding already and they are concerned it will only get worse. Mr. Campos
asked for clarification on the parking storage size, spaces, etc. Attorney Gottemoller could not
clarify at this time.
Ms. Judy Walter 5618 Chesapeake, was sworn in. Ms. Walter stated she lives in Chesapeake
Hills subdivision. She stated she is at the bottom of the hill this storage expansion is at the top
of. It is a very tall hill, and the water will have nowhere else to go but down to their homes. She
is very concerned about water runoff.
Ms. Jannely Sanchez, 1914 Dot St. was sworn in and stated they do not want to live behind this
expanded business. There is a 6’ fence and it is not sufficient to block the commercial activity.
She spoke to managers of the facility and was informed of rodent activity at the storage units,
and they are concerned they will cause increased rodents on their property. She stated her
family will feel very unsafe and uncomfortable if this expansion is allowed. They also were not
informed that Dot St. was a private road, but Mr. Fuhler had told her at one time that he owned
the road. They are asking for him to completely maintain that road for all of the residences.
Ms. Karen Demarco, 1918 Dot St. was sworn in. Ms. DeMarco mentioned that when they
bought the property, they were told they were responsible for their private driveways and were
346
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
never told they would be responsible for maintaining the street, which has potholes and is
deteriorating and in dangerous condition. That is all the neighboring resident’s major concern.
Mr. Bill Kearns, 2017 N. Ringwood Rd., McHenry was sworn in and stated he owns property to
the east and a retention pond had been put in previously, but it does not seem to be operating
properly in recent years.
Other residents were present but did not choose to speak. All of the residents speaking stated
they were never informed that Dot Street was a driveway and not a roadway or that they would
be responsible for maintaining it.
Chairwoman Rockweiler closed the public comment portion of the hearing at 7:51 p.m.
Attorney Gottemoller and Mr. Fuhler asked to respond to residents’ comments. Mr. Fuhler
stated he understands the neighbors concerns regarding water and privacy and the berm and
he wants to be a good neighbor. He stated Dot Street has never been used by them or
maintained by them or plowed by him for 20 years so he doesn’t think they should begin
maintaining and plowing it now, especially when they intend to berm it and close off access to
it. Attorney Gottemoller summarized the past research done regarding Dot Street and it
unfortunately is unclear but the fact a property owner owns the underlying land/driveway does
not mean it is their responsibility to maintain it. It is not a road or driveway that the storage
facility will be using but they have no problems allowing the residents to maintain it themselves
however they want to. The building of the facility will have to go through engineering reviews
with the City that will address water runoff and they are proposing to add two berms to help
alleviate water from running off to Dot Street. All lighting will need to meet city standards and
motion sensors will be active for security purposes. He further stated all research and reviews
done indicate storage unit facilities do not cause increased car traffic or near as much traffic as
a residential neighborhood causes. Attorney Gottemoller clarified that the neighbors’
properties and surrounding areas contain agricultural land and there are mice and rodents in all
agricultural and countryside land. This is not something that is caused by expanding the
storage facility, it is simply a fact of the surrounding land. Mr. Fuhler lives in McHenry County
and is an active businessman in the area.
347
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
Commissioner Bremer asked what the hours of the facility would be. Mr. Fuhler stated it opens
at 5:00 a.m. and closes at 10:00 p.m. She asked for clarification on the parking area for the
outdoor storage. Mr. Fuhler stated they do not have exact plans yet, but it will be next to the
detention area at the low part of the property and not near the neighbors, and that
approximately 30 spaces would constitute a good financial investment and make it feasible. It
will be done on a request basis. Commissioner Bremer asked Mr. Fuhler to address the
resident’s comments that the previous berm failed to reduce the water issues. Mr. Fuhler
stated he doesn’t believe the water flowed from a failed berm but rather from the field because
the ground was frozen.
Planner Sheriff stated when Dot Street was put in it pre-dated the current State Plat Act which
is the reason for the confusion with the status of the road maintenance. The City will require
the road ownership to be resolved within a year so that the road can be maintained.
Commissioner Davis asked for clarification of the placement of the berm and fence. Mr. Fuhler
stated it is not fully determined or shown in the plans. There is a 6 ft chain link fence there on
the perimeter of the property and a 6 ft cedar fence was later built for privacy for the residents.
The new berm being proposed will be 6 feet or higher and the storage units will be built down,
or below, the base of the berm. Commissioner Davis asked for clarification on the size of the
larger retention pond. Mr. Fuhler stated it will be larger and must be engineered to meet city
codes. Director Polerecky confirmed.
Commissioner Davis commented in his opinion the private road owner / property owner is
allowing use of the road to the residents. There are other private roads in this town that do
have to maintain their own private roads and this property owner is helping the best he can.
He doesn’t mean anyone is right or wrong, it just is the way it is.
Commissioner Lehman stated most of the concerns were addressed by the Petitioner and he is
in favor of the project.
Commissioner Sobotta asked if lighting would be on poles or on the buildings. Mr. Fuhler
stated current lighting is on the buildings and new lighting added will be the same and will meet
all current code requirements. Commissioner Sobotta asked if Dot Street was the only access
road for the residences. Mr. Fuhler stated it was for all but one of the houses.
348
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
Commissioner Smale stated most of her concerns were addressed and she had no further
questions.
Chairwoman Rockweiler stated the main concerns seem to be water runoff and ownership and
maintenance of Dot Street. She believes it was clarified the berm has to be engineered to help
alleviate water problems and Director Polerecky confirmed that the addition of the berms
cannot negatively affect the neighbors. Until they have an engineering site plan presented, it
will be hard to positively speak on the engineering but everything will have to be built to meet
current requirements.
Chairwoman Rockweiler agrees with the residents that the ownership of Dot Street is confusing
and difficult to deal with and asked what remedies might be available to them. Planner Sheriff
explained they would have to go through civil court for something like adverse possession of
the road. He stated Mr. Fuhler has indicated a desire to work with the residents. Dot Street is
classified as a driveway by the county, and driveways need to be privately maintained. He
further stated the Commission today will not be able to resolve the Dot Street issues but that
the City will continue to work with Mr. Fuhler to resolve things.
Commissioner Sobotta asked if all the water run off from the hill runs down to Route 120.
Director Polerecky commented it runs down in a southeasterly direction toward Ringwood Rd.
Motion by Davis, seconded by Lehman, with regard to File No. Z-2022-12, to recommend
approval the petitioner’s request for a zoning map amendment upon annexation to the C-5
Highway Commercial District, and by making said motion, that the approval criteria for Zoning
Amendments have been met as outlined in the Staff Report.
Roll Call: Vote: 6-ayes: Commissioners Bremer, Davis, Lehman, Rockweiler, Smale, and
Sobotta. 0-nay; 0-abstained; 1-absent: Riley. Motion Carried.
Motion by Lehman, seconded by Davis, with regard to File No. Z-2022-12, to recommend
approval of the petitioner’s request for a Conditional Use Permit for the operation of Mini-
Warehouse with outdoor storage, as amended, subject to the following conditions:
1. The Property Owners shall remove the shed and other accessory structures depicted in
the submitted plat of survey for the eastern most property within 6 months of
annexation.
349
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
2. All development on site shall be in substantial conformance with the conceptual
landscape plan titled “Proposed Landscape Plan”.
3. The Property Owners shall provide the City with a finalized Landscaping Plan for the
proposed expansion area in conformance with the City’s Landscaping and Screening
Ordinance to the greatest extent possible as determined by the Zoning Administrator
prior to issuing a building permit.
4. The Property Owners shall preserve the existing tree line to the greatest extent possible.
5. The Property Owners shall provide a tree survey within 6 months of annexation or prior
to issuing a building permit, whichever comes first.
6. The Property Owners shall work with the City to provide access easements for all
adjoining property owners on Dot Street within one year of annexation with allowances
for time extensions based on unique circumstances as determined by the Zoning
Administrator.
and by making said motion, that the approval criteria for Conditional Uses have been met as
outlined in the Staff Report.
Roll Call: Vote: 6-ayes: Commissioners Bremer, Davis, Lehman, Rockweiler, Smale, and
Sobotta. 0-nay; 0-abstained; 1-absent:Riley. Motion Carried.
Motion by Bremer seconded by Sobotta, with regard to File No. Z-2022-12, to recommend
approval of the petitioner’s request for a Use Variation to accommodate the existing Caretaker
Residence on site, and by making said motion, that the approval criteria for Use Variations have
been met as outlined in the Staff Report.
Roll Call: Vote: 6-ayes: Commissioners Bremer, Davis, Lehman, Rockweiler, Smale, and
Sobotta. 0-nay; 0-abstained; 1-absent: Riley. Motion Carried.
Motion by Smale, seconded by Lehman with regard to File No. Z-2022-12, to recommend
approval of the petitioner’s request for the following Zoning Variations:
1. Variation from the City’s Off-Street Parking and Loading Ordinance to allow 6 spaces in
lieu of the required 77 spaces.
2. Any other zoning variations necessary to accommodate the existing structures and
proposed expansion as depicted on the submitted conceptual landscape plan subject to
the conditions outlined in the Conditional Use Permit.
350
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
and by making said motion, that the approval criteria for Zoning Variations have been met as
outlined in the Staff Report.
Roll Call: Vote: 6-ayes: Commissioners Bremer, Davis, Lehman, Rockweiler, Smale, and Sobotta.
0-nay; 0-abstained; 1-absent: Riley. Motion Carried.
Chairwoman Rockweiler closed the hearing regarding File No. Z-2022-12 at 8:29 p.m.
351
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
ORDINANCE NO. 22-
AN ORDINANCE ANNEXING A 8.9-ACRE TRACT OF LAND COMMONLY KNOWN AS 5816 W.
ELM STREET IN MCHENRY COUNTY, ILLINOIS
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, a written petition has been filed with the City Clerk requesting annexation of
said real estate to the City legally described on “Exhibit A”, attached hereto and incorporated
herein, the “SUBJECT PROPERTY”, along with a complete and accurate plat of said real estate
incorporated herein and attached hereto on “Exhibit B”, and which petition has been filed in
accordance with 65 ILCS 5/7-1-8; and
WHEREAS, said real estate is not located within any other municipality or subject to an
annexation agreement with any other municipality, and said real estate is presently contiguous
to and may be annexed to the City in accordance with 65 ILCS 5/7-1-1, et seq.; and
WHEREAS, the City of McHenry does not provide library or fire protection services to said
real estate, so notice to the Fire Protection District or Public Library District of the annexation of
said real estate is not required; and
WHEREAS, the City has determined that the annexation of said real estate is in the best
interest of the City, will promote sound planning and growth of the City, and otherwise enhance
and promote the general welfare of the City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: That the SUBJECT PROPERTY be and the same is hereby annexed to and
made a part of the corporate limits of the City of McHenry, including any and all portions of
adjacent street, roads or highways as provided by law.
SECTION 2: The City Clerk is hereby directed to cause a certified copy of this ordinance,
together with said plat, to be recorded in the Office of the Recorder of Deeds of McHenry County,
Illinois. Following the recordation of this ordinance and plat, a copy thereof shall be filed in the
Office of the Clerk of McHenry County, Illinois.
SECTION 3: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
352
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
SECTION 4: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
Passed this 16th day of May, 2022.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Trisha Ramel, City Clerk
353
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1
That part of the Northwest Quarter of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian,
described as follows: Commencing at the North Quarter corner of said Section 28; thence South 89 degrees 00
minutes 16 seconds West, 894.45 feet along the Northerly line of said Northwest Quarter to the Place of
Beginning; thence continuing South 89 degrees 00 minutes 16 seconds West along said Northerly line, 458.58 feet;
thence South 01 degrees 07 minutes 55 seconds Easy, 417.00 feet to the Northwest corner of land described in
Deed to Phillip E. Miller and Kathleen S. Miller recorded as Document No. 682194; thence South 76 degrees 58
minutes 19 seconds East along the Northerly line of said Document No. 682194, a distance of 332.94 feet to the
Northeasterly corner thereof and a line 60.00 feet Northwesterly of and parallel with the Westerly line of the lands
described in Document No. 93R073141; thence North 16 degrees 44 minutes 38 seconds East along said parallel
line, 156.00 feet; thence South 73 degrees 15 minutes 53 seconds East, 60.00 feet to the Westerly line of said lands
described in Document No. 93R073141; thence North 16 degrees 42 minutes 30 seconds East along said Westerly
line, 38.64 feet; thence North 19 degrees 51 minutes 24 seconds East along said Westerly line, Deed 28.52 feet to
the Northwesterly corner thereof; thence North 00 degrees 37 minutes 06 seconds East along the Westerly line of
the lands described in Document No. 88R019395 a distance of 304.07 feet to the Place of Beginning, (Except the
North 30.00 feet thereof). In McHenry County, Illinois.
PARCEL 2
That part of the Northwest Quarter of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian,
described as follows: Commencing at the North Quarter corner of said Section 28; thence South 89 degrees 00
minutes 16 seconds West, 1353.40 feet along the North line of said Northwest Quarter to the Place of Beginning;
thence continuing South 89 degrees 00 minutes 16 seconds West along said Northerly line 472.86 feet; thence
Southerly on a line forming an angle of 86 degrees 02 minutes (record), 86 degrees 10 minutes (measured) left,
with a prolongation of the last described line for a distance of 246.68 feet along the West line of land described in
Deed to McHenry State Bank, recorded September 6, 1988 as Document No. 88R028270 in McHenry County,
Illinois, to the Northerly right-of-way line of Illinois State Route 120 as described in Document no. 631990 recorded
February 25, 1975; then South 52 degrees 54 minutes 20 seconds East, 92.20 feet along said right-of-way line to an
angle point; thence South 47 degrees 09 minutes 43 seconds East, 480.06 feet along said right-of-way line to the
Westerly line of land described in Deed to Phillip E. and Kathleen S. Miller recorded as Document No. 682194 in
McHenry County, Illinois; thence North 17 degrees 07 minutes 21 seconds East, 229.88 feet along said Westerly
line to the Northwesterly corner of said Document No. 682194; thence North 01 degrees 07 minutes 55 seconds
West, 417.0 feet to the Place of Beginning, (Except the North 30.00 feet thereof). In McHenry County, Illinois
354
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
EXHIBIT B
PLAT OF ANNEXATION OF SUBJECT PROPERTY
355
356
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
ORDINANCE NO 22-
ORDINANCE GRANTING A ZONING MAP AMENDMENT TO C-5 HIGHWAY COMMERCIAL
DISTRICT, ZONING VARIATIONS, AND USE VARIATION FOR A CARETAKER RESIDENCE IN
CONJUNCTION WITH A CONDITIONAL USE PERMIT FOR THE OPERATION OF A MINI-
WAREHOUSE WITH OUTDOOR STORAGE AT 5816 W. ELM STREET.
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, a petition has been filed with the City by First Midwest Bank Trust 13470 &
John Fuhler (“OWNERS OF RECORD”) requesting approval of a Zoning Map Amendment to C-5
Highway Commercial District, Conditional Use Permit, Use Variation, and Zoning Variations to
accommodate the existing operations and proposed expansion of a Mini-Warehouse Facility and
Caretaker Residence at the property commonly known as 5816 W. Elm Street and legally
described on “EXHIBIT A”, attached hereto and incorporated herein, “SUBJECT PROPERTY”; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on March 30, 2022 in the manner prescribed by ordinance and statute, and as a
result of said hearing, the Planning and Zoning Commission did unanimously recommend to the
City Council the granting of the requested Zoning Map Amendment, Conditional Use Permit, Use
Variation, and Zoning Variations; and
WHEREAS, the City Council has considered the evidence and recommendations from the
Planning and Zoning Commission and finds that the approval of the request is consistent with the
objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals,
and general welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That the SUBJECT PROPERTY is hereby granted a Zoning Map Amendment
from Estate District to C-5 Highway Commercial District.
SECTION 2: In granting said Zoning Map Amendment, the City Council finds that the
Approval Criteria for Zoning Amendments listed in §11-5-5 of the City of McHenry Zoning
Ordinance have been met.
357
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
SECTION 3: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to
operate a Mini-Warehouse Facility with Outdoor Storage subject to the following conditions:
1. The Property Owner(s) shall remove the shed and other accessory structures depicted in
the submitted Plat of Survey, attached hereto as EXHIBIT B, for the eastern most
property within six (6) months of annexation.
2. All development on site shall be in substantial conformance with the conceptual
landscape plan attached hereto as EXHIBIT C.
3. The Property Owner(s) shall provide the City with a finalized Landscaping Plan for the
proposed expansion area in conformance with the City’s Landscaping and Screening
Ordinance to the greatest extent possible as determined by the Zoning Administrator
prior to issuing a building permit.
4. The Property Owner(s) shall preserve the existing tree line to the greatest extent
possible.
5. The Property Owner(s) shall provide a tree survey within six (6) months of annexation or
prior to issuing a building permit, whichever comes first.
SECTION 4: In granting said Conditional Use Permit, the City Council finds that the
Approval Criteria for Conditional Uses listed in §11-15-5 of the City of McHenry Zoning Ordinance
have been met.
SECTION 5: That the SUBJECT PROPERTY is hereby granted approval of a Use Variation to
accommodate the existing Caretaker Residence.
SECTION 6: In granting said Use Variation, the City Council finds that the Approval Criteria
for Variances listed in §11-19-6 of the City of McHenry Zoning Ordinance have been met.
SECTION 7: That the SUBJECT PROPERTY is hereby granted approval of the following
Zoning Variations:
1. Variation from the City’s Off-Street Parking and Loading Ordinance to allow 6
spaces in lieu of the required 77 spaces.
2. Any other zoning variations necessary to accommodate the existing structures
and proposed expansion.
SECTION 8: In granting said Zoning Variations, the City Council finds that the Approval
Criteria for Variances listed in §11-19-5 of the City of McHenry Zoning Ordinance have been
met.
SECTION 9: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
358
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
SECTION 10: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
Passed this 16th day of May, 2022.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Trisha Ramel, City Clerk
359
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
Exhibit A
Legal Description of the Subject Property
PARCEL 1
That part of the Northwest Quarter of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian,
described as follows: Commencing at the North Quarter corner of said Section 28; thence South 89 degrees 00
minutes 16 seconds West, 894.45 feet along the Northerly line of said Northwest Quarter to the Place of
Beginning; thence continuing South 89 degrees 00 minutes 16 seconds West along said Northerly line, 458.58 feet;
thence South 01 degrees 07 minutes 55 seconds Easy, 417.00 feet to the Northwest corner of land described in
Deed to Phillip E. Miller and Kathleen S. Miller recorded as Document No. 682194; thence South 76 degrees 58
minutes 19 seconds East along the Northerly line of said Document No. 682194, a distance of 332.94 feet to the
Northeasterly corner thereof and a line 60.00 feet Northwesterly of and parallel with the Westerly line of the lands
described in Document No. 93R073141; thence North 16 degrees 44 minutes 38 seconds East along said parallel
line, 156.00 feet; thence South 73 degrees 15 minutes 53 seconds East, 60.00 feet to the Westerly line of said lands
described in Document No. 93R073141; thence North 16 degrees 42 minutes 30 seconds East along said Westerly
line, 38.64 feet; thence North 19 degrees 51 minutes 24 seconds East along said Westerly line, Deed 28.52 feet to
the Northwesterly corner thereof; thence North 00 degrees 37 minutes 06 seconds East along the Westerly line of
the lands described in Document No. 88R019395 a distance of 304.07 feet to the Place of Beginning, (Except the
North 30.00 feet thereof). In McHenry County, Illinois.
PARCEL 2
That part of the Northwest Quarter of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian,
described as follows: Commencing at the North Quarter corner of said Section 28; thence South 89 degrees 00
minutes 16 seconds West, 1353.40 feet along the North line of said Northwest Quarter to the Place of Beginning;
thence continuing South 89 degrees 00 minutes 16 seconds West along said Northerly line 472.86 feet; thence
Southerly on a line forming an angle of 86 degrees 02 minutes (record), 86 degrees 10 minutes (measured) left,
with a prolongation of the last described line for a distance of 246.68 feet along the West line of land described in
Deed to McHenry State Bank, recorded September 6, 1988 as Document No. 88R028270 in McHenry County,
Illinois, to the Northerly right-of-way line of Illinois State Route 120 as described in Document no. 631990 recorded
February 25, 1975; then South 52 degrees 54 minutes 20 seconds East, 92.20 feet along said right-of-way line to an
angle point; thence South 47 degrees 09 minutes 43 seconds East, 480.06 feet along said right-of-way line to the
Westerly line of land described in Deed to Phillip E. and Kathleen S. Miller recorded as Document No. 682194 in
McHenry County, Illinois; thence North 17 degrees 07 minutes 21 seconds East, 229.88 feet along said Westerly
line to the Northwesterly corner of said Document No. 682194; thence North 01 degrees 07 minutes 55 seconds
West, 417.0 feet to the Place of Beginning, (Except the North 30.00 feet thereof). In McHenry County, Illinois
360
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
EXHIBIT B
Plat of Survey
361
362
Department of Community Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.cityofmchenry.org
EXHIBIT C
Conceptual Landscape Plan
363
364
365
366
367
SStaff Report for the City of McHenry Planning & Zoning Commission
Staff Comments
The following comments and conclusions are based upon staff analysis and review prior to this hearing and are
to be considered viable unless evidence is established to the contrary. Staff may have additional comments
based upon the testimony presented during the public hearing.
BACKGROUND & REQUEST SUMMARY
The petitioners, Fist Midwest Bank Trust 13470 & John Fuhler (“Co-Owners of Record”), are requesting
approval of several zoning items to accommodate the existing Mini-Warehouse Facility and Caretaker
Residence:
x A Zoning Map Amendment to the C-5 Highway Commercial District Upon Annexation
x Use Variation to accommodate the existing Caretaker Residences on site.
x A Conditional Use Permit to accommodate the operation and expansion of the existing Mini-
Warehouse establishment with Outdoor Storage.
x Zoning Variations:
1. Variation from the City’s Offstreet Parking and Loading Ordinance to allow 6 spaces in lieu of
the required 77 spaces.
2. Any other zoning variations necessary to accommodate the existing structures and proposed
expansion.
Currently located in unincorporated McHenry County, the petitioner desires to annex into the City and rezone
the property to C-5 Highway Commercial District upon annexation. The existing storage facility with a
caretaker residence has operated on site since 1997. The petitioner is also requesting approval to expand
operations into the vacant parcel owned by the petitioner located directly east of the existing storage facility.
An original site plan indicated a vehicular outdoor storage area but that has since been removed and replaced
with additional enclosed units. To be safe, staff included the request for outdoor storage within the notice.
The petitioner should clarify if any outdoor storage is being proposed.
Staff have researched and determined that Dot Street is not a street but a private driveway. Staff spoke with
the property owner to the southeast (1914 Dot St) who purchased the property in September of last year. The
owners believe that the former property owners built the road; however, staff is unable to verify this claim.
The McHenry Township Highway Commissioner has informed the City that they also do not maintain the road
nor do they know who constructed it. Staff was recently made aware by the McHenry County Division of
Transportation that the property owner to the southeast owns to the midpoint of Dot Street. This was based
on the most recent legal description included in the deed of 1914 Dot Street. Staff has requested the
petitioner provide an ALTA Survey prior to going to City Council for approval. Overall, this discrepancy largely
does not impact the proposed expansion since no access or expansion on Dot Street is proposed.
CITY OF MCHENRY ORDINANCES
• The petitioner must meet the Approval Criteria for Map Amendments, listed in §11-5-5 of the City of
McHenry Zoning Ordinance.
• The petitioner must meet the Approval Criteria for Use Variances, listed in §11-19-6 of the City of
McHenry Zoning Ordinance.
• The petitioner must meet the Approval Criteria for Conditional Uses, listed in §11-15-5 of the City of
McHenry Zoning Ordinance.
368
• The petitioner must meet the Approval Criteria for Variances, listed in §11-19-5 of the City of McHenry
Zoning Ordinance.
SSTAFF ANALYSIS
CURRENT LAND USE & ZONING
The subject property is currently zoned B-3 General Business District, with a Conditional Use for a Mini-
Storage Facility in Unincorporated McHenry County. The surrounding land uses primarily consists of estate
sized unincorporated single-family residential to the east, Industrial to the south, and RS-1 Low-Density Single
Family Residential to the north that currently operates as a farm.
The petitioners are proposing to rezone the property upon annexation to the C-5 Highway Commercial
District. Given the direct access of the property to IL-120, staff believes this zoning request for highway
commercial is appropriate.
FUTURE LAND USE MAP RECOMMENDATION
The Future Land Use map recommends High-Density Residential on the subject property. The proposed
development is not in conformance with this recommendation. However, the Comprehensive Plan text
recommend locating high density residential in the center of town and not on the outskirts. The Commission
may wish to discuss this during their deliberations.
COMPREHENSIVE PLAN OBJECTIVES & POLICIES
Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives
and policies. Staff comments italicized.
View full list of City Plans at www.cityofmchenry.org/planningdocuments
x Growth, Policy – “Work with developers so that redevelopment improves the site or surrounding
conditions, including: access, landscaping, lighting, safety, and aesthetics.” (p. 29)
The petitioner is proposing the installation of a variety of spruce, pine, and fir trees. Although the
landscape plan submitted is largely conceptual, staff have included as a condition of approval that the
petitioner shall provide the city with a landscape plan that complies with the City’s Landscaping and
Screening Ordinance.
x Growth, Policy – “Encourage responsible, orderly growth in the City by assisting property owners with
annexation, supporting development plans and promoting redevelopment.” (p. 28)
Staff believes approval of the request would be supportive of supporting development plans and
creating orderly and responsible growth by requiring compliance with the City’s Landscaping and
Screening Ordinance.
SITE PLAN REVIEW
x Parking. The petitioner is not proposing to expand the existing parking area. The City of McHenry’s
Parking Ordinance requires an extreme amount of parking based on square footage (0.5 spaces per
1,000 square feet; ~77 spaces). McHenry County, and South Elgin require 1 space per 25 storage units.
With the operation of the storage facility being outdoors, customers do not park within the customer
parking area and instead drive into the facility to park in front of their rented unit. Other visitors that
may assist with unloading or loading storage units would pull up near the rented unit as well with room
to park on the sides of each of the stalls throughout the site. The petitioner operates a second facility
369
in Lake in the Hills which only has 5 parking spaces next to the caretaker residence and is the same size
as the proposed development with the expansion (approximately 155,000 square feet, see Figure 1).
Figure 1 - All Safe Storage, Lake in the Hills
x Landscaping. The petitioner has provided a conceptual landscaping and screening plan for the
proposed expansion area. A berm is identified with a variety of evergreen trees planted. Staff is
unaware of the exact height of the proposed berm. The petitioner should clarify the height of the berm
or if any privacy fencing will be installed. Staff have included a condition of approval that the petitioner
shall provide the City a landscape plan in substantial conformance with the City’s Landscaping and
Screening Ordinance.
x Existing Shed. Staff have been informed by the property owners to the southeast that the shed is not
in very good condition and has been an eyesore for the property owners. Staff is including a condition
of approval that the shed shall be removed within 6 months of annexation.
x Dot Street. Although the proposed expansion does not encroach within Dot Street, staff is
recommending a condition of approval related to resolving any future access disputes among adjoining
property owners.
370
SSTAFF SUMMARY ANALYSIS
x Staff supports the petitioner’s variation request for parking based on their operations in Lake in the
Hills which is of similar size.
x Although not in compliance with the Future Land Use Map Recommendation for High-Density
Residential, the comprehensive plan text does not recommend locating multifamily on the outskirts of
town.
x The petitioner should clarify for the commission whether any outdoor storage is being proposed. Staff
have not included the outdoor storage in the recommended motion based on the most recent site plan
submitted. The petitioner should acknowledge that they are pulling their request for outdoor storage if
this is accurate.
x The petitioner should clarify for the commission the height of the proposed landscaping berm and if
any privacy fencing will be installed.
x Staff is recommending as a condition of approval that the petitioner shall provide the City with a
landscape plan in substantial conformance with the City’s Landscaping and Screening Ordinance along
with a tree survey, and to preserve the existing tree line to the greatest extent possible.
x Staff is recommending as a condition of approval that the petitioner shall provide access easements for
all adjoining property owners on Dot Street within 1-year of annexation with allowances for extensions
based on unique circumstances as determined by the Zoning Administrator.
If the Planning & Zoning Commission agrees with petitioner’s request, then four (4) separate motions are
recommended:
1st MOTION: A motion to recommend approval of the petitioner’s request for a zoning map amendment upon
annexation to the C-5 Highway Commercial District.
AND
By making said motion, you agree that the approval criteria for Zoning Amendments have been met as outline
in the staff report.
ZONING MAP AMENDMENT APPROVAL CRITERIA (§11-5-5). Staff comments italicized below.
A. Compatible With Use Or Zoning of Environs.
Staff believes the proposed rezoning of the property is compatible with the surrounding land use. The
existing property is zoned B-3 General Business District in unincorporated McHenry County. Commercial
zoning would be a continuation of an already existing trend. Located in close proximity to a state
highway, highway commercial zoning appears to be the most appropriate zoning classification.
B. Supported by Trend of Development
Rezoning the property to C-5 Highway Commercial when adjacent to a state highway matches the
trend of other commercial properties along IL-120 in the City of McHenry.
C. Consistent with Comprehensive Plan Objectives.
Staff believes the proposed zoning map amendment is consistent for locating highway commercial
zoning along a state highway.
D. Furthers Public Interest
Staff believes the proposed request furthers the public interest by expanding the City’s jurisdictional
control over property adjacent to the City and within the Planning Boundary of the City of McHenry.
371
2nd MOTION: I motion to recommend approval of the petitioner’s request for a Conditional Use Permit for the
operation of Mini-Warehouse subject to the following conditions:
1. The Property Owners shall remove the shed and other accessory structures depicted in the submitted plat
of survey for the eastern most property within 6 months of annexation.
2. All development on site shall be in substantial conformance with the conceptual landscape plan titled
“Proposed Landscape Plan”.
3. The Property Owners shall provide the City with a finalized Landscaping Plan for the proposed expansion
area in conformance with the City’s Landscaping and Screening Ordinance to the greatest extent possible
as determined by the Zoning Administrator prior to issuing a building permit.
4. The Property Owners shall preserve the existing tree line to the greatest extent possible.
5. The Property Owners shall provide a tree survey within 6 months of annexation or prior to issuing a
building permit, which ever comes first.
6. The Property Owners shall work with the City to provide access easements for all adjoining property
owners on Dot Street within one year of annexation with allowances for time extensions based on unique
circumstances as determined by the Zoning Administrator.
AND by making said motion, I agree with staff’s assessment that the approval criteria for Conditional Uses
have been met as outlined in the Staff Report.
APPROVAL CRITERIA FOR CONDITIONAL USES (§11-15-5). Staff comments italicized below.
A. Traffic: Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning
district has been minimized.
a. Staff does not believe approval of the petitioner’s request would generate any adverse traffic
impacts. The petitioner operates a similar sized development in Lake in the Hills with
approximately 5 parking spaces compared with the already existing 6 parking spaces on site the
proposed development site.
B. Environmental Nuisance: Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of
light or air, or other adverse environmental effects of a type or degree not characteristic of
permitted uses in the zoning district, have been appropriately controlled.
a. Staff does not believe approval of the petitioner’s request would generate any environmental
nuisances. Staff have included as a condition of approval that the petitioners shall comply with
the landscaping and screening ordinance which should provide screening along the property
lines of neighboring property owners to the east.
C. Neighborhood Character: The proposed use will fit harmoniously with the existing natural or
manmade character of its surroundings, and with permitted uses in the zoning district. The use will
not have undue deleterious effect on the environmental quality, property values, or neighborhood
character already existing in the area or normally associated with permitted uses in the district.
a. Staff does not believe the request would have a negative impact on the surrounding properties
if the development complies with the City of McHenry Landscaping & Screening Ordinance.
D. Public Services and Facilities: The proposed use will not require existing community facilities or
services to a degree disproportionate to that normally expected of permitted uses in the district, nor
generate disproportionate demand for new services or facilities, in such a way as to place undue
burdens upon existing development in the area.
a. The site will continue to operate on well and septic until that time City Water and Sanitary
Sewer is extended along IL-120.
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E. Public Safety and Health: The proposed use will not be detrimental to the safety or health of the
employees, patrons, or visitors associated with the use nor of the general public in the vicinity.
a. Staff does not believe the proposed use will generate any adverse impacts on public safety and
health.
F. Other Factors: The proposed use is in harmony with all other elements of compatibility pertinent to
the conditional use and its particular location.
a. Staff believes the proposed use, subject to appropriate conditions, is compatible with the
surrounding area which consists of industrial, and estate zoned single-family in unincorporated
McHenry County. The site has operated in close proximity to the surrounding properties for over
20 years and does not appear to cause any adverse impacts.
3rd MOTION: I motion to recommend approval of the petitioners request for a Use Variation to
accommodate the existing Care Taker Residence on site.
AND by making said motion, you agree that the approval criteria for Use Variations have not been met as
outlined in the Staff Report.
APPROVAL CRITERIA FOR USE VARIANCES (§11-19-5)
A. Practical Difficulties or Particular Hardship: For reasons fully set forth in the written findings, the strict
application of the provisions of this title relating to the use of the buildings or structures, or the use of
the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from
mere inconvenience.
a. The subject property has an already existing caretaker residence that has operated on site since
1997. Staff believes that the proposed business would be difficult to manage should the request
be denied and create an undue hardship upon the applicant.
B. Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under
the conditions allowed by the regulations in this title for the pertinent zoning district.
a. Staff believes the request for a caretaker residence is appropriate given the existing operations
on site. Staff believes it would be difficult to yield a reasonable return on their investment if
forced to remove the caretaker residence.
C. Unique Circumstance: Special circumstances, fully described in the written findings, exist that are
peculiar to the property for which the use variance is sought and that they do not apply generally to
other properties in the same zoning district.
a. Staff believes this is a special circumstance related to the already 20 years in operation as a
mini-warehouse establishment with a caretaker residence to manage the property. Because of
this fact, staff believes that this finding is unique to this property and do not apply to other
property in the C-5 Highway Commercial District.
D. Not Alter Local Character: The granting of the use variance will not alter the essential character of the
locality, nor substantially impair environmental quality, property values or public safety or welfare in
the vicinity.
a. The caretaker residence has existed on site for over 20 years. Staff does not believe approval of
the request to accommodate the existing caretaker residence would generate any adverse
impacts on property values or impair environmental quality.
E. Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with
the general purpose and intent of this title and of the Comprehensive Plan of the City.
a. Staff believes approval of the request is in compliance with the Comprehensive Plan growth
policy of supporting annexation and developments in the City of McHenry.
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4th MOTION: I motion to recommend approval of the petitioner’s request for the following Zoning Variations:
1. Variation from the City’s Off-Street Parking and Loading Ordinance to allow 6 spaces in lieu of the required
77 spaces.
2. Any other zoning variations necessary to accommodate the existing structures and proposed expansion as
depicted on the submitted conceptual landscape plan subject to the conditions outlined in the Conditional
Use Permit.
AND by making said motion, I agree with staff’s assessment as outlined in the staff report and that the
approval criteria for Variances have been met.
VARIANCE APPROVAL CRITERIA (§11-19-5). Comments of staff italicized below.
A. Special Circumstances Not Found Elsewhere.
x Staff believes the variation request are related to a special circumstance not found elsewhere
due to the property annexing into the City and the use being established for over 20 years in
Unincorporated McHenry County. Staff believes the Zoning Ordinance parking requirement is
quite extreme given the operations of the existing facility in Lake in the Hills that is of similar
size and similar parking.
B. Circumstances Relate to the Property Only.
x Staff believes this is a special circumstance as it relates to this property only and not all property
within the C-5 Highway Commercial District. Staff believes the Zoning Ordinance does not
accurately reflect parking requirements of the use for outdoor mini-warehouse storage units.
C. Not Resulting From Applicant Action.
x Staff have reiterated in prior meetings that staff is planning for a comprehensive update of the
City’s parking ordinance to reflect trends in other communities. The applicant cannot reasonably
supply the amount of parking required by ordinance.
D. Unnecessary Hardship.
x Staff believes if the city enforces the ordinance that it would cause undue hardship onto the
applicant.
E. Preserves Rights Conferred By District:
x Staff believes this does not confer a special privilege for the subject property.
F. Necessary For Use Of Property:
x Staff believes that approval of the variations are necessary for the reasonable use and
enjoyment of the property as a mini-warehouse facility.
G. Not Alter Local Character:
x Staff believes approval of the petitioner’s request would not substantially alter essential
character of the locality nor have any other adverse impacts given the longevity of the use of the
property as a mini-warehouse since 1997.
H. Consistent With Title And Plan:
x Staff believes the proposed development is in substantial conformance with the Comprehensive
Plan text which recommends supporting annexation petitions and development plans for
commercial businesses.
I. Minimum Variance Recommended:
x Staff believes the variations requested are the minimum required.
Attachments:
x Petitioner’s Application and attachments
x Receipt of publication of legal notice
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File Number
City of McHenry – Zoning Board of Appeals
333 S. Green Street x McHenry, IL 60050 x (815) 363-2170 x Fax (815) 363-2173
PUBLIC HEARING APPLICATION
1. Name of Applicant First Midwest Bank Trust 13470 Dated Dec 4, 2007
C/o John Fuhler Phone 815 347 4700
Address 1154 North Main St Algonquin, Il 60102
email john@Fuhlerproperties.com
2. Name of beneficial Property Owner John W Fuhler and Ron W Fuhler Phone 815 347 4700
(if other than Applicant)
Address same as above Fax
3. Name of Engineer Phone
(if represented)
Address Fax
4. Name of Attorney Joseph Gottemoller Phone 815 459 5152
Email Joe@mchenrycountylaw.com
Address 1 N Virginia Street Crystal Lake Il 60014 Fax 815 459 0290
5. Common Address or Location of Property 5816 W Il Rte 120 McHenry Il and the vacant lot to
the East
6. Requested Action(s) (check all that apply)
X Zoning Map Amendment (Rezoning) Zoning Variance – Minor
X Conditional Use Permit Zoning Text Amendment
Zoning Variance X Annexation by agreement
Please provide a detailed description of the Requested Actions(s). For example, the type of
Zoning Variance needed, the operation that requires a Conditional Use Permit, or the new
zoning classification that is requested:
The Zoning will be upon annexation of the property. The petitioner is seeking C-5 with a conditional
use for Mini warehouses. Currently the property contains mini warehouses and the space for the
proposed expansion of mini warehouses. on to the neighboring vacant property. The legal
description includes the property commonly known as dot street which will remain a private drive.
FORM A Page 1 of 3
FORM A
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7. Describe the Present and Proposed Use of the Property: The property fronting on Route 14
is a self-storage facility. The adjoining property to the East is a vacant but is proposed to be an
expansion of the self-storage facility. Dot Street is a private drive and will remain as it is currently.
8. Current Zoning Classification of the Property, Including Variances or Conditional Uses:
McHenry County B-3C Business with a conditional use for self-storage the Easterly parcel is
Mchenry county A-1 Agricultural and is currently vacant.
9. Current Zoning Classification and Use of Adjoining Properties:
North City of McHenry RS-1
South the City of McHenry I-1 and County E2
East McHenry County A1v and A-1
West City of McHenry I-1
10. Required Attachments (check all items submitted).
Please refer to the Public Hearing Requirements Checklist to determine the required
attachments.
1. Application Fee (amount) $
x 2. Narrative Description of Proposal
x 3. FORM A – Public Hearing Application
x 4. FORM B – Zoning Map Amendment (Rezoning) Application
x 5. FORM C – Conditional Use Application
6. FORM D – Zoning Variance Application
x 7. Proof of Ownership and/or Written Consent From Property Owner
in the Form of an Affidavit
x 8. Plat of Survey with Legal Description
9. Typewritten List of Owners of All Abutting Properties.
x 10. Public Hearing Notice
11. Sign (Provided by the City, to be Erected by Applicant)
x 12. Site Plan
13. Landscape Plan
14. Architectural Rendering of Building Elevations
15. Performance Standards Certification
16. Traffic Analysis
17. School Impact Analysis
FORM A Page 2 of 3
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11. Disclosure of Interest
The party signing the application shall be considered the Applicant. The Applicant must be the
fee owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of
the subject property or his or her agent or nominee.
Applicant is Not Fee Owner
If the Applicant is not the fee owner of record of the subject property, the application shall
disclose the legal capacity of the Applicant and the full name, address, and telephone number of
the owner(s). In addition, an affidavit of the fee owner(s) shall be filed with the application
stating that the Applicant has the authority from the owner(s) to make the application.
Applicant of Fee Owner is Corporation or Partnership
If the Applicant, fee owner, contract purchaser, option holder, or any beneficiary of a land trust is
a corporation, the application shall disclose the names and addresses of the corporation’s
officers, directors, and registered agents, or the partnership’s general partners and those
shareholders or limited partners owning in excess of five percent of the outstanding stock or
interest in the corporation or interest shared by the limited partners.
Applicant or Fee Owner is a Land Trust
If the Applicant or fee owner is a land trust or other trust or trustee thereof, the full name,
address, telephone number, and extent of interest of each beneficiary must be disclosed in the
application.
12. Certification
I hereby certify that I am aware of all code requirements of the City of McHenry which relate to
this property and that the proposed use or development described in this petition shall comply
with all such codes, except with regard to any variation which is expressly approved by
ordinance by the City Council of the City of McHenry.
I hereby request that a public hearing to consider this petition be held before the Zoning Board
of Appeals of the City of McHenry, and thereafter that a recommendation be forwarded to the
City Council of the City of McHenry for the adoption of an ordinance granting the requested
action(s), including any modifications to this petition or conditions of approval recommended by
the Zoning Board of Appeals.
First Midwst Bank Trust 13470 Dated Dec 4, 2007
By:_______________________________________
Attest:___________________________________
________________________________ _______________________________
Beneficiary John W Fuhler Beneficiary Ron W Fuhler
____________________________________________________________________________
FORM A Page 3 of 3
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M:\ED\PZ DOCS\DOUGS PZ DOCS\Z-Files 2022\Z-2022-12 - Dot Street Annexation\McHenry ZBA-Cond. Use Permit-FORM B.docx
City of McHenry – Zoning Board of Appeals
333 S. Green Street x McHenry, IL 60050 x (815) 363-2170 x Fax (815) 363-2173
ZONING MAP AMENDMENT (REZONING)
Table 33 of the City of McHenry Zoning Ordinance provides that in recommending approval
of a Zoning Map Amendment (Rezoning), the Zoning Board of Appeals shall transmit to the
City Council written findings that all of the conditions listed below apply to the petition.
Please respond to each of these conditions as it relates to your petition.
1. Compatible with use or zoning of environs
The proposed use (s) or the uses permitted under the proposed zoning classification are
compatible with existing uses or existing zoning of property in the environs.
The property is currently used for a mini warehouse facility. The property on West and
South is classified in McHenry for Industrial use. The petitioner is seeking a zoning
classification of C-5 with a conditional use for Mini warehouse that will allow for the
expansion of its existing facility after the annexation of the property into the City. This
proposal is consistent with the current surrounding zoning and uses.
2. Supported by Trend of Development
The trend of development in the general area since the original zoning of the affected
property was established supports the proposed use or zoning classification.
The trend on Route 120 is towards commercial and industrial uses. As the owner of the
existing self storage facility, petitioner knows there is continued support and demand for this
use in the area.
3 Consistent With Comprehensive Plan Objectives
The proposed use or zoning classification is in harmony with the objectives of the
Comprehensive Plan of the City as viewed in light of any change conditions since the
adoption of the Plan.
The Plan calls for the continued development of a wide variety of commercial uses to
support a diversified economy in the City. This use is in demand and will continue to supply
a demand the public has been requesting.
FORM B Page 1 of 2
FORM B
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M:\ED\PZ DOCS\DOUGS PZ DOCS\Z-Files 2022\Z-2022-12 - Dot Street Annexation\McHenry ZBA-Cond. Use Permit-FORM B.docx
4. Furthers Public Interest
the proposed use or zoning classification promotes the public interest and not so the
interest of the applicant.
The continued expansion of this use and the classification of this property upon annexation
as a mini warehouse facility will continue to provide a service to the people of the cty of
McHenry helping to make the City be a destination location for those in the area who need a
place to store their property.
_____________________________________________________________________
FORM B Page 2 of 2
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City of McHenry – Zoning Board of Appeals
333 S. Green Street x McHenry, IL 60050 x (815) 363-2170 x Fax (815) 363-2173
CONDITIONAL USE PERMIT
Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval
or conditional approval of a Conditional Use, the Zoning Board of Appeals shall review all of
the conditions listed below to ensure that the proposed conditional use will be compatible
with existing uses in the area, and with permitted uses in the zoning district:
Please respond to each of these conditions as it relates to your petition.
1. Traffic
Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning
district has been minimized.
The property is currently in use as a mini storage and the expansion of that use should have
virtually no impact on the existing traffic conditions.
2. Environmental Nuisance
Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or
other adverse environmental effects of a type or degree not characteristic of permitted uses
in the zoning district, have been appropriately controlled.
There will be no new impact as the expansion is in the rear away from the public highway
3. Neighborhood Character
The proposed use will fit harmoniously with the existing natural or man-made character of
its surroundings, and with permitted uses in the zoning district. The use will not have undue
deleterious effect on the environmental quality, property values, or neighborhood character
already existing in the area or normally associated with permitted uses in the district.
The proposal is to expand an existing storage facility The expansion is consistent with the
surrounding commercial and industrial uses. Furthermore, it is separated from the nearby
residential neighborhoods
FORM C Page 1 of 2
FORM C
380
4. Public Services and Facilities
The proposed use will not require existing community facilities or services to a degree
disproportionate to that normally expected of permitted uses in the district, nor generate
disproportionate demand for new services or facilities, in such a way as to place undue
burdens upon existing development in the area.
A mini warehouse facility uses very few public amenities . This one is no exception. There
will not be an increased demand for public utilities by expanding this mini warehouse.
5. Public Safety and Health
The proposed use will not be detrimental to the safety or health of the employees, patrons,
or visitors associated with the use nor of the general public in the vicinity.
The area has operated for several years with out any public health and sfety issues.
Petitioner intends to keep it that way.
6. Other Factors
The proposed use is in harmony with all other elements of compatibility pertinent to the
conditional use and its particular location.
Petitioner will meet all of the existing regulations for mini warehousing in the City.
Review of the proposed Conditional Use by the City Staff, Zoning Board of Appeals, and
City Council shall address the following characteristics as they pertain to the subject
property. Be prepared to respond to questions regarding these issues:
x Location and Orientation.
x Lot Size.
x Size of facility, including floor area, structure height, design capacity, and anticipated
employment levels.
x Site design and arrangement.
x Provisions affecting on and off-street pedestrian and traffic movement, vehicle
storage, and access for emergency vehicles.
x Appearance.
x Screening and/or landscaping.
x On or off-site buffering from incompatible uses on adjoining properties, such as open
space, fencing, or landscaping.
x Operations factors, such as hours of operation or environmental controls.
x Other characteristics of the proposed use pertinent to the assessment of the impact
of the use on the area.
_________________________________________________________________________
FORM C Page 2 of 2
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Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
REGULAR AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Ross Polerecky, Community Development Director
FOR: May 16th, Regular City Council Meeting
RE: Sign Variance Request for Well Now/ Aspen Dental 1830-1840 N Richmond
Road
ATT: Sign application, Sign Package Proposal, Letter from Applicant
Agenda Item Summary: The Community Development Department received a sign variance
request for the Well Now Urgent Care and Aspen Dental located at 1830-1840 N Richmond Road.
The applicant is seeking a variance to allow an additional 24 sq/ft of area on their free-standing
sign and an additional 4 feet in height.
Background: Two new outlot parcels located in front of the former Stock and Field building were
approved in conjunction with a new storage facility located in the Stock and Field building.
Construction is underway for one of the new outlots, the tenants in this outlot will be Aspen
Dental and a Well Now Urgent Care facility. Council approved a sign variance for the Well Now
tenant in February that allowed additional wall signage, this free standing variance request was
not brought forward at that time because the free-standing sign is the responsibility of the
developer where the wall signs were the responsibility of the tenants.
Analysis: CDM McHenry is requesting a sign variance to allow an additional 24 sq/ft of free-
standing sign area along with an additional 4 feet in height. Under the current sign code an outlot
like the Aspen Dental/ Well Now is allowed one freestanding multitenant sign with an advertising
area no larger than 32 sq/ft and a maximum height of 6 feet. CDM’s proposal is for a 10-foot tall
sign with an advertising area of 56 sq/ft. Similar variance requests have been granted to the
adjacent McDonalds restaurant and Popeyes. A letter from the applicant is attached along with
an elevation of the sign and a site plan showing the location.
386
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
Sign variance must abide by the following four items:
1) will not be materially detrimental to the public welfare or injurious to other property in the
vicinity;
2) will not impair an adequate supply of light and air to adjacent property, increase the danger
of fire, endanger public safety, or substantially impair property values in the neighborhood;
3) shall not give the property owner or business an unfair advantage over a similar business;
and
4) will not cause a hazard to the public’s safety by being distracting because of size, location, or
being located within rights-of-way.
If the City Council concurs with the request, it is recommended that a sign variance be granted
to 1830-1840 North Richmond Road to allow an additional 24 sq/ft of advertising sign for a
total of 56 sq/ft and an additional 4 feet of height for a maximum of 10 feet.
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392
393
ORDINANCE NO. 22-
An Ordinance Granting a Sign Variance for CDM McHenry LLC, 1830-1840
N. Richmond Road McHenry, IL 60050
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 Community Development Department received a sign variance
request from CDM McHenry located at 1830-1840 N Richmond Road. The request is to allow an
additional 24 Sq/ Ft of freestanding sign area for a maximum of 56 sq/ft and an additional 4 feet
of height for a maximum of 10’.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
McHenry, McHenry County, I llinois, as follows:
SECTION 1: A sign variance shall be granted to Well Now Urgent Care, 1830-1840 N
Richmond Road to allow an additional 24 Sq/ Ft of freestanding sign area for a maximum of 56
sq/ft and an additional 4 feet of height for a maximum of 10’.
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 effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Passed and approved this 16th day of May 2022.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
_____________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
394
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 respon sible manner.
REGULAR AGENDA ITEM
DATE: May 16, 2022
TO: Mayor and City Council
FROM: Monte Johnson
RE: Class G and Special Use Liquor Licenses
AGENDA ITEM SUMMARY:
At the M ay 2nd meeting, City Council discussed the request from All Marine Retro Rentals to
allow certain dates for special tasting events. Following the discussion, a majority of the Council
members reached a consensus that it would be appropriate to allow for up to six (6) such
special events. The attached ordinance updates their Class G license to allow those.
Changes are also needed to keep our City Code alig ned with what is required from the State of
Illinois Liquor Control Commission. There are technicalities to the wording for how different
special licenses are issued to businesses or org anizations requesting to sell l iquor at special
events. Special Event licenses are issued to organizations holding special events, but those can
only be issued to non-profit organizations. This type of li cense is issued to the Chamber of
Commerce each year for Fiesta Days. For those businesses that already possess a liquor lic ense,
they must apply for a Special Use Permit. Language in the attached ordinance now aligns our
special event names with that of the State.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended to pass the attached ordinance Amending
Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and Fees
395
ORDINANCE NO. 2 2-
Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification and
Fees;
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.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of McHenry,
McHenry County, Illinois, as follows:
SECTION 1: Section 4-2-6, subsection D.7, of the Municipal Code relating to liquor license
classifications, shall be amended as follows:
D.3 . Class G (Limited Service And Package) License: Issuance of a Class G license shall authorize
the sale of beer and wine only for consumption on the premises, and the retail sale of
packaged liquor. The annual fee for such licenses shall be one thousand three hundred dollars
($1,300.00). Conditions on license are as follows:
a. This license shall be issued only for the designated area of Miller Point Park that is
identified under a valid use/permit agreement with the City.
b. No more than one Class G license shall be issued.
c. Up to six (6) days each calendar year may be specified for holding special tasting
events where the sale of any alcoholic liquor is permitted for consumption. Those dates
shall be coordinated with the office of the City Clerk.
All sale of beer and wine must be in metal cans, plastic bottles or plastic cups; glass containers are not
permitted.
SECTION 2: Section 4-2-1, Definitions, shall be updated by adding one definition as
follows:
SPECIAL USE PERMIT: A permit for use by a current licensed retailer to allow the transfer of alcoholic
beverages from an existing licensed retail premises to a designated site for a special event.
SECTION 3: Section 4-2-6, Alcoholic Liquor, License Classification and fees, shall be
amended by adding subsection D.8 as follows:
D.8. Special Use Permit: A Special U se Permit is required for current retail liquor license holders to
hold any special off-premise event(s). Any current Class A or Class B liquor license holder may apply
for a Special Use Permit.
SECTION 4: Section 4-2-6, subsection A of the Municipal Code relating to liquor license
classifications, approval authority, shall be amended as follows:
A. Approval Authority; Exception: Licenses required by this chapter shall be divided into the following
classes. The approval and authority to issue liquor licenses is the responsibility of the Liquor Control
396
Commissioner, with the approval of the City Council. The Liquor Control Commissioner or appointed
designee may issue Class D “special event” licenses, Class E "bring your own alcohol" licenses, and Special
Use Permits without prior Council approval when the license does not involve the use of additional City
services or public property.
SECTION 5: 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 effect, impair, invalidate or nullify the remainder thereof , which remainder
shall remain and continue in full force and effect.
SECTION 6: All ordinances, or parts thereof, in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 7: This ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, Illinois.
SECTION 8: This ordinance shall be in full force and effect from and after its passage,
approval and publication, as provided by law.
Passed this 16th day of May 2022.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
397
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.
DISCUSSION AGENDA SUPPLEMENT
DATE: May 16, 2022
TO: Mayor and City Council
FROM: Troy Strange, P.E., Director of Public Works
RE: Honorary Street Sign Removals, Permanent Display Locations
ATT: 2005 Honorary Sign Policy
2016 Honorary Sign Policy Revision
______________________________________________________________________________
AGENDA ITEM SUMMARY:
Staff is seeking direction from the City Council regarding a suitable location for a permanent
display of all Honorary Signs which have been removed due to their installation being beyond the
10-year time limit for display at the dedicated intersection location. The item is being presented
for open discussion to come to a consensus regarding this permanent display and to allow for
any additional public comment on the matter.
BACKGROUND:
The Honorary Street Sign Program was implemented in the City of McHenry in 2005 as a way of
honoring members of the community who have contributed to or made a significant impact on
the community. To date, there have been 36 Honorary Signs approved and installed.
The program was originally implemented with the approval of a policy by the City Council but not
with the adoption of an ordinance and inclusion of the ordinance in the Municipal Code. The
original policy did not identify a time limit for when the signs would be taken down but rather
stated that the honorary signs would be displayed in perpetuity. In 2016, the program was
reformed, and the policy was revised to include a ten-year time limit for all signs. Prior to the
revision in the policy, there were 17 honorary sig ns which were approved with no time limit
specified. Since the revision of the policy to create a time limit for all honorary signs, there have
been questions by members of City Council and the public regarding whether the time limit will
be enforced and signs that are ten years old be removed. One of the challenges staff has
encountered is that many of the commonly requested locations for honorary street signs already
have signs installed and applicants are having to seek alternate locations or multiple signs are
being installed at opposite corners of intersections.
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The matter was discussed by the City Council in January of 2022 and staff w as given direction to
begin removing all signs which have been up for 10 years or longer. Since then, staff ha s begun
reaching out to applicants and family members of honorees to make sure tha t the removals
proceed in a respectful manner of the honoree’s legacies and families’ wishes.
At the April 16, 2022, City Council Meeting, the subject of these removals was revisited during
the public comment period of the meeting. Several family members of honorees attended and
requested that the City Council reconsider the removals or propose an alternate sign location for
all “retired” signs that would allow for their continued permanent display. The City Council
directed staff to prepare an agenda item for discussion at a future City Council Meeting and
prepare recommendations. Based upon staff’s experience with members of the public, Honorary
Sign applicants, and families of honorees, the following recommendations are presented for
consideration and discussion:
• Locations are recommended to be located either in a downtown district location or at a
location that is a gathering place for the entire City such as City Hall or a p rominent City
Park.
• If a downtown location is selected, it is recommended that this display be incorporated
into the Downtown Streetscape Plan.
• The proposed display location should be a place of relative prominence that will respect
the legacy of the honorees and will be readily accessible to friends and family members
to continue to visit the new permanent sign location.
• The display location should be a location which allows the signs to be fixed to a building,
structure, or piece of infrastructure that will not rapidly wear and weather which would
negatively affect the prominence of the display.
• The display location should be a location which has available room to add “retired” signs
as the quantity of signs will gradually increase as time progresses.
399
(2005 Policy)400
(2016 Policy)
401
402