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Packet - 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) 1 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) 2 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 3 4 5 6 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) 7 • 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. 8 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. 9 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 10 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 11 EXHIBIT B 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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 42 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 43 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: 44 • 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: _________________________ 45 Page 1 of 4 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 46 Page 2 of 4 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 48 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 60 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 61 City of McHenry Master Services Contract HRG ver 042622 3 (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 62 City of McHenry Master Services Contract HRG ver 042622 4 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. 63 City of McHenry Master Services Contract HRG ver 042622 5 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 64 City of McHenry Master Services Contract HRG ver 042622 6 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 65 City of McHenry Master Services Contract HRG ver 042622 7 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 66 City of McHenry Master Services Contract HRG ver 042622 8 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. 67 City of McHenry Master Services Contract HRG ver 042622 9 (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. 68 City of McHenry Master Services Contract HRG ver 042622 10 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 69 City of McHenry Master Services Contract HRG ver 042622 11 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 70 City of McHenry Master Services Contract HRG ver 042622 12 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. 71 City of McHenry Master Services Contract HRG ver 042622 13 (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. 72 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, 73 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. 74 75 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] 76 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 77 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%. 78 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 80 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. 81 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. . 82 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. 83 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). 84 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 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 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: ________________________________ 116 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. 117 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). 118 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. 121 2 ACCEPTANCE OF PURCHASE ORDER The parties, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of all terms and provisions herein contained. IN WITNESS WHEREOF, the parties hereto have executed this Purchase Order the day and year written below. CONTRACTOR/VENDOR: PURCHASER: City of McHenry By: ________________________________________________ Title: Representative of Vendor authorized to execute Purchase Order Dated: _______________________________________________ SUPPLEMENTAL CONDITIONS 1. Acceptance of Purchase Order: The Purchase Order is an offer to contract, buy or rent and not an acceptance of an offer to contract, sell or rent. Acceptance of this Purchase Order is expressly limited to the terms hereof, and in the event that Contractor/Vendor’s acknowledgment or other response hereto states terms additional to or different from those set forth herein, this Purchase Order shall be deemed a notice of objection to such additional or different terms and rejection thereof. This Purchase Order may be accepted by the commencement of any Work hereunder or the delivery of any goods herein ordered, and, in any event, shall be deemed accepted in its entirety by Contractor/Vendor unless Owner is notified to the contrary within ten (10) days from its date of issue. 2. Amendment, Modification or Substitution: This Purchase Order contains the entire agreement between the parties. Any modification or rescission thereof must be in writing and signed by Owner. No proposals or prior dealings of the parties or trade custom not embodied herein shall alter the interpretation or enforcement of this Purchase Order. 3. Familiarity With Plans; Qualifications: Contractor/Vendor acknowledges that it (a) has examined the site of the proposed Work and is familiar with the conditions surrounding same; and (b) has examined the plans and drawings, and has studied and is aware of, and satisfied with, the requirements of the Contract Documents. Contractor/Vendor represents to Owner that it is fully experienced and properly qualified as an expert to perform the class of work provided for herein, and that it is properly equipped, organized and financed to handle such work. Contractor/Vendor shall finance its own operations hereunder, shall operate as an independent contractor and not as the agent of Owner, and shall hold Owner free and harmless from all liability, costs and charges by reason of any act or representations of Contractor/Vendor, its agents or employees. 4. Workmanship; Safety: All Work shall be performed by Contractor/Vendor in a neat, skillful and workmanlike manner, and all materials furnished by Contractor/Vendor shall be new and of the best description and quality of their respective kinds, unless otherwise specified and ordered by Owner in writing. All Work and/or materials shall be subject to the inspection and approval of the Owner, its engineers and representatives. Contractor/Vendor is responsible for its own and its employees’ activities on the jobsite, including but not limited to, the methods of work performance, superintendence, sequencing of work, and safety in, on or about the jobsite area in which it is performing the Work under this Purchase Order. Owner and Contractor/Vendor shall not require any laborer or mechanic employed in performance of this Purchase Order to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to his health or safety, as determined under applicable federal and Illinois construction safety and health standards 5. Extra’s and Change Orders: No claim by Contractor/Vendor that any instructions, by drawing or otherwise, constitute a change in Contractor/Vendor’s performance hereunder, for which Contractor/Vendor should be paid additional compensation shall be valid, unless prior to commencing such allegedly extra or changed performance, Contractor/Vendor shall have received a written supplement to this Purchase Order authorizing such performance signed on behalf of Owner by a person have actual authority to do so. No claim for additional compensation on the basis that Contractor/Vendor has incurred any expense by reason of any act or failure to act or Owner or its contractor, subcontractor, materialmen or any other party shall be valid unless made in writing within 30 days of the alleged act or failure to act and approved by Owner, provided, however, that if the Contractor/Vendor should be delayed in furnishing the articles, items, equipment or materials (hereinafter sometimes referred to as “goods”) or services or Work (hereinafter sometimes referred to as “Work”) ordered herein, by the omission, neglect or default of Owner, its agents or employees, Contractor/Vendor shall be entitled to no additional compensation or damages for such delay, and shall be entitled only to an extension of time for a period equal to the time lost as a result of the aforesaid causes, determined by Owner. Any charges for extra not so authorized will not be paid. 122 3 6. Inspection and Acceptance: Owner shall have the right at all reasonable times to inspect and test all goods, materials or Work furnished by Contractor/Vendor and all Work performed or furnished by Contractor/Vendor. Notwithstanding any prior inspection, the passage of title or any prior payment, all goods, material and Work furnished thereunder are subject to final inspection and acceptance by Owner at its job site. If, after inspection, Owner rejects any goods furnish by Contractor/Vendor thereunder, Owner may, at its election, return those goods to Contractor/Vendor at Contractor/Vendor’s expense, including the cost of any inspection and testing thereof. If Contractor/Vendor fails to proceed promptly with the correction or replacement of any rejected goods or Work, Owner may replace or correct such items or Work by purchase or manufacture and charge the cost incurred thereby to Contractor/Vendor or terminate this Purchase Order for default in accordance with paragraph 12 herein. By inspecting and not rejecting any goods and Work furnished thereunder, Owner shall not be precluded thereby from subsequently revoking its acceptance thereof it the goods or Work are later discovered to be nonconforming with this Purchase Order or the specifications and drawings applicable hereto, even if the defect does not substantially impair value to Owner. 7. Taxes, Delivery, Risk of Loss: Unless indicated to the contrary on the face hereof, it shall be the responsibility of Contractor/Vendor to arrange for and complete delivery of all goods or materials. If the goods or materials furnished thereunder are equipment, Contractor/Vendor shall give Owner two (2) working days’ advance notice of delivery. All goods or materials furnished by Contractor/Vendor should be shipped in the manner and at the times indicated on the face hereof at the expense of Contractor/Vendor, it being understood that the risk of loss with respect to such goods is with Contractor/Vendor until such goods come into the actual possession of Owner, regardless of the mode of delivery or earlier passage of title. This project is tax exempt. The Owner’s tax-exempt number is E_______________________________. 8. Payment: Owner will make partial payments to the Contractor/Vendor from time to time for the Work performed and the materials furnished by the Contractor/Vendor. Provided, however, in no event shall Owner be obligated to pay Contractor/Vendor any sum that exceeds the Contract Price absent a written change order executed by Owner. 8.1 Prior to issuance of any payments by the Owner to the Contractor/Vendor, the Contractor/Vendor shall furnish to the Owner (in a form suitable to the Owner) an application for the payment then due, together with receipts, waivers of claim and other evidence showing the Contractor/Vendor’s payments for materials, labor and other expense incurred in the Contractor/Vendor’s Work hereunder. The Owner will, at all times, be entitled to retain ten percent (10%) of all monies due and owing to the Contractor/Vendor as a part security for the faithful performance of this Agreement. This ten percent (10%) so withheld will not be paid to the Contractor/Vendor until the Owner has issued to the Contractor/Vendor a final acceptance of the Project. 8.2 Owner may withhold the whole or any part of any payment due to the Contractor/Vendor to the extent necessary to protect and indemnify the Owner from loss on account of (a) defective Work not remedied; (b) claims filed or reasonable evidence indicating probable filing of claims; (c) failure of the Contractor/Vendor to make payments promptly for material or labor; or (d) Contractor/Vendor’s failure to furnish Owner with all written warranties and operational manuals for the Work. 8.3 Contractor/Vendor hereby authorizes the OWNER (1) to deduct from any amount due or becoming due the Contractor/Vendor under this Agreement for all amounts owing from the Contractor/Vendor to (a) the Owner for back-charges or services furnished for the account of the Contractor/Vendor; (b) the Owner for damages sustained whether through negligence of the Contractor/Vendor or through failure of the Contractor/Vendor to act as may be otherwise detailed herein; (c) materialmen; (d) subcontractors; (e) laborers; and (f) others for services and materials furnished to the Contractor/Vendor for the Work performed under this Agreement, and (2) to apply the amount so deducted to the payment of said materials, services, damages or back-charges applying such monies so available in the order hereinbefore set forth. 8.4 Owner, without invalidating this Agreement, may make changes by altering, adding to or deducting from the Work to be performed. The value of any such changes will be determined as follows: (a) by the unit prices named in this Agreement, if any; or (b) by agreement in writing between the Owner and the Contractor/Vendor as to the value of the time and materials for the changes in the Work. In any event, the Contractor/Vendor will keep and present, in any form as the Owner may direct, a correct account of the net cost of any extra labor and materials, together with vouchers referring to the same. 8.5 Notwithstanding the payment in full for the Work hereunder, the Contractor/Vendor will be liable to repair or replace any imperfect workmanship or other faults; and if the Contractor/Vendor fails to repair or replace the imperfect workmanship or other faults, the Owner may do the Work and recover from the Contractor/Vendor the cost and expense thereof. No payment on account will be construed or considered as an approval of the Work for which payment is made. 9. Contractor/Vendor Warranty: Contractor/Vendor warrants in addition to all warranties which are imposed or implied by law or equity that all materials and Work furnished thereunder (a) shall confirm to any specifications and drawings applicable to this Purchase Order; (b) shall be merchantable and of good quality and workmanship; (c) shall be fit for the purpose intended as well as the propose for which such goods, materials or Work are generally used; and (d) except for rented equipment, shall be free from defects for a period of one (1) year, or such longer period as is specified in the Scope of Work or Contract Documents, from the date such Work is performed or such materials are utilized or installed, and if installed as part of a structure or utilized equipment, for one (1) year or such longer period as is specified in the Contract Documents, from the date any such goods, materials or Work hereunder is accepted in writing by Owner. Contractor/Vendor expressly agrees that the statute of limitations with respect to Contractor/Vendor’s warranties shall begin to run on the date of acceptance by Owner. 123 4 10. Insurance and Bonds: Contractor/Vendor shall at all times maintain business automobile, commercial liability and workers compensation insurance covering its work and all obligations under this Purchase Order, and shall name the Owner as an additional insured on its commercial liability insurance policies for Contractor/Vendor operations under this Purchase Order. Liability insurance limits shall be in an amount sufficient to protect the Owner’s interests as they may appear herein, but in no event less than $1,000,000.00 per occurrence. Contractor/Vendor shall furnish and pay for surety bonds and with surety or sureties satisfactory to Owner, guaranteeing the full performance of all of the conditions and terms hereof and guaranteeing that Contractor/Vendor shall promptly pay for all labor, materials, supplies, tools, equipment and other charges or costs of Contractor/Vendor in connection with the Work. Such performance and payment bond shall be in an amount determined by Owner. 11. Indemnity: The Parties hereby agree to indemnify, and hold each other, their respective direct and indirect parents and subsidiaries, project manager, any of their affiliated entities, successors and assigns and any current or future director, officer, employee, partner, member or agent of any of them (the “Indemnitees”) harmless from any and all claims , demands, liability, loss, damage, fines, penalties, attorney’s fees and litigation expenses (collectively “Loss”) arising out of injury to, including the death of, persons and/or damage to property, to the extent caused by the negligent acts or omissions of the party providing such indemnification. Further: 11.1 Contractor/Vendor acknowledges that any such items or Work furnished hereunder may include in whole or in part with or without modification or improvements in equipment, machinery or items constructed by Owner, and that should such item or Work prove defective such charges claimed by Owner shall include consequential damages, penalties, taxes or assessments (including punitive damages), including counsel fees and the costs of defense, which may be imposed or incurred under any federal, state or local low, ordinance or regulation upon or with respect to (a) the payment of compensation to any individual employed by Contractor/Vendor; (b) any discrimination against any individual employed by Contractor/Vendor on the basis of race, color, religion, sex, national origin or physical or mental handicap; (c) the protection of purchasers and users of consumer products; or (d) occupational safety and health. 11.2 In any and all claims against Owner or any of its agents or employees, by any employee of Contractor/Vendor, the indemnification obligation under this paragraph shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor/Vendor under workers compensation acts, disability benefits acts or employee benefit acts, or other applicable law. Contractor/Vendor assumes the entire liability for its own negligence, and as part of this Agreement waives all defenses available to Contractor/Vendor as an employer which limit the amount of Contractor/Vendor’s liability to Owner to the amount of Contractor/Vendor’s liability under any workers compensation, disability benefits or employee benefit acts. 12. Patents: Contractor/Vendor warrants that (a) goods furnished thereunder, and the sale and use thereof, shall not infringe any valid United States patent or trademark; and (b) Contractor/Vendor shall indemnify Owner for its costs to defend any suit instituted against Owner, its agents or customers, charging infringement of any United States patent or trademark by virtue of the possession, use or sale of any goods furnished thereunder is enjoined because of patent infringement. Contractor/Vendor within a reasonable amount of time shall at Contractor/Vendor’s expense procure for Owner its agents or customer, the right to continue using such goods with non- infringing goods or modify such goods so that they become non-infringing or remove such goods and refund to Owner any sums paid therefore, including transportation and installation charges. 13. Cancellation: Time of delivery of this Purchase Order is of the essence and Owner may, by written notice of default to Contractor/Vendor, cancel the whole or any part of this Purchase Order (a) if Contractor/Vendor fails to make delivery of the goods or perform the services within the time specified herein or any extensions thereof; or (b) if Contractor/Vendor fails to perform or so fails to make progress as to endanger performance thereunder, and in either circumstance does not cure such failure within a period of two (2) days after receipt of notice from Owner specifying such failure. Owner, by written notice to Contractor/Vendor, may cancel the whole or any part of this Purchase Order when it is in the best interest of Owner or when Owner has been notified of modification of the specifications pertaining thereto. If this Purchase Order is so canceled, the Contractor/Vendor shall be compensated as follows: (a) for materials delivered and services performed, the reasonable value as part of the Contract Price; (b) for materials not identified to this Purchase Order and service not performed, no compensation; and (c) for Contractor/Vendor’s lost profits or incidental or consequential loss, no compensation. 14. Remedies: Contractor/Vendor shall, for the duration of its warranties under paragraph 9 herein, at the discretion of Owner and at the expense of Contractor/Vendor, replace, repair and insure any and all faulty or imperfect goods, materials or Work furnished or performed by Contractor/Vendor thereunder. In the event Contractor/Vendor fails to do so, Owner may furnish or perform the same, and may recover from Contractor/Vendor the cost and expense directly or indirectly resulting there from, including all consequential damages but not limited to the cost or expense of inspection, testing, removal, replacement, re-installation, destruction of other materials resulting there from, any increased cost or expense to Owner in its performance under contracts with others, and reasonable attorneys fees incurred by the Owner in connection with Vendor’s default and Owner’s enforcement of its rights under this Purchase Order. The foregoing remedies shall be available in addition to all other remedies available to Owner in equity or at law including the Uniform Commercial Code. 124 5 15. Compliance With Laws: During the performance hereunder, Contractor/Vendor agrees to give all notices and comply with all Laws and Regulations of the United States and/or the State of Illinois applicable to the performance of the Work, including but not limited to those Laws and Regulations regarding the payment of prevailing wages, non-discrimination laws, employment of Illinois workers, labor, wage and collective bargaining. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Contractor/Vendor’s compliance with any Laws or Regulations. 16. Notices: All notices, demands, requests or other communications which may be or are required to be given, served, or sent by any party to any other party pursuant to this Purchase Order shall be in writing and shall be hand delivered, or sent by courier, or via facsimile with confirmation to the addresses shown on the Purchase Order. 17. Records, Reports and Information: Contractor/Vendor agrees to furnish Owner with reports and information regarding the Work performed under this Purchase Order, at such times as Owner may reasonably request, making full disclosure of efforts made by Contractor/Vendor and the results thereof. Contractor/Vendor agrees to maintain records, documents, and other evidence which will accurately show the time spent and Work performed under this Purchase Order for a minimum period of five (5) years after completion of the Work, and such records shall be subject to audit by the Owner upon reasonable advance notice to Contractor/Vendor on a mutually agreed date and time. 18. Assignment: Contractor/Vendor shall not assign this Purchase Order without written consent of Owner. Owner may unilaterally assign its rights under this Purchase Order upon reasonable notice to Contractor/Vendor. 19. Waiver: Either party’s failure to insist in any one or more instances, upon the strict performance of any provision hereof or to exercise any right hereunder shall not be deemed to be a waiver or relinquishment of the future performance of any such provision or the future exercise of such right, but the obligation of Contractor/Vendor and Owner with respect to such future performance shall continue in full force and effect. 20. Controlling Law, Severability: The validly of this Purchase Order or any of its provisions and the sufficiency of any performance thereunder shall be determined under the laws of Illinois. Venue shall be in McHenry County, Illinois. The Owner is entitled to recover its reasonable attorneys’ fees incurred in enforcing the terms of this Purchase Order. If any provision or requirement of this Purchase Order is declared or found to be unenforceable that balance of this Purchase Order shall be interpreted and enforced as if the unenforceable provision or requirement was never a part hereof. 21. Arbitration: Claims, disputes or other matters in question between the parties arising out of or relating to the Work under this Purchase Order or breach thereof shall be subject to and decided by Arbitration in accordance with the American Arbitration Association Construction Industry’s Arbitration Rules. Arbitration shall take place at City of McHenry City Hall. CONTRACTOR/VENDOR: _____________________________________________________________ ____________________________________ Date 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 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 167 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. 168 Draft May 6, 2022 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 169 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 170 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) 171 172 173 174 175 176 177 178 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. ................................................................................................ 5 180 City of McHenry Professional Services Contract Revised 5/22/17 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 ................................................................................. 11 181 City of McHenry Professional Services Contract Revised 5/22/17 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. ......................................................................................................... 11 182 City of McHenry Professional Services Contract -1- 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. 183 City of McHenry Professional Services Contract -2- 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 184 City of McHenry Professional Services Contract -3- 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 185 City of McHenry Professional Services Contract -4- 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. 186 City of McHenry Professional Services Contract -5- (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 187 City of McHenry Professional Services Contract -6- 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 188 City of McHenry Professional Services Contract -7- 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 189 City of McHenry Professional Services Contract -8- 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 190 City of McHenry Professional Services Contract -9- 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. 191 City of McHenry Professional Services Contract -10- 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 192 City of McHenry Professional Services Contract -11- 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 193 City of McHenry Professional Services Contract -12- 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: _______________________________________ 194 City of McHenry Professional Services Contract -1- 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. 196 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. 197 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 198 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. 199 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 200 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 5/16/22 201 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. 202 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: ________________________________________ 203 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 204 Version2.1 02212019 TABLE OF CONTENTS AUTHORIZED OFFICAL SIGNATURE PAGE PROJECT UNDERSTANDING PROPOSED SCOPE OF SERVICES COMPENSATION PROJECT SCHEDULE PROJECT TEAM CHART 205 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 206 Professional Services Agreement Venice Avenue Reconstruction & Pedestrian Improvements Project HR Green Project No. 220626 April 29, 2022 Page 1 of 9 Version2.3 02052021 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 207 Professional Services Agreement Venice Avenue Reconstruction & Pedestrian Improvements Project HR Green Project No. 220626 April 29, 2022 Page 2 of 9 Version2.3 02052021 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. 208 Professional Services Agreement Venice Avenue Reconstruction & Pedestrian Improvements Project HR Green Project No. 220626 April 29, 2022 Page 3 of 9 Version2.3 02052021 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. 209 Professional Services Agreement Venice Avenue Reconstruction & Pedestrian Improvements Project HR Green Project No. 220626 April 29, 2022 Page 4 of 9 Version2.3 02052021 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. 210 Professional Services Agreement Venice Avenue Reconstruction & Pedestrian Improvements Project HR Green Project No. 220626 April 29, 2022 Page 5 of 9 Version2.3 02052021 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. 211 Professional Services Agreement Venice Avenue Reconstruction & Pedestrian Improvements Project HR Green Project No. 220626 April 29, 2022 Page 6 of 9 Version2.3 02052021 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. 233 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 Section 23-00000-05-GM Lake County 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 2023 Patrol 1 Maintenance - Rock Salt Section 23-00000-05-GM 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 2023 Patrol 1 Maintenance - Rock Salt Section 23-00000-05-GM Lake County 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 2023 Patrol 1 Maintenance - Rock Salt Section 23-00000-05-GM 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 2023 Patrol 1 Maintenance - Rock Salt Section 23-00000-05-GM Lake County 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 2023 Patrol 1 Maintenance - Rock Salt Section 23-00000-05-GM Lake County 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 2023 Patrol 1 Maintenance - Rock Salt Section 23-00000-05-GM Lake County 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 2023 Patrol 1 Maintenance - Rock Salt Section 23-00000-05-GM Lake County 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 2023 Patrol 1 Maintenance - Rock Salt Section 23-00000-05-GM Lake County 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 2023 Patrol 1 Maintenance - Rock Salt Section 23-00000-05-GM 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 2023 Patrol 1 Maintenance - Rock Salt Section 23-00000-05-GM Lake County 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 2023 Patrol 1 Maintenance - Rock Salt Section 23-00000-05-GM Lake County 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 2023 Patrol 1 Maintenance - Rock Salt Section 23-00000-05-GM 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 2023 Patrol 1 Maintenance - Rock Salt Section 23-00000-05-GM 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 2023 Patrol 1 Maintenance - Rock Salt Section 23-00000-05-GM 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 arlSt 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. 372 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. 373 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 374 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 375 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 3 376 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 3 377 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 378 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 2 379 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 2 381 382 383 384 385 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. 387 388 389 390 391 392 393 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. 398 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