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HomeMy WebLinkAboutPacket - 5/1/2023 - City CouncilAGENDA REGULAR CITY COUNCIL MEETING Monday, May 1, 2023, 7:00 p.m. City Council Chamber, 333 S Green St, McHenry, IL 60050 1.Call to Order. 2.Roll Call. 3.Pledge of Allegiance 4.Oaths of Office will be administered to the following candidates elected in the April 4, 2023 Election: Alderman Ward 2 Andy Glab; Alderwoman Ward 4 Ch ris Bassi; Alderman Ward 6 Mike Koch; Alderwoman Ward 7 Sue Miller. 5.Public Comments. 6.Consent Agenda. Motion to Approve the following Consent Agenda Items as presented: A.Proclamation identifying May 21-27, 2023 as National Safe Boating Week in the City of McHenry. (Deputy City Clerk Johnson) B.Ordinance amending Title 4, Chapter 6: Video Gaming Terminals, Section 4-6-6: Fees for Video Gaming Terminals. (Deputy City Clerk Johnson) C.Ordinance amending Title 15: Fines and Penalties of the McHenry City Code and Amending Various Sections of the Code relating to Fines and Penalties of the McHenry City Code (Deputy City Clerk Johnson) D.Award of bid for the 2023 Hydrant Painting Program contract to GO Painters, Inc. of Maywood, Illinois in the amount of $33,150.00. (Public Works Director Strange) E.Award of bid for the 2023 Thermoplastic Pavement Marking contract to Maintenance Coating Company in the amount of $72,231.35. (Public Works Director Strange) F.Award of bid for the City Hall Parking Lot Rehabilitation Project contract to Maneval Construction Company in the amount of $406,365.65 and a construction contingency in the amount of $40,636.57. (Public Works Director Strange) G.Task Order for Phase III Engineering Services for the City Hall Parking Lot Rehabilitation Project to HR Green, Inc. in the amount of $20,488.00. (Public Works Director Strange) 1 H. Task Order for a Phosphorus Feasibility Study to HR Green, Inc. in the amount of $49,630,00. (Public Works Director Strange) I. Waiver of competitive bidding and acceptance and execution of proposal for the replacement of the electrical panel and pump controls at the Millstream Sanitary Lift Station from Associated Electrical Contractors, LLC in the amount of $91,918.00. (Public Works Director Strange) J. Waiver of competitive bidding and acceptance and execution of proposal to furnish and install two new stainless steel Weir gates on the 1.0 MGD Oxidation Ditch at the Wastewater Treatment Plant to Sabel Mechanical, LLC. in the amount of $41,900.00. (Public Works Director Strange) K. Preliminary Engineering Services Agreement for Federal Participation for the Oakwood Drive Bridge Replacement project with Baxter & Woodman, Inc. in the amount of $167,881.00 ; the Local Agency Agreement for Federal Participation; authorize the Mayor to approve any future revisions as requested by IDOT; and, authorization to proceed at risk for engineering funding through Section 1440 Authority. (Public Works Director Strange) L. Supplemental Resolution for Improvement (BLR09110) authorizing the use of State Motor Fuel Tax Funds in the amount of $321,002.80 for construction costs related to the Pearl Street and Lincoln Road Project. (Public Works Director Strange) M. Intergovernmental Agreement with the Illinois State Water Survey for use of McHenry Well #13 as a monitoring well for the State of Illinois. (Public Works Director Strange) N. Intergovernmental Agreement between McHenry, McHenry County, Algonquin, Lake in the Hills, and Cary for the establishment of a new multi-jurisdictional law enforcement training facility. (Police Chief Birk) O. Parks & Recreation Facilities & Special Use Permit Requests; P. April 17, 2023 City Council Meeting Minutes; Q. Issuance of Checks in the amount of $$631,906.05. 7. Individual Action Item Agenda A. Motion to approve an Ordinance authorizing the purchase of vacant land at 3931 W. Main St. for use to improve storm sewer drainage and rehabilitation for public access in the amount of $40,000 and authorize the Mayor, Clerk and City Attorney to sign all necessary documents to close this transaction. (Public Works Director Strange) B. Motion to approve a Façade Grant Application for the property located at 2902 W. Illinois Route 120 in the amount of $15,526.00. (Economic Development Director Martin) 8. Discussion Item Agenda. 9. Staff Reports. 2 Staff reports are provided the first meeting of each month. 10.Mayor’s Report. 11.City Council Comments. 12.Executive Session as needed. 13.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/83395273945 3 NATIONAL SAFE BOATING WEEK PROCLAMATION For nearly 90 million Americans, boating continues to be a popular recreational activity. From coast to coast, and everywhere in between, people are taking to the water and enjoying time together boating, sailing, paddling, and fishing. During National Safe Boating Week, we want to bring special attention to this pastime and remind recreational boaters of a few tips to ensure that they and their loved ones are safe and responsible while exploring our nation’s waterways. Proper planning for a day of boating begins even before leaving the home. Getting a free vessel safety check and taking a safe boating course at the beginning of the boating season, filing a float plan with a trusted family member or friend, and checking the weather before boating are key steps to an enjoyable time boating. Every boater should wear a U.S. Coast Guard-approved life jacket at all times while boating. Drowning remains the number one cause of death for recreational boaters each year, and the majority of drowning victims in recreational boating accidents are not wearing a life jacket. Safe and responsible boating includes never operating a boat while under the influence of drugs or alcohol and knowing basic navigation rules. Year-round, people continue to enjoy all that our natural environment has to offer through the joy of boating. National Safe Boating Week is observed to bring attention to important life-saving tips for recreational boaters so that they can have a safer, more fun experience out on the water. Whereas, on average, 670 people die each year in boating-related accidents in the U.S.; approximately three-fourths of these are fatalities caused by drowning; and Whereas, the vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment, or environmental factors; and Whereas, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and Whereas, today’s life jackets are more comfortable, more attractive, and more wearable than styles of years past. Therefore, I, Mayor Wayne Jett, do hereby support the goals of the North American Safe Boating Campaign (Wear It!) and proclaim May 21-27, 2023 as National Safe Boating Week and the start of the year-round effort to promote safe boating. In Witness Thereof, I urge all those who boat to “Wear It!” and practice safe boating habits. Given under my signature and the seal of the City of McHerny this 1st day of May, 2023. Wayne Jett Mayor 4 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 1, 2023 TO: Mayor and City Council FROM: Monte Johnson RE: Video Gaming Fee Ordinance Wording Change AGENDA ITEM SUMMARY: To make it easy for people to find their gaming fees, a slight change in the wor ding to the video gaming fees is requested. The new ordinance spells out the cost for each business (and terminal operator) based on the number of terminals. The past ordinance had a small calculation required. This will make it easier on businesses to see exactly what is owed and will cause less confusion. This language also makes it plain to see that ter minal operators owe exactly half of all of the fees. There is absolutely no change to the cost of fees for video gaming. This is only a change in the wa y the ordinance is worded. RECOMMENDATION: Therefore, if Council concurs, it is recommended t o pass an ordinance Amending Title 4, Chapter 6: Video Gaming Terminals, Section 4-6-6: Fees for Video Gaming Terminals 5 ORDINANCE NO. 23- Amending Title 4, Chapter 6: Video Gaming Terminals, Section 4-6-6: Fees for Video Gaming Terminals 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 -6-6, of the Municipal Cod e , shall be amended as follows : 4-6-6: FEES FOR VIDEO GAMING TERMINALS: The annual license fee payable to the City shall be as follows: 1 terminal = $2,000; 2 terminals = $3,000; 3 terminals = $4,000; 4 terminals = $5,000; 5 terminals = $6,000; 6 terminals = $7,000. The fees for terminals at any not-for-profit establishment shall be as follows: 1 terminal = $500; 2 terminals = $750; 3 terminals = $1,000; 4 terminals = $1,250; 5 terminals = $1,500; 6 terminals = $1,750. The cost of all fees shall be shared equally between the terminal operator and the video gaming establishment. Fees for licenses revoked or relinquished in the middle of the license year shall not be refunded. All renewal license fees shall be submitted and paid prior to May 1 of each year as licenses are effective from May 1 through the following April 30. 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 effect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 1st day of May 2023. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 6 Monte Johnson Deputy City Cle rk 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 highes t quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. CONSENT AGENDA ITEM DATE: May 1, 2023 TO: Mayor and City Council FROM: Monte Johnson RE: Ordinance for changes to Fines and Penalties ATT; Ordinance AGENDA ITEM SUMMARY: On June 20, 2022, an ordinance was passed that consolidated the fines a nd fees listed in the City Code. As we prepare to move forward with our new adjudication court software, small changes need to be made to the wording of the ordinance. Certain offenses are must appear, where offenders must appear in court, and the fine cannot be paid early. Certain offenses can be paid early, and a discount is g iven for those fines paid within 10 days of issuance of the ticket. The wording changes to the ordinance align with what we need to do so we can stay compliant with State statutes and also work properly with the new adjudication court software. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to pass an Ordinance Amending Title 15: Fines and Penalties 7 ORDINANCE NO. 23- Amending Title 15: Fines and Penalties, and Amending Various Sections of the Code relating to Fines and Penalties of the McHenry City Code 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: The McHenry Municipal Code is hereby amended as follows : Title 15: Fines and Penalties Chapter 1: Fines and Penalties 15-1-1: Any person, firm or corporation violating the following described offenses shall be fined according to the following table . Any person, firm, or corporation violating the following described offenses shall be fined according to the following table. Certain offenses may be s ettled and compromised by the offender if paid within ten (10) days of being issued the ticket. Column A lists the fine for each offense and column B is the settlement amount if pai d within ten (10) days of being issued. Certain offenses may not be set tled prior to court and the offender must appear in court. Those are noted in column B. (No changes to the table in 15 -1-1) SECTION 2: Section 7-11-4: Parking Penalty , shall be amended as follows: 7-11-4: Parking Penalty : Parking penalties shall be fined according to the Fines and Penalties found in Title 15, Chapter1: Fines and Penalties. SECTION 3: Section 15_2-1: Table of Parking Fines, shall be amended as follows: Section Offense Fine 7-4-9, 7-4-10 No parking anytime 25.00 8 7-4-11, 7-4-12, 7-4-13, 7-4-14, 7-4-15, 7-4-17, 7- 4-19, 7-4-20, 7-4-21 Overtime parking 25.00 7-4-22 Loading zone 7-4-23 School bus loading zone 25.00 7-4-24 15 minute parking zone 25.00 7-4-27A Daily/season pass 50.00 7-4-27B Overtime parking 50.00 625 ILCS 5/11-209(h) Parking, fire lane 100.00 625 ILCS 5/11-1301.3 Parking, disabilities 250.00 625 ILCS 5/11-1303(a) and (b) Parking, fire hydrant 100.00 Any other parking violation not listed above 25.00 Any parking fine not paid prior to adjudication court will incur an additional $75.00 adjudication administrative fee. SECTION 4: 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 5: All ordinances, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 1st day of May, 2023. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 9 CONSENT AGENDA SUPPLEMENT DATE: May 1, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: 2023 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 2023 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 the maintenance of hydrants to address weathering and corrosion issues as well as maintain their visibility for quick access by the local Fire Department. 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). In 2022, the City of McHenry led 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. 10 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 at 2023 (Year 2) unit price are listed below: •GO Painters, Inc.$33,150.00 ($102.00/Hydrant) •Muscat Painting and Decorating $36,705.50 ($112.94/Hydrant) RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve the bid award for the 2023 Hydrant Painting Program contract to GO Painters, Inc. of Maywood, Illinois in the amount of $33,150.00 (actual amount may vary based on final measured quantities). This program will be funded through the Water Division Contractual Account (510-31-5110). 11 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 12 AGREEMENT ACCEPTANCE 2023 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 1st day of May, 2023. 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: ________________________________ President Jorge Oceguera 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 CONSENT AGENDA SUPPLEMENT DATE: May 1, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Public Works Director Steve Wirch, Field Operations Manager RE: 2023 Thermoplastic Pavement Marking Program ATT: McHenry County Bid Tabulation Contract For Execution ______________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding a contract to Maintenance Coating Company for the 2023 City of McHenry Thermoplastic Pavement Marking Program. BACKGROUND: On an annual basis, the Public Works Department completes 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 March 14, 2023. ANALYSIS: Sealed bids for the 2023 Thermoplastic Pavement Marking Program were received on March 14, 2023. The City of McHenry Tabulation based upon quantities awarded under this contract yields the following results: •Maintenance Coating Company $72,231.35 Five prospective bidders submitted pricing on this proposal. Pricing is the anticipated amount that was budgeted for in the FY 23/24 Budget. Therefore, it is recommended that the City Council authorize staff to proceed with the awarding of this contract. 41 RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve the bid award for the 2023 Thermoplastic Pavement Marking contract to Maintenance Coating Company in an amount of $72,231.35 (actual amount may vary based on final measured quantities). This project will be funded through the Street Division Contractual Account (100-33-5110). 42 Item Engineer's Estimate No.Items Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Thermo Pvt Mkgs-Line 4"ft 211,067 $0.62 $130,861.54 $0.85 $179,406.95 $0.80 $168,853.60 $0.70 $147,746.90 Thermo Pvt Mkgs-Line 6"ft 25,611 $0.80 $20,488.80 $1.45 $37,135.95 $1.30 $33,294.30 $1.40 $35,855.40 Thermo Pvt Mkgs-Line 8"ft 4,274 $1.20 $5,128.80 $3.23 $13,805.02 $1.50 $6,411.00 $2.10 $8,975.40 Thermo Pvt Mkgs-Line 12"ft 13,844 $1.70 $23,534.80 $5.99 $82,925.56 $2.00 $27,688.00 $2.80 $38,763.20 Thermo Pvt Mkgs-Line 24"ft 5,864 $4.25 $24,922.00 $7.00 $41,048.00 $5.00 $29,320.00 $4.90 $28,733.60 Thermo Pvt Mkgs-Letters & Symbols sq ft 8,774.9 $4.25 $37,293.33 $8.00 $70,199.20 $5.00 $43,874.50 $4.90 $42,997.01 Pvt Mkg-Removal sq ft 142,703.0 $0.75 $107,027.25 $0.60 $85,621.80 $0.35 $49,946.05 $0.35 $49,946.05 TOTAL $349,256.52 $510,142.48 $359,387.45 $353,017.56 Item Engineer's Estimate No.Items Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Thermo Pvt Mkgs-Line 4"ft 211,067 $0.62 $130,861.54 $0.76 $160,410.92 $0.60 $126,640.20 Thermo Pvt Mkgs-Line 6"ft 25,611 $0.80 $20,488.80 $1.18 $30,220.98 $1.10 $28,172.10 Thermo Pvt Mkgs-Line 8"ft 4,274 $1.20 $5,128.80 $1.80 $7,693.20 $1.60 $6,838.40 Thermo Pvt Mkgs-Line 12"ft 13,844 $1.70 $23,534.80 $3.25 $44,993.00 $2.50 $34,610.00 Thermo Pvt Mkgs-Line 24"ft 5,864 $4.25 $24,922.00 $7.00 $41,048.00 $5.00 $29,320.00 Thermo Pvt Mkgs-Letters & Symbols sq ft 8,774.9 $4.25 $37,293.33 $7.00 $61,424.30 $5.00 $43,874.50 Pvt Mkg-Removal sq ft 142,703.0 $0.75 $107,027.25 $0.72 $102,746.16 $0.33 $47,091.99 TOTAL $349,256.52 $448,536.56 $316,547.19 Low Bid Bidders Precision Pavement Markings, Inc. 1220 Bell Court Pingree Grove, IL 60140 Superior Road Striping, Inc. 1980 N. Hawthorne Ave Melrose Park, IL 60160 AC Pavement Striping Co. 695 Church Rd Elgin, IL 60123 Maintenance Coastings Company 543 Woodbury Street South Elgin, IL 60177 Countryman, Inc 1222 Buchanan St Rockford, IL 61101 Countryman, Inc. McHenry County Division of Transportation Bid Tabulation 23-00000-05-GM Thermoplastic Pavement Markings: Group 1 - Thermoplastic Pavement Markings 3/14/2023 @ 10:00 AM AC Pavement Striping Co.Maintenance Coatings Company Precision Pavement Markings, Inc.Superior Road Striping, Inc. McHenry County Division of Transportation Page 1 of 3 3/14/2023 Thermoplastic Pvt Markings Bid Tab 2023.xls43 . Item Engineer's Estimate No.Items Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Hot Spray Thermplastic Pvt Mkg - Line 4"ft 222,461 $0.25 $55,615.25 $0.28 $62,289.08 $0.40 $88,984.40 Hot Spray Thermplastic Pvt Mkg - Line 6"ft 55,170 $0.40 $22,068.00 $0.48 $26,481.60 $0.55 $30,343.50 TOTAL $77,683.25 $88,770.68 $119,327.90 Item Engineer's Estimate No.Items Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Hot Spray Thermplastic Pvt Mkg - Line 4"ft 222,461 $0.25 $55,615.25 $0.28 $62,289.08 $0.50 $111,230.50 Hot Spray Thermplastic Pvt Mkg - Line 6"ft 55,170 $0.40 $22,068.00 $0.45 $24,826.50 $0.87 $47,997.90 TOTAL $77,683.25 $87,115.58 $159,228.40 Low Bid Bidders Precision Pavement Markings, Inc. 1220 Bell Court Pingree Grove, IL 60140 Superior Road Striping, Inc. 1980 N. Hawthorne Ave Melrose Park, IL 60160 AC Pavement Striping Co. 695 Church Rd Elgin, IL 60123 Maintenance Coastings Company 543 Woodbury Street South Elgin, IL 60177 Maintenance Coatings Company Marking Specialists Corp. Precision Pavement Markings, Inc.Superior Road Striping, Inc. McHenry County Division of Transportation Bid Tabulation 23-00000-05-GM Thermoplastic Pavement Markings: Group 2 - Hot Spray Thermoplastic Pavement Markings 3/14/2023 @ 10:00 AM McHenry County Division of Transportation Page 2 of 3 3/14/2023 Thermoplastic Pvt Markings Bid Tab 2023.xls44 Item Engineer's Estimate No.Items Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Modified Urethane Pvt Mkgs - Line 4"ft 12,327 $1.50 $18,490.50 $2.85 $35,131.95 $1.30 $16,025.10 Modified Urethane Pvt Mkgs - Line 6"ft 1,711 $2.50 $4,277.50 $3.08 $5,269.88 $1.60 $2,737.60 Modified Urethane Pvt Mkgs - Line 8"ft 513 $3.00 $1,539.00 $3.23 $1,656.99 $2.00 $1,026.00 Modified Urethane Pvt Mkgs - Line 12"ft 342 $5.00 $1,710.00 $5.99 $2,048.58 $4.00 $1,368.00 Modified Urethane Pvt Mkgs - Line 24"ft 501 $9.00 $4,509.00 $11.25 $5,636.25 $8.00 $4,008.00 Modified Urethane Pvt Mkgs - Ltrs & Sym sq ft 322.4 $9.00 $2,901.60 $11.00 $3,546.40 $7.00 $2,256.80 TOTAL $33,427.60 $53,290.05 $27,421.50 Item Engineer's Estimate No.Items Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Modified Urethane Pvt Mkgs - Line 4"ft 12,327 $1.50 $18,490.50 $1.90 $23,421.30 $1.15 $14,176.05 Modified Urethane Pvt Mkgs - Line 6"ft 1,711 $2.50 $4,277.50 $3.00 $5,133.00 $1.20 $2,053.20 Modified Urethane Pvt Mkgs - Line 8"ft 513 $3.00 $1,539.00 $4.00 $2,052.00 $2.00 $1,026.00 Modified Urethane Pvt Mkgs - Line 12"ft 342 $5.00 $1,710.00 $6.00 $2,052.00 $3.00 $1,026.00 Modified Urethane Pvt Mkgs - Line 24"ft 501 $9.00 $4,509.00 $12.00 $6,012.00 $6.00 $3,006.00 Modified Urethane Pvt Mkgs - Ltrs & Sym sq ft 322.4 $9.00 $2,901.60 $12.00 $3,868.80 $6.00 $1,934.40 TOTAL $33,427.60 $42,539.10 $23,221.65 Low Bid Bidders Precision Pavement Markings, Inc. 1220 Bell Court Pingree Grove, IL 60140 Superior Road Striping, Inc. 1980 N. Hawthorne Ave Melrose Park, IL 60160 AC Pavement Striping Co. 695 Church Rd Elgin, IL 60123 Maintenance Coastings Company 543 Woodbury Street South Elgin, IL 60177 AC Pavement Striping Co.Maintenance Coatings Company McHenry County Division of Transportation Bid Tabulation 23-00000-05-GM Thermoplastic Pavement Markings: Group 3 - Urethane Pavement Markings 3/14/2023 @ 10:00 AM Precision Pavement Markings Superior Road Striping, Inc. McHenry County Division of Transportation Page 3 of 3 3/14/2023 Thermoplastic Pvt Markings Bid Tab 2023.xls45 1 CITY OF MCHENRY PURCHASE ORDER - CONSTRUCTION (Small Projects) Date: May 1 , 2023 Purchase Order No.___________________________________________ Project: 2023 City of McHenry Thermoplastic Pavement Marking Program Location: Various Owner Contractor/Vendor Architect/Engineer City of McHenry Public Works Dept. 1415 Industrial Driv e McHenry, Illinois 60050 Phone: (815) 363 -2186 Fax: (8 15) 363-2 214 Contact: Troy Strange Public Works Director Maintenance Coatings Co mpany 543 Woodbury Street South Elgin , I llinois 601 77 Phone: (847) 622 -0020 Contact: Phone: Fax: Contact: COST OF WORK The Contract Price of the Work under this Purchase Order is $72,231.35 . SCOPE OF WORK: Furnish the Work/items described below in accordance with the following plans and specifications: Q Genera l Contract, dated _________, 20__ Q Specification No(s): ___________________, d ated ______, 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 59,923 3,964 928 958 582 66,355 LF LF LF LF SF SF THPL PAVEMENT MARKING LINE 4 ” THPL PAVEMENT MARKING LINE 6 ” THPL PAVEMENT MARKING LINE 12” THPL PAVEMENT MARKING LINE 24” THPL PAVEMENT MARKING L&S PAVEMENT MARKING REMOVAL $0.60 $1.10 $2.50 $5.00 $5.00 $0.33 $35.953.80 $4,360.40 $2,320 .00 $4,790.00 $2,910.00 $21,897.15 TOTAL $72,231.35 NOTES: 1)________________________________________________________________________________________________________________ 2)________________________________________________________________________________________________________________ WARRANTIES and INDEMNIFICATION Contractor/Vendor agrees to provide the following warranties fo r 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 agree s to complete the Work no later than October 15, 202 3 . THE TERMS OF THIS PURCHASE ORDER AND THE ATTACHED SUPPLEMENTAL CONDITIONS ARE T HE 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 c ertifications/test reports required. All domestic material, unless otherwise specified. Purchase exempt from sales and/or use taxes. 46 2 ACCEPTANCE OF PURCHASE ORDER The parties, for themselves, their heirs, executors, administrators, successors and ass igns, do hereby agree to the full performance of all terms and provisions here in 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 au thorized 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 oth er response hereto states terms additional to or different from those set fort h herein, this Purchase Order shall be deemed a notice of objection to such additional or different terms and rejection t hereof. 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 wit hin ten (10) days from its date of issue. 2. Amendment, Modification or Substitution: This Purchase Order contains the entire agree ment 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 p roposed Work and is familiar with the conditions surround ing 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 equi pped, organized and financed to handle such work. Contractor/Vendor shall finance its own operations hereunder, shall ope rate as an independent contractor and not as the agent of Owner, and shall hold Owner free and harmless from all liability, costs and c harges 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 nea t, 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 ord ered by Owner in writing. All Work and/or materials shall be subject to the inspection and approval of the Owner, its engineers and re presentatives. Contractor/Vendor is responsible for its own and its employees’ activities on the jobsite, including but not limited to, the methods of work performance, superint endence, sequencing of work, and safety in, on or about the jobsite area in wh ich 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 authori ty 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 wr iting within 30 days of the alleged act or failure to act and approved by Owner, provided, however, that if the Contractor/Vendor shoul d 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. 47 3 6.Inspection and Acceptance : Owner shall have the right at all reasonable times to inspect and test all goods, materia ls 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, materia l and Work furnished thereunder are subject to final insp ection and acceptance by Owner at its job site. If, after inspection, Owner re jects any goods furnish by Contractor/Vendor thereunder, Owner may, at its election, return those goods to Contractor/Ven dor 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 b y purchase or manufacture and charge the cost incurred th ereby to Contractor/Vendor or terminate this Purchase Order for default in acc ordance with paragraph 12 herein. By inspecting and not rejecting any goods and Work furnished thereunder, Owner shall no t be precluded thereby from subsequently revoking its acc eptance 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 respon sibility 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 sha ll 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 a t the expense of Contractor/Vendor, it being understood t hat the risk of loss with respect to such goods is with Contractor/Vendor unti l such goods come into the actual possession of Owner, regardless of the mode of delivery or earlier passage of title. T his project is tax exempt. The Owner’s tax -exempt number is E_______________________________. 8.Payment: Owner will make partial pa yments to the Contractor/Vendor from time to time for the Work performed and the materials furnished by the Contractor/Ve ndor. 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, t he Contractor/Vendor shall furnish to the Owner (in a form suitable to the Owner) an application for the payment then due, together wit h receipts, waivers of claim and other evidence showing the Contractor/Vendor’s payments for materials, labor and other e xpense 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 t en percent (10%) so withheld will not be paid to the Contractor/Vendor until the Owner has issued to the Contractor/Vendor a final acce ptance of the Project. 8 .2 Owner may withhold the whole or any part of any payment due to the Contractor/Vendor to the e xtent necessary to protect and indemnify the Owner from loss on account of (a) defective Work not remedied; (b) claims filed or reasona ble evidence indicating probable filing of claims; (c) failure of the Contractor/Vendor to make payments promptly for mat erial 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/Vendo r under this Agreement for all amounts owing from the Con tractor/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/Vendo r or through failure of the Contractor/Vendor to act as m ay be otherwise detailed herein; (c) materialmen; (d) subcontractors; (e) labo rers; and (f) others for services and materials furnished to the Contractor/Vendor for the Work performed under this Agre ement, 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 a ltering, 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 a ny form as the Owner may direct, a correct account of the net cost of any extra labor and materials, together with vouche rs referring to the same. 8 .5 Notwithstanding the payment in full for the Work hereunder, the Contractor/Vendor will be liable to repa ir or replace any imperfect workmanship or other faults; and if the Contractor/Vendor fails to repair or replace the impe rfect workmanship or other faults, the Owner may do the Work and recover from the Contractor/Vendor the cost and expense thereof. No p ayment 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 materia ls 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 workman ship; (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 spe cified 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 th e Contract Documents, from the date any such goods, materials or Work hereunde r is accepted in writing by Owner. Contractor/Vendor expressly agrees that the statute of limitations with respect to Co ntractor/Vendor’s warranties shall begin to run on the da te of acceptance by Owner. 48 4 10.Insurance and Bonds: Contractor/Vendor shall at all times maintain business automobile, commercial liability and workers compensation insurance covering its work an d all obligations under this Purchase Order, and shall na me the Owner as an additional insured on its commercial liability insurance po licies for Contractor/Vendor operations under this Purchase Order. Liability insurance limits shall be in an amount suff icient to protect the Owner’s interests as they may appea r 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 pe rformance 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 performan ce 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, su ccessors 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 ex penses (collectively “Loss”) arising out of injury to, in cluding 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 e quipment, 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 up on or with respect to (a) the payment of compensation to any individual employed by Contractor/Vendor; (b) any discrimination against a ny individual employed by Contractor/Vendor on the basis of race, color, religion, sex, national origin or physical or me ntal handicap; (c) the protection of purchasers and users of consumer products; or (d) occupational safety and health. 11.2 I n any and all claims against Owner or any of its agents or employees, by any employee of Contractor/Vendor, the indemnification o bligation under this paragraph shall not be limited by an y 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 defe nses available to Contractor/Vendor as an employer which limit the amount of Contractor/Vendor’s liability to Owner to th e amount of Contractor/Vendor’s liability under any worke rs 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 vali d 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 possess ion, use or sale of any goods furnished thereunder is enj oined because of patent infringement. Contractor/Vendor within a reasonable a mount 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 a ny 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 Contract or/Vendor fails to perform or so fails to make progress as to endanger perform ance thereunder, and in either circumstance does not cure such failure within a period of two (2) days after receipt of n otice from Owner specifying such failure. Owner, by writ ten notice to Contractor/Vendor, may cancel the whole or any part of this Purc hase 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 d elivered 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 consequen tial 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 result ing there from, including all consequential damages but not limited to the cost or expense of inspection, testing, remova l, replacement, re-installation, destruction of other materials resulting there from, any increased cost or expense to Owner in its per formance under contracts with others, and reasonable attorneys fees incurred by the Owner in connection with Vendor’s def ault and Owner’s enforcement of its rights under this Pur chase Order. The foregoing remedies shall be available in addition to all oth er remedies available to Owner in equity or at law including the Uniform Commercial Code. 49 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 St ates 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, no n -discrimination laws, employment of Illinois workers, labor, wage and collect ive bargaining. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Contractor/Vendor’s compliance with a ny Laws or Regulations. 16. Notices: All notices, demands, requests or othe r communications which may be or are required to be given, served, or sent by any party to any other party pursuant to th is Purchase Order shall be in writing and shall be hand d elivered, 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 unde r this Purchase Order, at such times as Owner may reasonably request, making f ull disclosure of efforts made by Contractor/Vendor and the results thereof. Contractor/Vendor agrees to maintain record s, documents, and other evidence which will accurately sh ow the time spent and Work performed under this Purchase Order for a minimum p eriod of five (5) years after completion of the Work, and such records shall be subject to audit by the Owner upon reason able 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 up on reasonable notice to Contractor/Vendor. 19. Waiver: Either party’s failure to insist in any one or more instances, upon the stric t performance of any provision hereof or to exercise any right hereunder shall not be deemed to be a waiver or relinquish ment 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 provi sions and the sufficiency of any performance thereunder shall be determined un der the laws of Illinois. Venue shall be in McHenry County, Illinois. The Owner is entitled to recover its reasonable a ttorneys’ fees incurred in enforcing the terms of this Pu rchase Order. If any provision or requirement of this Purchase Order is decla red or found to be unenforceable that balance of this Purchase Order shall be interpreted and enforced as if the unenforc eable 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 t ake place at City of McHenry City Hall. CONTRACTOR/VENDOR: _____________________________________________________________ ____________________________________ Date 50 CONSENT AGENDA SUPPLEMENT DATE: May 1, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: City Hall Parking Lot Rehabilitation ATT: Bid Tabulation HR Green, Inc., Recommendation to Award AGENDA ITEM SUMMARY: Staff requests that the City Council consider awarding a contract for the City Hall Parking Lot Rehabilitation Project to Maneval Construction Company of Ingleside, Illinois. BACKGROUND: The Fiscal Year 2023/2024 ComEd Utility Tax Capital Budget includes $5 50,000 in funding for construction of the City Hall Parking Lot Rehabilitation. The parking lot is original to the construction of City Hall and is due for rehabilitation. The project includes a minor reconfiguration of the northern edge of the parking lot to improve Police access and to add parking spots. Because of the minor reconfiguration City staff selected a design consultant in Spring of 2022 for the project. HR Green, Inc. completed design services over the course of Fiscal Year 2022/2023 to have the project ready for bidding in March of this year which will allow for construction to commence in May of this year. Design work was completed this winter and final plans were delivered to staff in February. The project was released for bidding in March. The scope of the project includes full pavement removal, base preparation, curb repairs, reconstruction of ADA accessibility ramps, replacement of all brick entrance pavers, asphalt resurfacing, landscape restoration, pavement markings, and other necessary and incidental work. The project plans include a construction staging plan which will allow for acceptable access to City Hall during all stages of construction. 51 On March 31, 2023, a total of five (5) bids were received for the project. A summary of the bids is as follows: Chicagoland Paving $485,000.00 Everlast Blacktop, Inc. $430,373.96 Maneval Construction Company $406,365.65 Peter Baker and Son Company $553,805.62 Schroeder Asphalt Services $477,210.61 After a detailed review of the bids and line items, staff has concluded that Maneval Construction Company of Ingleside, Illinois is the lowest responsible bidder with a bid of $406,365.65. ANALYSIS: Staff has analyzed and checked the bids for accuracy and recommends awarding the contract to Maneval Construction Company of Ingleside, Illinois. This is a unit price contract, and the final cost of construction will be based upon final measured and documented quantities. RECOMMENDATION: Therefore, if Council concurs, it is recommended to award a contract for the City Hall Parking Lot Rehabilitation Project to Maneval Construction Company of Ingleside, Illinois in the amount of $406,365.65. It is further recommended to approve a construction contingency in the amount of ten percent (10%) of the awarded contract price ($40,636.57). The final contract price will be based on final measured quantities and may vary from the original contract amount. 52 1391 Corporate Drive | Suite 203 | McHenry, IL 60050 Main 815.385.1778 + Fax 815.385.1781 HRGREEN.COM April 4, 2023 Troy Strange, P.E. Director of Public Works City of McHenry 1415 Industrial Drive McHenry, IL 60050 RE: McHenry City Hall Parking Lot Rehabilitation Recommendation of Award - HR Green Job No. 220624 Dear Mayor and City Council: The City of McHenry received five (5) bid proposals for the City Hall Parking Lot Rehabilitation Project at the bid opening held on March 31, 2023. The five (5) bids ranged in price from a low bid of $407,121.65 submitted by Maneval Construction Company to a high bid of $553,805.62 submitted by Peter Baker and Son Company. These bids represent competitive pricing for work of this nature. The engineering estimate for this project was $376,866.86. After reviewing the bidding documents, HR Green has found Maneval Construction Co. to be the lowest qualified bidder. The bid tabs are attached for reference. At this time, HR Green recommends award of the contract to Maneval Construction Co. in the amount of $407,121.65. Please let me know if you have any questions or need any additional information. Sincerely, HR GREEN, INC. Chad J. Pieper, P.E. Project Manager CJP/ attachment cc: Tim Hauser – HR Green J:\2022\220624\Design\Bid\ltr-040423-City_Hall_Parking Lot_Rec of Award.docx 53 Tabulation of BidsCity Hall Parking Lot Rehabilitation1 TREE REMOVAL (6 TO 15 UNITS DIAMETER) 262 TOPSOIL FURNISH AND PLACE, 6" 693 SEEDING, CLASS 1A 0.0154 NITROGEN FERT NUTR 25 PHOSPHORUS FERT NUTR 26 POTASSIUM FERT NUTR 27 EROSION CONTROL BLANKET 698 MULCH METHOD 1, 4" 69 EARTH EXCAVATION 96.010 INLET FILTERS511 HOT MIX ASPHALT REMOVAL FULL DEPTH 768412 AGGREGATE BASE COURSE 8" 19113 AGGREGATE BASE COURSE R&R 8" 38414 SIDEWALK REMOVAL 143115 CONCRETE BARRIER CURB REMOVAL 12616 HMA BC IL 19.0 N50104517 HMA SC D N7062718 PREPARATION OF BASE 786919 BITUMINOUS MATERIALS (PRIME COAT)1770520 BITUMINOUS MATERIALS (TACK COAT)177121 AGGREGATE BASE (CA6 100% CRUSHED) 4"10822 PCC SIDEWALK 6"143123 CONCRETE BARRIER CURB36824 DETECTABLE WARNINGS5225 PCC CONCRETE SLAB 6"7526 CONCRETE PAVERS, HOLLAND PREMIER246527 PAVER REMOVAL249828 SHOTCRETE CURB REPAIRS95029 HANDICAP PARKING SIGN (R7-8)630 STOP SIGN (R1-1)131 NO PARKING SIGN (AR-211)132 STEEL SIGN SUPPORT633 REMOVE AND RELOCATE SIGN AND POST434 TEMPORARY OVERFLOW PARKING SIGN135 TEMPORARY AUTHORIZED VEHICLE SIGN136 FRAMES AND LIDS TO BE ADJUSTED537 THERMOPLASTIC PAVEMENT MARKING - LINE 24"6038 THERMOPLASTIC PAVEMENT MARKING - LETTERS AND SYMBOLS4039 THERMOPLASTIC PAVEMENT MARKING - LINE 4"236040 EROSION CONTROL COIR LOG2041 WASHOUT BASIN142 MOBILIZATION143 TRAFFIC CONTROL & PROTECTION1Peter Baker & Son. Co.Local Public Agency: City of McHenryTime : 11:00 AMAddress of Bidder: 225 Telser Road1349 Rockland RoadCounty: McHenryDate: 3/31/2023Name of Bidder: Chicagoland Paving Contractors, Inc.Proposal Guarantee: Bid BondBid BondLOW BIDDERTerms:PO Box 187Estimate:30.0000 Unit Price TotalUnit Price TotalTotal Unit PriceApproved Engineer's EstimateItem No. Item Unit Quantity Unit Price TotalTotal90.0000 2,340.00$UNIT376,866.86$ Lake Bluff, IL 60044Project:Lake Zurich, IL 600470.1100 7.59$ 5,000.0000 2,457.00$25.0000 1,725.00$10.0000 690.00$780.00$50.0000 1,300.00$94.5000 30.0000 780.00$35.0000 2,415.00$12.6000 869.40$1,575.00$20.0000 40.00$ 10.0000 20.00$ 75.00$ 10,000.0000 150.00$105,000.0000 52.5000 105.00$10,000.0000 150.00$10.0000 20.00$ 1.0500 3,990.0000 59.85$ 2.10$ 20.0000 40.00$ 10.0000 20.00$ 40.00$ 10.0000 20.00$ 1.0500 10.0000 20.00$ 2.10$ 52.5000 105.00$52.5000 105.00$2.10$ 20.0000 10.0000 20.00$ 58.8000 1.0500 23.1000 690.00$4.7500 1,250.00$13,440.00$11.0000 4,224.00$35.0000 51.6000 25.0000 36,499.00$7.5000 1.5000 1.2500 5.0000 21,638.40$40.0000 724.50$20.0000 7,360.00$28.2500 10,396.00$345.00$10.0000 690.00$10.5000 1,664.00$42.0000 30.0000 1,560.00$55.0000 20,240.00$250.0000 600.00$2,862.00$108,680.00$ 10.5000 724.50$10.0000 2,080.00$32.0000 2,184.00$36,358.75$17.3300 14.4400 35,594.60$204.7500 1,228.50$10.0000 750.00$23.0000 56,695.00$1.5000 3,747.00$2.8600 7,144.28$3.9400 9,842.12$42,718.45$3,747.00$693.75$51,870.00$100.0000 600.00$150.0000 900.00$3,325.00$115.0000 109,250.00$ 54.6000 32.0000 30,400.00$54.6000 51,870.00$341.2500 2,047.50$1,732.50$15.0000 3.5000 2.0000 4,996.00$1.5000 36,975.00$14.7500 15.0000 1,125.00$9.2500 210.00$250.0000 315.00$100.0000 100.00$150.0000 150.00$100.00$250.0000 250.00$315.0000 341.2500 341.25$200.00$341.2500 341.25$100.0000 200.0000 200.00$150.0000 150.00$300.00$450.0000 450.00$525.0000 341.2500 341.25$300.0000 300.00$157.5000 630.00$300.0000 1,228.50$150.0000 600.00$375.0000 1,500.00$1,500.00$175.0000 1,050.00$204.7500 250.0000 1,500.00$4.00$ 341.2500 2,047.50$341.2500 1,365.00$6.0000 240.00$9.4500 33.6000 1,344.00$40.0000 1,600.00$160.00$1.4200 3,351.20$7.6100 456.60$4.0000 4,500.00$5.0000 300.00$6.0000 360.00$2,500.00$350.0000 1,750.00$900.0000 300.0000 1,500.00$30.0000 1,800.00$500.0000 13,449.00$44,319.00$1.4200 3,351.20$5.0000 0.7500 1,770.00$2.9000 6,844.00$100.00$15.0000 300.00$21.0000 30.0000 600.00$13,449.0000 10,000.0000 5,000.00$63,869.9900 63,869.99$10,000.00$1,000.0000 1,000.00$10,030.00$13.1300 262.60$525.0000 1,575.0000 5,000.0000 2,500.0000 2,500.00$750.0000 750.00$Total Bid:As Read:485,000.00 553,805.62 As Calculated:Everlast Blacktop, Inc.7N540 IL Route 25Elgin, IL 60120Bid BondUnit Price2.0000 4,720.00$1.0000 300.0000 300.00$150.0000 900.00$150.0000 150.00$200.0000 44,319.0000 10,030.0000 1,575.00$420.00$378.00$210.0000 18.0000 1,728.00$480.00$100.0000 600.00$15.7500 94.50$ 200.0000 19,200.00$20.0000 120.00$80.0000 21.0000 400.0000 400.00$26,000.0000 26,000.00$1,500.0000 1,500.00$40.0000 3,840.00$50.0000 4,800.00$60.1800 5,777.28$300.0000 1,500.00$200.0000 1,000.00$120.0000 7.9000 60,703.60$4.0000 30,736.00$4.7900 36,806.36$4.1300 31,734.92$125,400.00$ 100.0000 104,500.00$ 104.0000 120.0000 125.0000 19,814.40$18.0000 6,912.00$28.4400 10,920.96$4,775.00$11.0000 2,101.00$2,217.60$945.00$10.0000 1,260.00$10.0000 1,260.00$5.2000 7,441.20$2,146.50$1.0000 1,431.00$2.0000 17.6000 4,946.90$25.9000 0.0100 177.05$0.0100 177.05$17.71$ 0.0100 177.05$0.0100 17.71$ 0.0100 0.1000 78,375.00$120.0000 75,240.00$110.0000 68,970.00$130.0000 81,510.00$8.0000 1,528.00$12.0000 16.0000 1,728.00$16.0000 1,728.00$5.5000 594.00$6.0000 648.00$14.1600 1,529.28$13.5000 19,318.50$17,172.00$2.0000 15,738.00$9,836.25$1.0000 7,869.00$1.3600 10,701.84$17.71$ 177.05$0.0100 17.71$ 0.0100 0.0100 177.05$0.1000 1,770.50$42.0000 15,456.00$39.9000 2,074.80$19.9500 1,496.25$0.2400 1,888.56$24.1900 4,620.29$Maneval Construction Co.28090 W. Concrete DriveIngleside, IL 60041Bid Bond9.2500 13,236.75$10.0000 14,310.00$12.6000 18,030.60$95.3700 99,661.65$112.1000 70,286.70$8.9100 12,750.21$20.3600 2,565.36$129.8000 649.00$525.00$341.2500 341.25$407.1000 2,035.50$6.5600 393.60$2,950.0000 2,950.00$Schroeder Asphalt Services, Inc.PO Box 831Huntley, IL 60142Bid BondUnit PriceTotal95.0000 2,470.00$16.0000 1,104.00$12.0000 72.00$ 65.0000 6,240.00$16.0000 1,728.00$150.0000 750.00$6.5000 49,946.00$21.2500 1,466.25$34,000.0000 510.00$6.0000 12.00$ 6.0000 12.00$ 6.0000 12.00$ 110.0000 114,950.00$ 126.00$210.00$525.00$210.0000 22.5000 4,297.50$27.2500 10,464.00$5.0000 7,155.00$17.5000 2,205.00$113.0000 118,085.00$ 137.0000 85,899.00$1.0000 7,869.00$0.0100 177.05$0.0100 17.71$ 1,600.0000 1,600.00$13.6000 19,461.60$40.5000 14,904.00$37.0000 1,924.00$17.0000 1,275.00$14.5000 35,742.50$3.5000 8,743.00$60.0000 57,000.00$400.0000 2,400.00$425.0000 425.00$400.0000 400.00$200.0000 1,200.00$375.0000 1,500.00$400.0000 400.00$200.0000 200.00$650.0000 3,250.00$12.0000 720.00$2.5000 100.00$2.1500 5,074.00$20.0000 400.00$10,000.0000 10,000.00$10,000.0000 10,000.00$477,210.61 477,210.61 430,373.96 430,373.96 485,000.00 553,805.62 407,121.65 406,365.65 SQ YDSQ YDSQ YDSQ FTFOOTTONTONSQ YDPOUNDSQ YDACREPOUNDPOUNDPOUNDSQ YDSQ YDCU YDEACHSQ FTFOOTFOOTEACHL SUML SUMEACHEACHEACHEACHEACHEACHEACHEACHFOOTPOUNDSQ YDSQ FTFOOTSQ FTSQ FTSQ FTSQ FTFOOTPrinted  3/31/2023BLR 12315 (Rev. 07/16/13)54 CONSENT AGENDA SUPPLEMENT DATE: May 1, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: City Hall Parking Lot Rehabilitation, Phase III Engineering ATT: HR Green, Inc. Scope and Fee with Task Order AGENDA ITEM SUMMARY: Staff requests City Council to consider approving a Task Order for Phase III Engineering Services for the City Hall Parking Lot Rehabilitation Project to HR Green, Inc. BACKGROUND: The Fiscal Year 2023/2024 Budget includes $550,000 in ComEd Municipal Utility Tax Funding for the rehabilitation of the City Hall Parking Lot. HR Green, Inc. was awarded a contract to perform design services for this project in Spring of 2022. Final plans were delivered in March of this year and Maneval Construction of Ingleside, Illinois was the low apparent bidder for the construction project. Upon acceptance of bids for construction of the project, staff requested a scope and fee for Phase III Engineering Services from HR Green, Inc. The scope of services will include construction inspection, project management, documentation of contract quantities, processing of contractor payment requests and reporting of progress to City Staff. ANALYSIS: Staff has reviewed the scope and fee provided by HR Green, Inc., has found the scope and fee to be acceptable, and is recommending the award of the Task Order for Phase III Engineering Services. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve a Task Order for Phase III Engineering Services for the City Hall Parking Lot Rehabilitation Project to HR Green, Inc. in the amount of $20,488.00. 55 56 57 Proposal For: City Hall Parking Lot Rehabilitation Project (Construction Observation Scope of 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: 220624.01 April 14, 2023 58 TABLE OF CONTENTS PROJECT UNDERSTANDING PROPOSED SCOPE OF SERVICES COMPENSATION PROJECT SCHEDULE 59 Project Understanding The City has completed the bidding the bidding process on the City Hall Parking Lot Rehabilitation project. This project consists of removal and replacement of the existing HMA parking lot at the McHenry City Hall building. Existing concrete curb will be repaired using a shot-crete repair method. Sidewalks around the parking lot will be replaced as necessary to correct grade issues. The City will also be replacing the brick paver entrances on the front of the building and the brick paver patio on the rear of the building. These entrances will be brought to ADA compliance. The City Hall building will remain open for business during construction, so coordination and updates on project progress will be essential. Scope of Services It is anticipated that the following services will be required for the City Hall Parking Lot Rehabilitation project: ▪Construction Observation/Documentation Services ▪Shop Drawing/Material Submittal Reviews ▪Pay Request Review and recommendations ▪Meetings (Pre-Con & Progress) The following outlines additional detail to our specific approach to providing the services mentioned above. Construction Observation HR Green will be on-site to observe and verify that items being constructed and materials being utilized are in general conformance with the approved plans and specifications and any regulatory agency requirements. HR Green will complete a Daily Report in a field diary, measure and document contract quantities, completed erosion and sedimentation inspections, complete payment estimates, change orders, and weekly reports. Weekly reports will be submitted to the contractor and City of McHenry. HR Green will verify that all materials incorporated into this project are approved and any evidence of material inspection is in compliance with the Special Provisions of this contract. HR Green shall keep the City of McHenry informed as to the progress of construction with a daily email update with completed actions and anticipated events. 60 Administration/Coordination This task will involve the oversight of the project by management, which will include the on -going review of the project execution, documentation, schedule and budget, contract file management, and general correspondence between HR Green, City of McHenry, the contractor, and subcontractors. Meetings HR Green will attend the preconstruction meeting with City of McHenry, the contractor and subcontractors. HR Green anticipates that there will be a Pre-Construction meeting and two (2) construction progress meetings. Project Close Out HR Green anticipates approximately eighty (80) hours for completing the project closeout and final documentation for this project. This task includes the preparation of final payouts and warranties, and start-up of all pumping equipment. All quantity measurements and calculations, and final documentation will be delivered to the City. Material Testing A Geotechnical subconsultant will be employed by HR Green to provide compaction testing of the parking lot sub-base, and HMA courses per the project specifications. Sampling and compression testing for concrete sidewalks and gutter will be performed as well. Disclaimer HR Green shall not supervise, direct or have any control over the contractor’s work. HR Green shall not have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the contractor. Also, HR Green is not responsible for the contra ctor’s safety precautions or programs in connection with this work. These rights and responsibilities are solely those of the contractor. HR Green shall not be responsible for any acts or omissions of the contractor, subcontractor or any entity performing any portion or the work, or any agents or employees of any of them. HR Green does not guarantee the performance of the contractor and shall not be responsible for the contractor’s failure to perform its work in accordance with the contract drawings and documents. 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 61 components. – Design engineering questions are to be handled under previous design contract for this project. 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. Construction Layout 3. 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. City Responsibilities It is assumed that the City shall provide available data/information as follows: 1. Prompt Payouts 2. Attend project progress meetings. 62 Compensation TASK MAN- HOURS LABOR COST Construction Observation Meetings 6 $848.00 Observation (May 16-July 28) 121 $13,368.00 Shop Drawing/Material Reviews 3 $424.00 Pay Request Reviews 6 $848.00 GeoTech/Material Testing $5,000.00 PROJECT TOTALS 136 $20,488.00 63 Project Schedule Pre-Con Meeting ............................................................................... May 10, 2023 Anticipated Construction Start .......................................................... May 15, 2023 Substantial Completion ..................................................................... July 28, 2023 Final Completion ...........................................................................August 18, 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. 64 CONSENT AGENDA SUPPLEMENT DATE: May 1, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: McHenry WWTP Phosphorous Feasibility Study ATT: HR Green Task Order with Scope and Fee (Phosphorus Feasibility Study) AGENDA ITEM SUMMARY: Staff requests City that the Council consider accepting a proposal from HR Green, Inc. to complete a Phosphorus Feasibility Study and make recommendations to the city for necessary improvements to meet a future effluent phosphorous limit at the wastewater treatment plant. BACKGROUND: The City of McHenry has had an effluent phosphorous limit since 2006. The City renewed its National Pollutant Discharge Elimination System (NPDES) permit for the South Wastewater Treatment Plant in 2021. At that time staff were informed that the City would be required to meet a new, lower, effluent phosphorous limit of 0.5 mg/L by 2030. Included in the permit language were supplemental permit conditions which allowed for a five -year extension of this date if the city were to conduct a study and submit a report by 2025 containing the proposed improvements to comply with the new limit. By completion and submittal of this report, the City will have until 2035 to implement the changes and comply with the limit. The reported concentration for the new limit will be calculated monthly on a rolling twelve -month geometric mean. The existing limit is a 1.0 mg/L monthly average. ANALYSIS: Upon receipt of the new permit, Wastewater Division personnel began evaluating process performance and examining ways to increase efficiency. Further reductions in effluent phosphorous levels have been achieved and the treatment plant is frequently in compliance with the lower limit, however, there is very little margin for error and there have been several instances where the twelve-month average has exceeded the future limit. Staff has been able to regularly achieve effluent phosphorous levels below 0.3 mg/L from the Sequence Batch Reactor (SBR) treatment process which was constructed as part of the 2015 consolidat ion project. 65 However, the limiting factor appears to be the two existing oxidation ditches which are part of the original plant construction and were not designed for nutrient removal. Phosphorous removal in the oxidation ditches is achieved via a chemical addition system that was installed in 2006 when the city’s first phosphorous limit went into effect. Since that time , chemical costs have increased significantly, with prices nearly doubling in the last three years alone. It is unlikely that increasing the chemical dosage will yield any further phosphorous removal and increased dosages would have significant effects of operating expenses and thereby operating rates. This leaves process modification as the only viable option for reducing effluent phosphorous. Public Works staff are recommending the selection of HR Green, Inc. to perform engineering services for the purposes of the proposed study because of their performance of the plant design and previous permitting assistance with the IEPA. A proposal was solicited for the intended scope of services in Spring of this year. Staff from HR Green will evaluate the city’s wastewater treatment process as well as the characteristics of the plant influent and effluent and provide the city with a list of options that would enable the treatment plant to consistently meet the future limit of 0.5 mg/L. Consideration will be given to up-front costs, operating cost of proposed facilities, savings realized by reducing or eliminating the need for chemical addition, as well as other reductions in operating expenses. City staff have reviewed the proposed scope and fee, have found it to be acceptable, and are recommending the award of the Task Order. RECOMMENDATION: Therefore, if council concurs, it is recommended to ac cept the proposal from HR Green, Inc. and to award a Task Order in the amount of $49,630.00 to conduct a Phosphorus Feasibility Study to evaluate the current treatment process and make recommendations for improvements to meet future permit requirements. 66 May 122See Attachment A Scope of Services$49,630.00 See Attachment A Scope of Services for breakdown.NASee Attachment A Scope of ServicesSee Attachment A Scope of Services230202667 Michael Roth, PEMarch 312368 Version 2.3 02052021 Attachment A - Scope of Services For McHenry WWTP – Phosphorus Feasibility Study Troy Strange PE, Director of Public Works City of McHenry 1415 Industrial Drive McHenry, IL 60050 815-363-2186 Chad Pieper, PE HR Green, Inc. 1391 Corporate Drive, Suite 203 McHenry IL, 60050 2302026 April 3, 2023 69 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 70 THIS AGREEMENT is between City of McHenry (hereafter “CLIENT”) and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding The CLIENT operates one wastewater treatment plant (WWTP). The existing WWTP operates two separate treatment trains. One train is the oxidation ditch and clarifiers for secondary treatment and the other train is secondary treatment by sequencing batch reactors (SBR). The CLIENT received their latest NPDES permit with an issue date of June 1, 2021. The current Total Phosphorus (as P) limit is 1.0 mg/L. However, Special Condition 17 of the current permit requires the CLIENT to meet the effluent limit of 0.5 mg/L Total Phosphorus on a 12-month rolling geometric mean (calculated monthly) by January 1, 2030. The SBR treatment train is able to treat the wastewater to below the 0.5 mg/L Total Phosphorus; however, the oxidation ditch treatment train doesn’t consistently meet this limit. Special Condition 17 paragraph B.1. states that “If the CLIENT develops a written plan, preliminary engineering report or facility plan no later than January 1, 2025, to rebuild or replace a secondary treatment process of the treatment facility, the limit shall be met by December 31, 2035.” The CLIENT is requesting the COMPANY to develop a feasibility study to determine how the WWTP can meet the 0.5 mg/L Total Phosphorus limit proposed in the NPDES permit in order to meet the condition of paragraph B.1 of Special Condition 17 of the existing NPDES permit. 1.2 Design Criteria/Assumptions •Title 35 Ill. Adm. Code rules and regulations – Subtitle C, Part 370: Illinois Recommended Standards for Sewage Works 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: 1.Project Initiation Conference Call COMPANY’s first step will be to lead a project initiation conference call to establish the key objectives and deliverables schedule for this project. During this conference call we will: A.Review the project goals, objectives and scope of the project. B.Review the project schedule, work items, responsibilities, and priorities of each party; and C.Identify key project liaisons and establish communication protocols between the CLIENT and COMPANY. 2.Phosphorus Feasibility Study A.Collect and Review Background Data Collect and review the last two (2) years of historical data including residential and non- residential customer base (including any treatment agreements), existing CLIENT ordinances, treatment plant influent and effluent characteristics and data, plant operating and maintenance budgets and expenses, and sewer user rate structure. This work will also identify potential source reduction opportunities. 71 The CLIENT will provide influent discharge monitoring report (DMR) data, effluent DMR data, chemical data, and sludge data for the WWTP, including but not limited to, flow, cBOD/BOD, TSS, ammonia, TN, TP, chemical dosage/usage, and sludge generation/disposal. The CLIENT will sample, analyze and provide the results from a minimum of three (3) influent samples (after influent micro-screening) for COD, rbCOD, TP, and ortho-phosphate that are to be taken on different days aligning with DMR monitoring days for other loading characteristics. COMPANY will review the influent, effluent, chemical and sludge data to determine current loading to the WWTP and actual treatment removal performance. COMPANY will compare actual WWTP loading and performance against the design assumptions in the Basis of Design. COMPANY will evaluate the wastewater characterization from the data provided and identify any limiting parameters, if present. B.Coordinate Laboratory Testing and Jar Testing Use benchtop laboratory jar testing of coagulants/flocculants with secondary influent to determine the most efficient chemical, dosing amounts, and injection locations to achieve chemical phosphorus removal. Prepare a design memo summarizing jar testing results and implementation costs. Jar testing, including purchase of the chemicals, will be provided by the CLIENT. The COMPANY will coordinate sampling and analysis protocol with a local testing laboratory. The CLIENT shall subcontract with the laboratory to perform the testing. The COMPANY will not collect the samples or perform the analyses. Jar testing will analyze secondary influent for include removal of total phosphorus through chemical precipitation.. Jar testing will be performed using up to two (2) different coagulants/flocculants. Up to five (5) different dosages of each coagulant/flocculant shall be used for each test. Jar testing shall be performed in triplicate, with samples corresponding to the three (3) influent samples analyzed for COD and rbCOD as described above.. C.Develop Alternatives to meet Permitted Effluent Total Phosphorus Limit The COMPANY will develop three (3) treatment process alternatives to meet the permitted effluent total phosphorus limit. This will include a biological treatment alternative, chemical treatment alternative, and a hybrid treatment alternative. 1)Biological Phosphorus Removal Alternative Develop an alternative using biological phosphorus removal to achieve 0.5 mg/L effluent Total Phosphorus (12-month rolling geometric mean) employed in the oxidation ditch, SBR, or a combination of both. •Develop a model of the existing WWTP oxidation ditch and SBR treatment trains using EnviroSim’s BioWin software. The model will be calibrated using historical influent and effluent wastewater data. The COMPANY will use BioWin with current wastewater characterization data and future loading projections to determine required modifications to the existing treatment trains to meet treatment performance requirements. •Develop associated improvements’ opinion of probable construction costs and life- cycle operating and maintenance costs. 2)Chemical Phosphorus Removal Alternative 72 Develop an alternative using chemical phosphorus removal to achieve 0.5 mg/L effluent Total Phosphorus (12-month rolling geometric mean) employed in the oxidation ditch, SBR, or a combination of both. •Develop a model of the existing WWTP oxidation ditch and SBR treatment trains using EnviroSim’s BioWin software. The model will be calibrated using historical influent and effluent wastewater data. The COMPANY will use BioWin with current wastewater characterization data, jar testing results, and future loading projections to determine required modifications to the existing chemical feed system to meet treatment performance requirements. •Develop associated improvements’ opinion of probable construction costs and life- cycle operating and maintenance costs. 3)Hybrid Phosphorus Removal Alternative Develop an alternative using a hybrid of biological and chemical phosphorus removal to achieve 0.5 mg/L effluent Total Phosphorus (12-month rolling geometric mean) employed in the oxidation ditch, SBR, or a combination of both. •The COMPANY will use the models as described above to determine required modifications to the existing chemical feed system and incorporation of biological phosphorus removal process to meet treatment performance requirements. •Develop associated improvements’ opinion of probable construction costs and life- cycle operating and maintenance costs. D.Prepare Draft Phosphorus Feasibility Study Report & Review Meeting The COMPANY shall prepare a draft report for the CLIENT’s review and comment. The report shall contain the following: •Summary of jar testing analysis, results, and dosage recommendations. •Summary of alternatives development, results, associated improvements’ opinion of probable construction costs and life-cycle operating and maintenance costs. •Recommendations for improvements to achieve effluent limits and improvements timeline. An electronic copy (in PDF) of the draft report will be provided to the CLIENT for review and comment. The COMPANY shall hold one (1) virtual meeting with the CLIENT to review the report and gather comments. E.Finalize Phosphorus Feasibility Study Report Incorporate the CLIENT’s review comments on the draft report and present the final report. Two (2) hardcopies and one (1) electronic copy (PDF format) of the final study will be provided to the CLIENT. The CLIENT shall submit one (1) to the IEPA to comply with the requirements of Special Condition 17 paragraph B.1. Scope does not include addressing review comments from IEPA on the submitted report and updating the report with IEPA comments. If required, the COMPANY can address IEPA review comments and update the report as an additional service. 73 3.0 Deliverables and Schedules Included in this Agreement The deliverables for the project are as described in the scope of services. The following is the projected schedule based on the Notice to Proceed (NTP): Project Initiation and Organization Meeting 1 Week from NTP Collect and Review Background Data 1-2 Weeks from NTP Coordinate Laboratory Testing and Jar Testing 3-5 Weeks from NTP Develop Alternatives 11-13 Weeks from NTP Prepare Draft Feasibility Study Report 14-20 Weeks from NTP CLIENT Review of Draft Feasibility Study Report 21 Weeks from NTP Finalize Phosphorus Feasibility Study Report 22-24 Weeks from NTP 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 the COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this AGREEMENT: •Design services •Response to IEPA comments on submitted study •Obtaining samples/analyzing samples •Secondary clarifier performance evaluation •Additional meetings with the CLIENT, regulatory agencies, etc. other than those defined in this scope of services. •NPDES Permit Amendment Supplemental services not included in the AGREEMENT can be provided by the COMPANY under a separate agreement, if desired. 5.0 Services by Others NA 6.0 Client Responsibilities •Provide information as defined in scope of services such as influent characteristics, effluent characteristics, previous relevant studies, etc. •Obtain necessary samples and perform necessary analysis on the samples as directed by the COMPANY. •Timely review and response to correspondence with COMPANY such as questions, tech memos, and draft report. 74 7.0 Professional Services Fee 7.1 Fee Summary Project Cost Man Hours Labor Cost Project Administration/Meetings 55 12,170.00 Data Collection/Testing 20 3,710.00 Develop Alternatives 84 15,680.00 Report 98 18,070.00 Total 257 49,630.00 75 CONSENT AGENDA SUPPLEMENT DATE: May 1, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Millstream Sanitary Lift Station Control Upgrade ATT: Associated Electrical Contractors, LLC Proposal AGENDA ITEM SUMMARY: Staff requests City Council to consider waiving competitive bidding and to accept the proposal from Associated Electrical Contractors, LLC of Woodstock, Illinois for the replacement of the electrical panel and pump controls at the Millstream Lift Station. BACKGROUND: The Millstream Lift Station is one of the older lift stations within the City’s sanitary sewer collection system. In 1989 the station underwent a major overhaul from its original dry -pit configuration to its current submersible design. It was at this time that the current electrical cabinet and controls were installed. After being in service for more than thirty years, the condition of the control panel enclosure, electrical conduits, and other associated components have deteriorated to an extent that they require replacement. Additionally, the replacement of the existing electrical controls will require the installation of an intermediate junction box between the wet well and the control panel to be compliant with current standards. The junction box must be of either a sealed or air -gapped construction to prevent potentially hazardous gasses and v apors from travelling through the conduit and entering the control panel. ANALYSIS: In FY 22/23, Public Works staff attempted to publicly bid the Millstream Lift Station Control Upgrade project. Unfortunately, without a full set of plans and drawings, sta ff was unable to obtain valid bid results. This left staff with two options: 76 1. Hire a design firm to create a full plan set to attempt a second public bid for the project. This option would add approximately $2 5,000.00 to the total project cost. 2. Select a qualified electrical contractor to act as General Contractor and work with the City’s SCADA integrator on a design-build project that would incorporate all the necessary equipment and improvements in one proposal. To control the overall project cost, staff elected to pursue the design-build option. Proposals were solicited from two electrical contractors that have previously performed work of this nature for the City and can act as the General Contractor for the project. The selected contractor would submit a final proposal which incorporated both the electrical contracting work to be performed as well as the work to be performed by the City’s SCADA integrator, Advanced Automation & Controls, Inc., for the design, construction, and integration of the control panel. Proposals were received from Associated Electrical Contractors, LLC and from Homestead Electrical Contracting, LLC. Although the scope of work to be performed was comparable between the two proposals, the proposal from Associated Electrical Contractors was substantially less than that of Homestead Electrical Contracting. A summary of proposals is as follows: Associated Electrical Contractors LLC $91,918.00 Advanced Automation & Controls, Inc. $103,250.00 Staff has analyzed the proposals and recommends awarding the contract to Associated Electrical Contractors LLC. RECOMMENDATION: Therefore, if the City Council concurs, it is recommended that the City Council waive competitive bidding and accept the proposal from Associated Electrical Contractors, LLC of Woodstock, Illinois in the amount of $91,918.00 to furnish and install a new electrical panel and pump controls at the Millstream Sanitary Lift Station. 77 March 9, 2023 Attn: Russ Adams Wastewater Department McHenry, IL 60050 Re: Millstream Lift Station MCC AEC Quote #Q120622-4 We are pleased to provide our quote for the above-referenced project. Clarifications are as follows: •Provide and install temp safety fencing •Disconnect, remove, replace, and reconnect new lift station enclosure •Provide New Lift Station Control Panel (provided through Advanced Automation & Controls) •Provide new meter pedestal •Install new air gap box •Conduit to be GRC, and Liquid metal type •Provide excavating and coring to wet well •Install new raceway from wet well to air gap •Install new level transmitter in wet well •Provide and install analog wiring from transmitter to controller •Re-pull all existing conductors & terminate in air gap enclosure •Provide new raceway from air gap to controller encloser •Provide new conductors to new controller encloser •Wire to be XHHW type •Crane included •New MCC enclosure and air gap panel by others •Work to be performed during normal working hours, no overtime included •Permits, Inspection Fees, and Utility Charges by others FOR THE SUM OF $91,918.00 Quote is based on timely delivery of components supplied by others, and installation of mechanical systems adhering to schedule(s) for unimpeded installation and to stay on schedule. Thank you for the opportunity to quote your above electrical needs. If you have questions or need any further information, please feel free to contact me at your convenience. Sincerely, Associated Electrical Contractors, LLC. Project Manager Industrial Division 78 CONSENT AGENDA SUPPLEMENT DATE: May 1, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Weir Gate Replacement, 1.0 MGD Oxidation Ditch, WWTP ATT: Sabel Mechanical, LLC Proposal AGENDA ITEM SUMMARY: Staff requests that the City Council consider waiving competitive bidding and accepting a proposal from Sabel Mechanical, LLC for the replacement of two weir gates on the 1.0 MGD Oxidation Ditch at the Wastewater Treatment Plant. BACKGROUND: The 1.0 MGD Oxidation Ditch is part of the original treatment process constructed at the South Wastewater Treatment Plant in 1989. Although the treatment plant has seen several upgrades and expansions over the years, the Oxidation Ditch has operated without substantial modifications for over 30 years. The weir gates are overflow gates, which allow staff to control the flow exiting the Oxidation Ditch by adjusting the gates up or down. The gates are adjusted manually by turning a wheel attached to a screw shaft that is connected to the gate. During routine maintenance in 2022, both gates experienced a failure at the connection point where the screw shaft attaches to the gate. Temporary repairs were made at that time to return both gates to operation. While performing the repairs, it was observed that the condition of the gates below the waterline had deteriorated to a degree that permanent repairs would not be feasible. Both gates require full replacement to return them to reliable operation . ANALYSIS: The pool of available contractors to perform this scope of work is somew hat limited and therefore staff are recommending sole sourcing these repairs due to the small pool of contractors, long equipment lead times, and the City’s history of satisfactory work with the contractor. Sabel Mechanical, LLC is a contractor which specializes in the maintenance and repair of wastewater treatment equipment and who has performed similar scopes of work for the City 79 of McHenry. Staff contacted Sabel Mechanical LLC to visit the site, inspect the gates, and provide a recommendation for corrective action. Sabel Mechanical LLC agreed with Public Works staff’s initial assessment that the current gates were beyond the point of rehabilitation or repair and would need to be replaced. The attached proposal was solicited by staff for the replacement of the existing gates with two new, corrosion-resistant stainless steel weir gates. Staff has evaluated the proposal provided by Sable Mechanical LLC, has found the proposal to be acceptable, and is recommending the award of a contract to Sabel Mechanical LLC. RECOMMENDATION: Therefore, if Council concurs, it is recommended that the City Council waive competitive bidding, accept the proposal from Sabel Mechanical, LLC of Fond Du Lac, WI, and award a contract in the amount of $41,900.00 to furnish and install two new stainless steel weir gates on the 1.0 MGD Oxidation Ditch at the Wastewater Treatment Plant. 80 DATE 1/23/23 QUOTE #3518 SEND TO PAST DUE AMOUNTS ARE SUBJECT TO A FINANCE CHARGE AT THE MAXIMUM RATE ALLOWED BY STATE. REASONABLE COLLECTION FEES AND ATTORNEY FEES WILL BE ASSESSED TO ALL ACCOUNTS PLACED FOR COLLECTION Date Job Payment Term QUOTE EXPIRES 1/23/23 Slide gate replacement 30 DAYS Today QTY DESCRIPTION UNIT PRICE LINE TOTAL 2 This quote is for the removal and placement of weir gate. Including the following: a)Labor and equipment b)Crane service c)Removal of old gate d)Install of new gate e)1- Hydro Gate Model HG561 with type 304 sst frame and sides, sst anchors, polymer bearing bars in guide grooves,UHMWseals.Pedestal mounted geared crank lift with type 304 stainless steel stem and plastic stem cover with mylar position indicator. 16 – 18-week delivery after drawing and approval $20,950.00 $41,900.00 SUBTOTAL $ 41,900.00 SALES TAX $ TOTAL $ 41,900.00 81 CONSENT AGENDA SUPPLEMENT DATE: May 1, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works Greg Gruen, P.E., Staff Engineer RE: Oakwood Drive Bridge Phase II Engineering Agreements ATT: 1.IDOT’s Preliminary Engineering Services Agreement for Federal Participation 2.IDOT’s Local Agency Agreement for Federal Participation 3.Section 1440 Authority Request 4.Quality Based Selection Results ___________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests City Council to consider approval of a Professional Engineering Services Agreement for Federal Participation and a Local Agency Agreement for Federal Participation and to authorize the Mayor to approve any future revisions as requested by IDOT. Staff further requests that the City Council consider an authorization for staff to proceed at risk for engineering funding through Section 1440 Authority. BACKGROUND: The Oakwood Drive Culvert needs replacement or major repair. The existing layout is a series of five corrugated steel culverts with a total span of approximately 50 feet. As the total span of the creek crossing is more than 20 feet, the culvert is classified as a bridge in the State i nventory of structures and is subject to bi-annual inspection. The project location is at the crossing of Boone Creek on Oakwood Drive approximately 1,000 feet south of Illinois Route 120. This project will include the full replacement of the structure, construction of approach pavement, bridge railing installation, pedestrian accommodations, pavement markings, as well as any other necessary and incidental work. 82 In December of 2018, staff received notice from IDOT that Phase I Funding for this project was awarded to the City through the Surface Transportation Program (STP) Bridge Program which is funded at an 80% federal share. In 2019, staff selected Baxter & Woodman, Inc. through a Quality Based Selection (QBS) process for the completion of Phase I E ngineering and a contract was awarded in January of 2020. Phase I Engineering was completed in Fall of 2022, and the City was awarded Phase II funding by IDOT for the completion of engineering design and preparing the project for bidding on a State letting. A QBS process for Phase II consultant selection process was run by Public Works staff in summer of 2022 and Baxter & Woodman, Inc. was again selected for Phase II Engineering. Upon selection, staff negotiated a scope and fee with the selected consultant and is now bringing the scope and fee forward for the consideration of the City Council. Because of lead times for Federal agreement processing that are more than 2 years in some cases, the City is requesting Section 1440 Authority from IDOT which allows the City to proceed at risk with 100% local funding until the 80% Federal match is available upon the approval of the Federal Aid Agreement. The risk undertaken by the City is that some items completed may be considered ineligible for Federal Aid upon approval of the final Agreement. However, these items are typically small in cost while most items remain eligible. ANALYSIS: City staff selected Baxter & Woodman, Inc. through the Quality Based Selection (QBS) Process which is mandated by IDOT for consultant selection on all federally funded projects. Staff has negotiated a preliminary engineering services agreement in accordance with QBS policies and utilizing the Illinois Department of Transportation’s standard form. Prior to negotiations staff prepared an initial estimate of cost for engineering services; the negotiated scope and fee have been reviewed by staff and were found to be acceptable. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve an Oakwood Drive Bridge Replacement Preliminary Engineering Services Agreement for Federal Participation with Baxter & Woodman, Inc. in the amount of $167,881.00 ($33,576.20 Streets Account 100-33-5300, $134,304.80 Federal Aid) and the Local Agency Agreement for Federal Participation and to authorize the Mayor to approve any future revisions as requested by IDOT . Staff further requests that the City Council authorize staff to proceed at risk for engineering funding through Section 1440 Authority. 83 BLR 05310PE (Rev. 03/24/23)Page 1 of 5 Joint Funding Agreement for PE/ROW Printed 03/31/23 LOCAL PUBLIC AGENCY Local Public Agency McHenry County McHenry Section Number 18-00086-00-BR Fund Type STP-Bridge ITEP, SRTS, HSIP Number(s)MPO Name CMAP MPO TIP Number 11-19-0016 Engineering Right-of-Way State Job Number D-91-180-19 Project Number NIY3(193) State Job Number Project Number Local Administered Engineering Right-of-Way Other This Agreement is made and entered into between the above local public agency, hereinafter referred to as the "LPA" and the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LPA jointly propose to improve the designated location as described below. The improvement shall be consulted in accordance with plans prepared by, or on behalf of the LPA and approved by the STATE using the STATE's policies and procedures approved and/or required by the Federal Highway Administration, hereinafter referred to as "FHWA". LOCATION Stationing Local Street/Road Name Oakwood Drive Key Route MUN 2018 Length 0.01 From To Location Termini Over Boone Creek Current Jurisdiction City of McHenry Existing Structure Number(s) 056-6600 Add Location Remove PROJECT DESCRIPTION Phase II Design Engineering for the replacement of the Oakwood Drive structure over Boone Creek. The existing five corrugated steel culverts (S.N. 056-6600) with sloped concrete headwalls will be removed and replaced with a three-celled box concrete culvert and approach roadway work. THE LPA AGREES: 1. To acquire in its name, or in the name of the STATE if on the STATE highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established State policies and procedures. Prior to advertising for bids, the LPA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LPA, the STATE, and the FHWA if required. 2. To provide for all utility adjustments and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Public Agency Highway and Street Systems. 3. To provide for the preliminary engineering work required to complete the proposed improvement. 4. To retain jurisdiction of the completed improvement unless specified otherwise by addendum. 5. To maintain or cause to be maintained the completed improvement (or that portion within its jurisdiction) in a manner satisfactory to the STATE and the FHWA. 6. To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. 7. To maintain for a minimum of 3 years after final project close out by the STATE, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract. The contract and all books, records, and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE. The LPA agrees to cooperate fully with any audit conducted by the Auditor General, the STATE, and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this section shall establish presumption in favor of the STATE for recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 8. To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. 84 BLR 05310PE (Rev. 03/24/23)Page 2 of 5Printed03/31/23 9. To provide or cause to be provided all of the initial funding, equipment, labor, material, and services necessary to complete the project. 10. Certifies to the best of its knowledge and belief that it's officials: a.are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; b. have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; c. are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, Local) with commission of any of the offenses enumerated in item (b) of this certification; and d. have not within a three-year period preceding the agreement had one or more public transactions (Federal, State, Local) terminated for cause or default. 11. To include the certifications, listed in item 13 above, and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. 12. That for agreements exceeding $100,000 in federal funds, execution of this agreement constitutes the LPA's certification that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or any employee of a member of congress in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form - LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. c. The LPA shall require that the language of this certification be included in the award documents for all subawards (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements), and that all subrecipients shall certify and disclose accordingly. THE STATE AGREES: 1. To provide such guidance, assistance, and supervision to monitor and perform audits to the extent necessary to assure validity of the LPA's certification of compliance with Title II and III Requirements. 2. For agreements with federal and/or state funds in engineering, right-of-way, utility work and/or other locally administered work. a. To reimburse the LPA for federal and/or state share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payments by the LPA; IT IS MUTUALLY AGREED: 1. Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction and federal Buy America provisions 2. That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation within one (1) year of the date of execution of this agreement. 3. This agreement shall be binding upon the parties, their successors, and assigns. 4. For contracts awarded by the LPA, the LPA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT - assisted contracts. The LPA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this agreement. Upon notification to the recipient of its failure to carry out its approved program, the STATE may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S. C 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C 3801 et seq.). In the absence of a USDOT - approved LPA DBE Program or on state awarded contracts, this agreement shall be administered under the provisions of the STATE'S USDOT approved Disadvantaged Business Enterprise Program. 5. In cases where the STATE is reimbursing the LPA, obligation of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable federal funding source fails to appropriate or otherwise make available funds for the work contemplated herein. 6. All projects for the construction of fixed works which are financed in whole or in part with funds provided by this agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of the act exempt its application. FISCAL RESPONSIBILITIES: 1.Reimbursement Requests: For reimbursement requests the LPA will submit supporting documentation with each invoice. Supporting documentation is defined as verification of payment, certified time sheets or summaries, vendor invoices, vendor 85 BLR 05310PE (Rev. 03/24/23)Page 3 of 5Printed03/31/23 receipts, cost plus fix fee invoice, progress report, personnel and direct cost summaries, and other documentation supporting the requested reimbursement amount (Form BLR 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be submitted with sequential invoice numbers by project. 2.Financial Integrity Review and Evaluation (FIRE) program: LPA’s and the STATE must justify continued federal funding on inactive projects. 23 CFR 630.106(a)(5) defines an inactive project as a project which no expenditures have been charged against Federal funds for the past twelve (12) months. To keep projects active, invoicing must occur a minimum of one time within any given twelve (12) month period. However, to ensure adequate processing time, the first invoice shall be submitted to the STATE within six (6) months of the federal authorization date. Subsequent invoices will be submitted in intervals not to exceed six (6) months. 3.Final Invoice: The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting documentation of all incurred costs, less previous payments, no later than twelve (12) months from the date of completion of work or from the date of the previous invoice, whichever occurs first. If a final invoice is not received within this time frame, the most recent invoice may be considered the final invoice and the obligation of the funds closed. Form BLR 05613 (Engineering Payment Record) is required to be submitted with the final invoice for engineering projects. 4.Project Closeout: The LPA shall provide the final report to the appropriate STATE district office within twelve (12) months of the physical completion date of the project so that the report may be audited and approved for payment. If the deadline cannot be met, a written explanation must be provided to the district prior to the end of the twelve (12) months documenting the reason and the new anticipated date of completion. If the extended deadline is not met, this process must be repeated until the project is closed. Failure to follow this process may result In the immediate close-out of the project and loss of further funding. 5.Project End Date: Preliminary engineering projects - the period of performance (end date) for state and federal obligation purposes is ten (10) years. The LPA must begin right-of-way acquisition for, or actual construction of, the project for which preliminary engineering work is undertaken with Federal participation is by the close of the tenth (10th) fiscal year following the fiscal year in which the project is federally authorized. In the event that this work is not started within this timeframe, the LPA will repay the STATE any Federal funds received under the terms of this Agreement. For Right-of-Way projects - the period of performance (end date) for state and federal obligation purposes is fifteen (15) years from the execution date of the agreement. The LPA must begin construction of the project on this right-of-way by the close of the twentieth (20th) fiscal year following the fiscal year in which the project is federally authorized. In the event that construction is not started within this timeframe, the LPA will repay the STATE any Federal funds received under the terms of this Agreement. Requests for time extensions and joint agreement amendments must be received and approved prior to expiration of the project end date. Failure to extend the end date may result in the immediate close-out of the project and loss of further funding. 6.Single Audit Requirements: If the LPA expends $750,000 or more a year in federal financial assistance, they shall have an audit made in accordance with 2 CFR 200. LPA's expending less than $750,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE (IDOT’s Office of Internal Audit, Room 201, 2300 South Dirksen Parkway, Springfield, Illinois, 62764) within 30 days after the completion of the audit, but no later than one year after the end of the LPA's fiscal year. The ALN number for all highway planning and construction activities is 20.205. 7.Federal Registration: LPA’s are required to register with the System for Award Management or SAM, which is a web-enabled government-wide application that collects, validates, stores, and disseminates business Information about the federal government's trading partners in support of the contract award and the electronic payment processes. To register or renew, please use the following website: https://www.sam,gov/SAM/ ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement. 1.Location Map 2.Division of Cost 3. 86 BLR 05310PE (Rev. 03/24/23)Page 4 of 5Printed03/31/23 The LPA further agrees as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this agreement and all Addenda indicated above. APPROVED Name of Official (Print or Type Name) "Wayne" Jett Title of Official City Mayor Signature Date The above signature certifies the agency's TIN number is 366005993 conducting business as a Governmental Entity. DUNS Number 023996275 Local Public Agency UEI N2MTMUDG6XH8 Omer Osman, P.E., Secretary of Transportation Date By: George A. Tapas, P.E., S.E., Engineer of Local Roads & Streets Date Stephen M. Travia, P.E., Director of Highways PI/Chief Engineer Yangsu Kim, Chief Counsel Date Vicki Wilson, Chief Fiscal Officer Date Date APPROVED State of Illinois Department of Transportation NOTE: if the LPA signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. 87 Location Map Oakwood Drive over Boone Creek Section No. 18-00086-00-BR City of McHenry SN 056-6600: Oakwood Drive Bridge Replacement of five cell corrugated steel culvert design at Oakwood Drive and Boone Creek crossing N PROJECT LOCATION 88 BLR 05310PE (Rev. 03/24/23)Page 5 of 5 ADDENDA NUMBER 2 Printed 03/31/23 Local Public Agency McHenry County McHenry Section Number 18-00086-00-BR Engineering Job Number D-91-180-19 Project Number NIY3(193)Right-of-Way Job Number Project Number DIVISION OF COST Federal Funds State Funds Local Public Agency Type of Work Fund Type Amount %Fund Type Amount %Fund Type Amount %Totals Preliminary Engineering STP-Br $134,304.80 80%Local $33,576.20 20% $167,881.00 Total $134,304.80 Total Total $33,576.20 $167,881.00 If funding is not a percentage of the total place an asterisk (*) in the space provided for the percentage and explain below: NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LPA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursement. 89 Local Public Agency Engineering Services Agreement BLR 05530 (Rev. 07/08/22)Page 1 of 13Completed04/05/23 Using Federal Funds?Yes No Agreement For Federal PE Agreement Type Original LOCAL PUBLIC AGENCY Local Public Agency McHenry County McHenry Section Number 18-00086-00-BR Job Number D-91-180-19 Project Number NIY3(193) Contact Name Greg Gruen Phone Number (815) 363-2185 Email ggruen@cityofmchenry.org SECTION PROVISIONS Local Street/Road Name Oakwood Drive Length 0.01 Key Route MUN 2018 Add Location Structure Number 056-6600 Remove Location Location Termini Over Boone Creek Project Description Phase II Design Engineering for the replacement of the Oakwood Drive structure over Boone Creek. The existing five corrugated steel culverts (S.N. 056-6600) with sloped concrete headwalls will be removed and replaced with a three-celled box concrete culvert and approach roadway work. Engineering Funding Anticipated Construction Funding MFT/TBPFederal State Other OtherStateMFT/TBPFederal Local AGREEMENT FOR Phase II - Design Engineering Phase I - Preliminary Engineering CONSULTANT Prime Consultant (Firm) Name Baxter & Woodman, Inc. Contact Name Dan Schug Phone Number (815) 444-4454 Address 8678 Ridgefield Road City Crystal Lake State IL Zip Code 60012 Email dschug@baxterwoodman.com Local THIS AGREEMENT IS MADE between the above Local Public Agency (LPA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Project funding allotted to the LPA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT," will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Since the services contemplated under the AGREEMENT are professional in nature, it is understood that the ENGINEER, acting as an individual, partnership, firm or legal entity, qualifies for professional status and will be governed by professional ethics in its relationship to the LPA and the DEPARTMENT. The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used, they shall be interpreted to mean: Regional Engineer Deputy Director, Office of Highways Project Implementation, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the construction PROJECT In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded 90 BLR 05530 (Rev. 07/08/22)Page 2 of 13Completed04/05/23 AGREEMENT EXHIBITS The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT: EXHIBIT A: Scope of Services EXHIBIT B: Project Schedule EXHIBIT C: Qualification Based Selection (QBS) Checklist EXHIBIT D: Cost Estimate of Consultant Services (CESCS) Worksheet (BLR 05513 or BLR 05514 ) EXHIBIT E: Cost Estimate - Soil and Material Consultants EXHIBIT F: Cost Estimate - Santacruz Land Acquisitions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the Scope of Services presented in EXHIBIT A for the LPA in connection with the proposed improvements herein before described. 2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff hours. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are to be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections required as a result of the ENGINEER'S error, omissions or negligent acts without additional compensation. Acceptance of work by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or the responsibility for clarifying ambiguities. 4. That the ENGINEER will comply with applicable Federal laws and regulations, State of Illinois Statutes, and the local laws or ordinances of the LPA. 5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 6. To invoice the LPA for Preliminary and/or Design Engineering: The ENGINEER shall submit all invoices to the LPA within three months of the completion of the work called for in the AGREEMENT or any subsequent Amendment or Supplement. 7. To submit a completed BLR 05613, Engineering Payment Report, to the DEPARTMENT within three months of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. The form shall be submitted with the final invoice. 8. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of United States Department of Transportation (US DOT) assisted contract. Failure by the Engineer to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 9. That none of the services to be furnished by the ENGINEER shall be sublet assigned or transferred to any other party or parties without written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 10. For Preliminary Engineering Contracts: (a) To attend meetings and visit the site of the proposed improvement when requested to do so by representatives of the LPA or the DEPARTMENT, as defined in Exhibit A (Scope of Services). (b) That all plans and other documents furnished by the ENGINEER pursuant to the AGREEMENT will be endorsed by the ENGINEER and affix the ENGINEER's professional seal when such seal is required by law. Such endorsements must be made by a person, duly licensed or registered in the appropriate category by the Department of Professional Regulation of the State of Illinois. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the DEPARTMENT. (c) That the ENGINEER is qualified technically and is thoroughly conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated in Exhibit A (Scope of Services). 11. That the engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER in connection with this AGREEMENT (See DIRECT COST tab in BLR 05513 or BLR 05514). II. THE LPA AGREES, 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the following: (a) Professional Services Selection Act (50 ILCS 510), The Brooks Act (40 USC 11), and the Procurement, Management, and Administration of Engineering, and Design Related Services (23 CFR part 172). Exhibit C is required to be completed with this AGREEMENT. 2. To furnish the ENGINEER all presently available survey data, plans, specifications, and project information. 91 BLR 05530 (Rev. 07/08/22)Page 3 of 13Completed04/05/23 3. To pay the ENGINEER: (a) For progressive payments - Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. (b) Final payment - Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and DEPARTMENT a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5.10 of the BLR Manual. Method of Compensation: Lump Sum Specific Rate Cost plus Fixed Fee: Fixed Total Compensation = DL + DC + OH + FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied to their DL and FF is the Fixed Fee. Where FF = ( 0.33 + R) DL + %SubDL, where R is the advertised Complexity Factor and %SubDL is 10% profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15% of the DL + OH. 5. The recipient shall not discriminate on the basis of race, color, national original or sex in the award and performance of any US DOT assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C 3801 et seq.). III. IT IS MUTUALLY AGREED, 1. No work shall be commenced by the ENGINEER prior to issuance by the IDOT of a written Notice to Proceed. 2. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amount, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General, and the DEPARTMENT: the Federal Highways Administration (FHWA) or any authorized representative of the federal government, and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the DEPARTMENT for the recovery of any funds paid by the DEPARTMENT under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 3. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA, the DEPARMTENT, and their officers, agents, and employees from all suits, claims, actions or damage liabilities, costs or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the ENGINEER as soon as practicable after the discovery. The LPA reserves the right to take immediate action to remedy any error or omission if notification is not successful; if the ENGINEER fails to reply to a notification; or if the conditions created by the error or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and reasonable notice is not practicable. 4. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LPA. The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to the date of the written notice of termination. 5. In the event that the DEPARMENT stops payment to the LPA, the LPA may suspend work on the project. If this agreement is suspended by the LPA for more than thirty (30) calendar days, consecutive or in aggregate, over the term of this AGREEMENT, the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred as a result 92 BLR 05530 (Rev. 07/08/22)Page 4 of 13Completed04/05/23 of the suspension and resumption of its services, and the ENGINEER's schedule and fees for the remainder of the project shall be equitably adjusted. 6. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until the completion of construction of any phase of professional services performed by others based upon the service provided herein. All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent professional services are not commenced within 5 years after final payment by the LPA. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA, the DEPARTMENT, and their officers, employees from all suits, claims, actions or damages liabilities, costs or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. The ENGINEER and LPA certify that their respective firm or agency: (a) has not employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for the LPA or the ENGINEER) to solicit or secure this AGREEMENT, (b) has not agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or (c) has not paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for the LPA or the ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. (d) that neither the ENGINEER nor the LPA is/are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, (e) has not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, (f) are not presently indicated for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph e and (g) has not within a three-year period preceding this AGREEMENT had one or more public transaction (Federal, State or local) terminated for cause or default. Where the ENGINEER or LPA is unable to certify to any of the above statements in this certification, an explanation shall be attached to this AGREEMENT. 9. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no claim for damages shall be made by either party. Termination of the AGREEMENT or adjustment of the fee for the remaining services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within six months after the specified completion date. Examples of unforeseen causes include but are not limited to: acts of God or a public enemy; act of the LPA, DEPARTMENT, or other approving party not resulting from the ENGINEER's unacceptable services; fire; strikes; and floods. If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE, the ENGINEER shall apply in writing to the LPA for an extension of time. If approved, the PROJECT SCHEDULE shall be revised accordingly. 10. This certification is required by the Drug Free Workplace Act (30 ILCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to suspension of contract on grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for at least one (1) year but not more than (5) years. For the purpose of this certification, "grantee" or "Contractor" means a corporation, partnership or an entity with twenty-five (25) or more employees at the time of issuing the grant or a department, division or other unit thereof, directly responsible for the specific performance under contract or grant of $5,000 or more from the DEPARTMENT, as defined the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statue conviction for a violation occurring int he workplace no later than (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy of maintain a drug free workplace; 93 BLR 05530 (Rev. 07/08/22)Page 5 of 13Completed04/05/23 (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting, or granting agency within ten (10) days after receiving notice under part (b) of paragraph (3) of subsection (a) above from an employee or otherwise, receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program. (f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act, the ENGINEER, LPA and the Department agree to meet the PROJECT SCHEDULE outlined in EXHIBIT B. Time is of the essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the ENGINEER for future project. The ENGINEER will submit progress reports with each invoice showing work that was completed during the last reporting period and work they expect to accomplish during the following period. 11.Due to the physical location of the project, certain work classifications may be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.). 12. For Preliminary Engineering Contracts: (a) That tracing, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes, sketches, charts, CADD files, related electronic files, and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request to the LPA or to the DEPARTMENT, without restriction or limitation as to their use. Any re-use of these documents without the ENGINEER involvement shall be at the LPA's sole risk and will not impose liability upon the ENGINEER. (b) That all reports, plans, estimates and special provisions furnished by the ENGINEER shall conform to the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Manual or any other applicable requirements of the DEPARTMENT, it being understood that all such furnished documents shall be approved by the LPA and the DEPARTMENT before final acceptance. During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. AGREEMENT SUMMARY Prime Consultant (Firm) Name TIN/FEIN/SS Number Agreement Amount Baxter & Woodman, Inc.36-2845242 $155,900.00 Subconsultants TIN/FEIN/SS Number Agreement Amount Santacruz Associates, Ltd.36-3851733 $10,600.00 Soil and Material Consultants, Inc. 36-3094075 $1,381.00 Subconsultant Total $11,981.00 Prime Consultant Total $155,900.00 Total for all work $167,881.00 94 BLR 05530 (Rev. 07/08/22)Page 6 of 13Completed04/05/23 AGREEMENT SIGNATURES Executed by the LPA: Local Public Agency Type City Local Public Agency McHenry Local Public Agency Type City Clerk (SEAL) Title Executed by the ENGINEER: Prime Consultant (Firm) Name Baxter & Woodman, Inc. Title By (Signature & Date) Attest: The of Attest: Name of Local Public Agency McHenry Title By (Signature & Date) By (Signature & Date)By (Signature & Date) Associate Vice President Deputy Secretary 4/5/23 4/5/23 95 BLR 05530 (Rev. 07/08/22)Page 7 of 13 Section Number 18-00086-00-BR County McHenry Local Public Agency McHenry Completed04/05/23 Prime Consultant (Firm) Name Baxter & Woodman, Inc. To perform or be responsible for the performance of the engineering services for the LPA, in connection with the PROJECT herein before described and enumerated below EXHIBIT A SCOPE OF SERVICES FOR FEDERAL PARTICIPATION PROJECTS LOCATION: The project is located on Oakwood Drive within the City of McHenry, McHenry County. The Oakwood Drive structure over Boone Creek (S.N. 056-6600) is located approximately 250 south of Meadow Lane. PROJECT UNDERSTANDING: The Oakwood Drive structure consists of five corrugated steel culverts with sloped concrete headwalls. Due to poor condition and limited rehabilitation options, full replacement was proposed in the Phase I Study. The urban cross section roadway carries an average daily traffic of 1,150 (Year 2021). The cross section include sidewalk along both sides of the road from the structure and to the south. The work included in the Project consists of preparing Phase II design plans, specifications, and bidding documents. The Phase II design consists of completing design drawings and obtaining permits for the existing structure replacement to a three-cell concrete box culvert structure. Coordination with property owners and regulatory agencies initiated in Phase I Study will continue during Phase II design. The Project will utilize federal STP-Bridge funding and be processed through the IDOT District 1 Bureau of Local Roads and Streets. SCOPE OF SERVICES: 1. COORDINATION AND DATA COLLECTION 1.1 Data Collection: Obtain, review, and evaluate the following information provided by the City for use in design: A. Preliminary Design CADD files B. Phase I Documentation and Project Development Report C. Utility Atlases D. Existing Roadway and Structure Plans with Inspection Reports E. GIS Shape files surrounding the project limits F. Aerial Photography G. Environmental Studies H. Maintenance and Flooding Records I. Drainage Studies J. Hydraulic and Hydrologic Information and Calculations K. Geotechnical Data L. ROW, GIS, and property data 1.2 Agency Coordination: Prepare and maintain the Project Program Information (PPI) and Project Update forms, and coordinate the status of the Project with the McHenry County Council of Mayors. 1.3 Utility Coordination: Contact JULIE to identify utilities that have facilities along the project limits with a design stage ticket. Request updated utility atlas maps, and update plot locations and sizes of existing utilities in electronic drawings. 96 BLR 05530 (Rev. 07/08/22)Page 8 of 13 Section Number 18-00086-00-BR County McHenry Local Public Agency McHenry Completed04/05/23 Prime Consultant (Firm) Name Baxter & Woodman, Inc. 2. GEOTECHNICAL INVESTIGATION 2.1. IDOT Comment Review: A. Utilize SMC to review and respond to IDOT comments on geotechnical investigations and design of the proposed structure. B. Pavement cores, soil borings, structural borings, and topsoil depths will not be obtained during Phase II of this project. The Phase I Study geotechnical report will be reviewed and analyzed for the Phase II design. 2.2. Clean Construction or Demolition Debris (CCDD): Obtain geotechnical services for completing IEPA Form 663, including CCDD screening, testing, and subsurface investigation. 3. ENVIRONMENTAL COORDINATION AND PERMITTING 3.1. Permit Agency Early Coordination: Initiate coordination with the following regulatory agencies to obtain preliminary design comments: A. McHenry Soil and Water Conservation District B. US Army Corps of Engineers (ACOE) C. Illinois Environmental Protection Agency (IEPA) D. City of McHenry Community and Economic Development 3.2. Wetland Banking Agreement: Assist the City with mitigating wetland impacts through the use of wetland banking. Facilitate preparation and execution of a wetland banking credit purchase agreement. Wetland banking fees are included within this agreement. 3.3. Clean Water Act Permit: Prepare a Joint Application to the U.S. Army Corps of Engineers (USACE) for work within Waters of the United States. Processing is anticipated under the jurisdiction of the USACE Nationwide Permit #14 – Linear Transportation. Agency review fees are not anticipated or included within this agreement. 3.4. Erosion Control Plan Signoff: Approval of the Soil Erosion and Sediment Control (SESC) Plan from the McHenry Soil and Water Conservation District (SWCD) is anticipated to be required. Make submittal to SWCD to secure signoff. Agency review fees are included within this agreement. 3.5. Illinois Department of Natural Resources – Office of Water Resources (IDNR-OWR) Floodway Permitting: Coordinate with IDOT to obtain the floodway construction permit from the IDNR-OWR. Agency review fees are not included within this agreement. 3.6. County Stormwater Ordinance: Coordinate and obtain a stormwater permit from City of McHenry Community and Economic Development proposed drainage improvements. The City will review plans as a certified community for compliance with the County stormwater regulations. 3.7. NPDES, SWPPP, IEPA: Complete SWPPP and NOI and obtain NPDES permit from IEPA. Agency review fees are not anticipated or included within this agreement. 4. LAND ACQUISITION 4.1. Plat of Highways: Perform legal surveys and develop plats, legal descriptions, and title commitments for a maximum of two (2) adjacent parcels of land to be acquired for R.O.W., permanent easements, or temporary construction easements. 97 BLR 05530 (Rev. 07/08/22)Page 9 of 13 Section Number 18-00086-00-BR County McHenry Local Public Agency McHenry Completed04/05/23 Prime Consultant (Firm) Name Baxter & Woodman, Inc. 4.2. Appraisals: Employ a real-estate appraiser certified by the IDOT to prepare a comparable land sales analysis and appraisals for parcels of land to be acquired for right-of-way, permanent easements, or temporary construction easements. 4.3. Negotiations: Employ a negotiator certified by IDOT to negotiate the sale of parcels of land to be acquired for right-of-way, permanent easements, or temporary construction easements. Provide support to the City during the ROW acquisition process. 5. PLAN PREPARATION 5.1. Estimate of Cost and Time: Prepare summary of quantities, estimate of time, schedules of materials and an engineer’s estimate of cost. 5.2. Specifications: Prepare special provisions in accordance with City guidelines to specify items not covered by the Standard Specifications for Road and Bridge Construction. 5.3. Roadway Design: Prepare plan and profile sheets for the roadway design including improvement limits, stations and offset callouts, define bridge approach pavement connector limits, label construction limit locations and right of way breaks, curb and gutter and sidewalk improvements, driveway repairs, utility structure adjustments, pavement marking, and note special instructions to the Contractor. Separate removal sheets will be prepared for this project. 5.4. Drainage and Utilities Design: Prepare the storm sewer design for the proposed improvements. It is assumed that the project outfalls shown in the Phase I study will be maintained and not modified as part of this project. 5.5. Maintenance of Traffic: Complete a design of the detour. Prepare maintenance of traffic notes and schematic to provide local traffic flow around the construction zone. Confer with City staff, emergency services, and public transportation agencies to consider local impacts and concerns. 5.6. Erosion Control Plans: Prepare an erosion control plan for the improvement. 5.7. Structural Plans: Design the proposed structure in accordance with the approved TS&L drawings, IDOT Culvert Manual, and IDOT Bridge Manual including structural engineering plans, details, and special provisions. Submit final structure plans to IDOT District One Bureau of Local Roads and Streets for approval. 5.8. Water Main Design: Design the proposed water main to be in compliance with Illinois Environmental Protection rules and obtain IEPA permit for construction and to avoid existing utilities. The water main plans will include existing and proposed alignments, and locations of proposed valves and connections to existing mains. Agency review fees are included within this agreement. 5.9. Cross Section Design: Design roadway cross sections at 50-foot intervals, driveways and cross-road culverts. Compute earthwork calculations. Stage construction earthwork calculations are not anticipated. 5.10. Detailed Drawings: Complete required plan sheets required for bidding including: Cover, General Notes, Summary of Quantities, Typical Sections, Erosion Control, Removals, Plan and Profile, Pavement Markings, Landscaping, Design Details, and Cross Sections. 5.11. Utility Relocation Coordination: Submit preliminary and final plans to utility companies so conflicts and relocation efforts can be identified. Provide ongoing reviews of permitting and utility relocation efforts as 98 BLR 05530 (Rev. 07/08/22)Page 10 of 13 Section Number 18-00086-00-BR County McHenry Local Public Agency McHenry Completed04/05/23 Prime Consultant (Firm) Name Baxter & Woodman, Inc. requested by the City. Prepare “Status of Utilities to be Adjusted” special provision in accordance with IDOT District 1 requirements, which provides the contractor with the duration of utility relocation work, status of utilities to be watched and protected within the project limits, and pertinent information for the contractor to develop a work schedule to meet the requirements for the project. 6. QA/QC - Perform in-house peer and milestone reviews by senior staff during project initiation, conceptual review, preliminary, pre-final, and final submittals. Provide ongoing reviews of permitting and utility coordination efforts. Conduct milestone reviews of subconsultants and provide feedback throughout the progress of work. 7. ASSIST BIDDING - Provide design assistance and clarification for bid documents. Assist the City with coordination and scheduling during the bid process. Submit bidding documents to IDOT for bidding through the IDOT Transportation Bulletin and prepare addendums as necessary. 8. PROJECT MEETINGS – The following meetings are anticipated for this project: • City of McHenry (3 total) (Preliminary, Pre-final, and Final) • IDOT (2) (Kickoff and Review) • IDOT Detour Committee Meeting (1) • IDOT/FHWA Coordination Meeting (1) 9. PROJECT MANAGEMENT – Plan, schedule, and control the activities that must be performed to complete the project including budget, schedule, and scope. Coordinate with City and project team to ensure the goals of the project are achieved. Prepare and submit monthly invoices, coordinate invoices from sub-consultants, and provide a monthly status report via email describing tasks completed the previous month and outlining goals for the subsequent month. 10. PROJECT DELIVERABLES – The following is a list of anticipated final deliverables to the City for this project: • Electronic DGN, Geopak, Digital Photos, and GIS files used in project development including Plan, Profiles, Cross Sections, and Exhibits. • Electronic Record of Design files including agency correspondence, Estimates, Exhibits, and related electronic submittals (pdf or as appropriate). Baxter & Woodman utilizes an electronic filing system in lieu of hard copies. 99 BLR 05530 (Rev. 07/08/22)Page 11 of 13 Section Number 18-00086-00-BR County McHenry Local Public Agency McHenry Completed04/05/23 Prime Consultant (Firm) Name Baxter & Woodman, Inc. EXHIBIT B PROJECT SCHEDULE Notice to Proceed: 5/1/2023 Pre-Final Plans: 11/15/2024 Final PS&E and Draft Agreement: 1/20/2025 Final CE, RR, and Funding Agreements: 3/3/2025 ROW Certified: 3/19/2025 Service Bulletin: 3/24/2025 Letting: 4/25/2025 100 BLR 05530 (Rev. 07/08/22)Page 12 of 13 Section Number 18-00086-00-BR County McHenry Local Public Agency McHenry Completed04/05/23 Prime Consultant (Firm) Name Baxter & Woodman, Inc. Exhibit C Qualification Based Selection (QBS) Checklist The LPA must complete Exhibit D. If the value meets or will exceed the threshold in 50 ILCS 510, QBS requirements must be followed. Under the threshold, QBS requirements do not apply. The threshold is adjusted annually. If the value is under the threshold with federal funds being used, federal small purchase guidelines must be followed. Form Not Applicable (engineering services less than the threshold) Items 1-13 are required when using federal funds and QBS process is applicable. Items 14-16 are required when using State funds and the QBS process is applicable. No Yes 1 Do the written QBS policies and procedures discuss the initial administration (procurement, management and administration) concerning engineering and design related consultant services? 2 Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and specifically Section 5-5.06 (e) of the BLRS Manual? 3 Was the scope of services for this project clearly defined? 4 Was public notice given for this project? If yes Due date of submittal 08/17/22 Method(s) used for advertisement and dates of advertisement City Website 5 Do the written QBS policies and procedures cover conflicts of interest? 6 Do the written QBS policies and procedures use covered methods of verification for suspension and debarment? 7 Do the written QBS policies and procedures discuss the methods of evaluation? Project Criteria Weighting Project Understanding and Approach 50% Disadvantaged Business Enterprise 5% Local Presence 5% Relevant Experience 25% Firm/Subconsultant Capabilities 15% 8 Do the written QBS policies and procedures discuss the method of selection? Selection committee (titles) for this project Top three consultants ranked for this project in order 1 Baxter & Woodman, Inc. 2 DLZ 3 IMEG 9 Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? 10 Were negotiations for this project performed in accordance with federal requirements. 11 Were acceptable costs for this project verified? 12 Do the written QBS policies and procedures cover review and approving for payment, before forwarding the request for reimbursement to IDOT for further review and approval? 13 Do the written QBS policies and procedures cover ongoing and finalizing administration of the project (monitoring, evaluation, closing-out a contract, records retention, responsibility, remedies to violations or breaches to a contract, and resolution of disputes)? 14 QBS according to State requirements used? 15 Existing relationship used in lieu of QBS process? 101 BLR 05530 (Rev. 07/08/22)Page 13 of 13 Section Number 18-00086-00-BR County McHenry Local Public Agency McHenry Completed04/05/23 Prime Consultant (Firm) Name Baxter & Woodman, Inc. 16 LPA is a home rule community (Exempt from QBS). 102 Local Public Agency County Section Number Prime Consultant (Firm) Name Prepared By Date Consultant / Subconsultant Name Job Number Remarks CONTRACT TERM 24 MONTHS OVERHEAD RATE 154.30% START DATE 5/1/2023 COMPLEXITY FACTOR RAISE DATE 1/1/2024 % OF RAISE 2.00% END DATE 4/30/2025 Year First Date Last Date Months % of Contract 0 5/1/2023 1/1/2024 8 33.33% 1 1/2/2024 1/1/2025 12 51.00% 2 1/2/2025 5/1/2025 4 17.34% The total escalation =1.67% ESCALATION PER YEAR PAYROLL ESCALATION TABLE EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE McHenry McHenry 18-00086-00-BR Baxter & Woodman, Inc.Joshua S. Harris, P.E., PTOE 3/31/2023 Baxter & Woodman D-91-180-19 Note: This is name of the consultant the CECS is being completed for. This name appears at the top of each tab. Printed 3/31/2023 12:18 PM Page 1 of 10 BLR 05514 (Rev. 02/09/23) ESCALATION 190202.40 103 Local Public Agency County Section Number McHenry 18-00086-00-BR Consultant / Subconsultant Name Job Number D-91-180-19 MAXIMUM PAYROLL RATE 86.00 ESCALATION FACTOR 1.67% IDOT CLASSIFICATION PAYROLL RATES CALCULATED RATE ON FILE Executive Vice President $78.00 $79.31 Vice President $76.25 $77.53 Engineer VII $68.68 $69.83 Engineer VI $68.56 $69.71 Engineer V $61.11 $62.13 Engineer IV $51.45 $52.31 Engineer III $42.89 $43.61 Engineer II $37.57 $38.20 Engineer I $32.25 $32.79 Environ. Scientist V $57.88 $58.85 Environ. Scientist II $36.75 $37.36 Natural Resources Mngr.$52.00 $52.87 Engineer Tech V $54.06 $54.96 Engineer Tech IV $47.25 $48.04 Engineer Tech III $38.25 $38.89 Engineer Tech II $29.00 $29.49 Engineer Tech I $25.15 $25.57 Spatial Tech. Manager $62.00 $63.04 Spatial Tech. Prof. III $45.38 $46.14 Spatial Tech. Prof. II $34.50 $35.08 Survey Manager $48.00 $48.80 Surveyor, Project $38.00 $38.64 Survey Tech.$27.00 $27.45 CADD Technician III $44.75 $45.50 Marketing Prof. IV $43.50 $44.23 Marketing Prof. III $36.50 $37.11 Admin. Support IV $40.75 $41.43 EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE PAYROLL RATES McHenry Baxter & Woodman Printed 3/31/2023 12:18 PM Page 2 of 10 BLR 05514 (Rev. 02/09/23) RATES 104 Local Public Agency County Section Number McHenry McHenry 18-00086-00-BR Consultant / Subconsultant Name Job Number D-91-180-19 NAME Direct Labor Total Contribution to Prime Consultant Soil & Material Consultants, Inc.496.00 49.60 Total 496.00 49.60 Baxter & Woodman NOTE: Only subconsultants who fill out a cost estimate that splits out direct labor may be listed on this sheet. SUBCONSULTANTS EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET Printed 3/31/2023 12:18 PM Page 3 of 10 BLR 05514 (Rev. 02/09/23) SUBS 105 Local Public Agency County Section Number Consultant / Subconsultant Name Job Number QUANTITY CONTRACT RATE TOTAL $0.00 $0.00 $0.00 763 $0.66 $499.77 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 7 $50.00 $350.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 $325.00 $1,300.00 $0.00 $0.00 2 $650.00 $1,300.00 0.093 $130,000.00 $12,090.00 1 $3,315.00 $3,315.00 1 $240.00 $240.00 $19,094.77TOTAL DIRECT COSTS: Wetland Banking Fees Actual cost SESC Permit Application Fee Actual Cost IEPA Permit Application Fee Actual Cost Lab Services Actual Cost (Provide breakdown of each cost) Equipment and/or Specialized Equipment Rental Actual Cost (Requires 2-3 quotes with IDOT approval) Title Commitments Actual cost Aerial Photography and Mapping Actual Cost (Requires 2-3 quotes with IDOT approval) Utliity Exploratory Trenching Actual Cost (Requires 2-3 quotes with IDOT approval) Testing of Soil Samples Actual Cost Courthouse Fees Actual Cost Storm Sewer Cleaning and Televising Actual Cost (Requires 2-3 quotes with IDOT approval) Traffic Control and Protection Actual Cost (Requires 2-3 quotes with IDOT approval) Public Meeting Exhibits/Renderings & Equipment Actual Cost (Submit supporting documentation) Recording Fees Actual Cost Transcriptions (specific to project)Actual Cost Web Site Actual Cost (Submit supporting documentation) Advertisements Actual Cost (Submit supporting documentation) Public Meeting Facility Rental Actual Cost (Submit supporting documentation) 2-Way Radio (Survey or Phase III Only)Actual Cost Telephone Usage (Traffic System Monitoring Only) Actual Cost CADD Actual Cost (Max $15/hour) Project Specific Insurance Actual Cost Monuments (Permanent)Actual Cost Photo Processing Actual Cost Overnight Delivery/Postage/Courier Service Actual Cost (Submit supporting documentation) Copies of Deliverables/Mylars (In-house)Actual Cost (Submit supporting documentation) Copies of Deliverables/Mylars (Outside)Actual Cost (Submit supporting documentation) Parking Actual Cost Overtime Premium portion (Submit supporting documentation) Shift Differential Actual Cost (Based on firm's policy) Vehicle Owned or Leased $32.50/half day (4 hours or less) or $65/full day Vehicle Rental Actual Cost (Up to $55/day) Tolls Actual Cost Lodging Taxes and Fees (per GOVERNOR'S TRAVEL CONTROL BOARD)Actual Cost Air Fare Coach rate, actual cost, requires minimum two weeks' notice, with prior IDOT approval Vehicle Mileage (per GOVERNOR'S TRAVEL CONTROL BOARD)Up to state rate maximum List ALL direct costs required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA on this project. EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET ITEM ALLOWABLE Lodging (per GOVERNOR'S TRAVEL CONTROL BOARD) Actual Cost (Up to state rate maximum) DIRECT COSTS WORKSHEET McHenry McHenry 18-00086-00-BR Baxter & Woodman D-91-180-19 Printed 3/31/2023 12:18 PM Page 4 of 10 BLR 05514 (Rev. 02/09/23) DIRECT COSTS 106 Local Public Agency County Section Number Consultant / Subconsultant Name Job Number OVERHEAD RATE 154.30%0 TASK DIRECT COSTS (not included in row totals)STAFF HOURS PAYROLL OVERHEAD & FRINGE BENEFITS FIXED FEE SERVICES BY OTHERS TOTAL % OF GRAND TOTAL Data Collection 8 320 494 106 920 0.55% Agency Coordination 4 209 323 69 601 0.36% Utility Coordination 8 335 517 110 962 0.57% IDOT Comment Review 2 139 215 46 1,381 1,781 1.06% Clean Construction or Demolition Debris 1,325 16 641 989 211 1,841 1.10% Permit Agency Early Coordination 12 593 915 196 1,704 1.02% Wetland Banking Agreement 12,090 12 515 794 170 1,479 0.88% Clean Water Act Permit 40 1,779 2,745 587 5,111 3.04% Erosion Control Plan Signoff 3,315 12 558 861 184 1,603 0.95% IDNR-OWR Floodway Permitting 2 105 161 35 301 0.18% County Stormwater Ordinance 24 973 1,502 321 2,796 1.67% NPDES, SWPPP, IEPA 16 668 1,030 220 1,918 1.14% Land Acquisition 1,300 32 1,674 2,583 552 10,600 15,409 9.18% Estimate of Cost and Time 24 1,095 1,689 361 3,145 1.87% Specifications 40 1,805 2,786 596 5,187 3.09% Roadway Design 32 1,357 2,094 448 3,899 2.32% Drainage and Utilities Design 32 1,257 1,940 415 3,612 2.15% Maintenance of Traffic 20 813 1,255 268 2,336 1.39% Erosion Control Plans 8 334 515 110 959 0.57% Structural Plans 330 19,629 30,288 6,478 56,395 33.59% Water Main Design 240 18 835 1,288 275 2,398 1.43% Cross Section Design 48 1,990 3,071 657 5,718 3.41% Detailed Drawings 44 1,744 2,691 575 5,010 2.98% Utility Relocation Design 12 536 828 177 1,541 0.92% QA/QC 16 1,179 1,819 389 3,387 2.02% Assist Bidding 14 585 902 193 1,680 1.00% Project Meetings 475 52 3,138 4,841 1,035 9,014 5.37% Project Management 350 48 2,791 4,307 921 8,019 4.78% - - - - Subconsultant DL $49.60 0.03% Direct Costs Total ===>$19,094.77 $19,094.77 11.37% TOTALS 926 47,597 73,443 15,705 11,981 167,871 100.00% 121,040 COMPLEXITY FACTOR McHenry McHenry 18-00086-00-BR EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET COST ESTIMATE WORKSHEET Baxter & Woodman D-91-180-19 Printed 3/31/2023 12:18 PM Page 5 of 10 BLR 05514 (Rev. 02/09/23) COST EST 107 Local Public Agency County Section Number Consultant / Subconsultant Name Job Number AVERAGE HOURLY PROJECT RATES SHEET 1 OF 5 PAYROLL AVG TOTAL PROJ. RATES HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Executive Vice President 79.31 0.0 Vice President 77.53 8.0 0.86% 0.67 Engineer VII 69.83 24.0 2.59% 1.81 Engineer VI 69.71 230.0 24.84% 17.31 2 100.00% 69.71 Engineer V 62.13 0.0 Engineer IV 52.31 188.0 20.30% 10.62 4 100.00% 52.31 Engineer III 43.61 252.0 27.21% 11.87 Engineer II 38.20 140.0 15.12% 5.78 6 75.00% 28.65 4 50.00% 19.10 Engineer I 32.79 0.0 Environ. Scientist V 58.85 2.0 0.22% 0.13 2 12.50% 7.36 Environ. Scientist II 37.36 14.0 1.51% 0.56 14 87.50% 32.69 Natural Resources Mngr. 52.87 0.0 Engineer Tech V 54.96 0.0 Engineer Tech IV 48.04 0.0 Engineer Tech III 38.89 0.0 Engineer Tech II 29.49 0.0 Engineer Tech I 25.57 32.0 3.46% 0.88 Spatial Tech. Manager 63.04 0.0 Spatial Tech. Prof. III 46.14 0.0 Spatial Tech. Prof. II 35.08 0.0 Survey Manager 48.80 0.0 Surveyor, Project 38.64 0.0 Survey Tech.27.45 0.0 CADD Technician III 45.50 36.0 3.89% 1.77 2 25.00% 11.37 4 50.00% 22.75 Marketing Prof. IV 44.23 0.0 Marketing Prof. III 37.11 0.0 Admin. Support IV 41.43 0.0 TOTALS 926.0 100% $51.40 8.0 100.00% $40.02 4.0 100% $52.31 8.0 100% $41.85 2.0 100% $69.71 16.0 100% $40.05 EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET 18-00086-00-BRMcHenryMcHenry Data Collection Agency Coordination Utility Coordination IDOT Comment Review Clean Construction or Demolition Debris Baxter & Woodman D-91-180-19 Printed 3/31/2023 12:18 PM Page 6 of 10 BLR 05514 (Rev. 02/09/23) AVG 1 108 Local Public Agency County Section Number Consultant / Subconsultant Name Job Number AVERAGE HOURLY PROJECT RATES SHEET 2 OF 5 PAYROLL AVG HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Executive Vice President 79.31 Vice President 77.53 Engineer VII 69.83 Engineer VI 69.71 Engineer V 62.13 Engineer IV 52.31 8 66.67% 34.87 4 33.33% 17.44 4 10.00% 5.23 4 33.33% 17.44 2 100.00% 52.31 4 16.67% 8.72 Engineer III 43.61 4 33.33% 14.54 36 90.00% 39.25 8 66.67% 29.07 Engineer II 38.20 8 66.67% 25.47 20 83.33% 31.83 Engineer I 32.79 Environ. Scientist V 58.85 Environ. Scientist II 37.36 Natural Resources Mngr. 52.87 Engineer Tech V 54.96 Engineer Tech IV 48.04 Engineer Tech III 38.89 Engineer Tech II 29.49 Engineer Tech I 25.57 Spatial Tech. Manager 63.04 Spatial Tech. Prof. III 46.14 Spatial Tech. Prof. II 35.08 Survey Manager 48.80 Surveyor, Project 38.64 Survey Tech.27.45 CADD Technician III 45.50 Marketing Prof. IV 44.23 Marketing Prof. III 37.11 Admin. Support IV 41.43 TOTALS 12.0 100% $49.41 12.0 100% $42.90 40.0 100% $44.48 12.0 100% $46.51 2.0 100% $52.31 24.0 100% $40.55 EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET McHenry 18-00086-00-BRMcHenry County Stormwater Ordinance Permit Agency Early Coordination Wetland Banking Agreement Clean Water Act Permit Erosion Control Plan Signoff IDNR-OWR Floodway Permitting D-91-180-19Baxter & Woodman Printed 3/31/2023 12:18 PM Page 7 of 10 BLR 05514 (Rev. 02/09/23) AVG 2 109 Local Public Agency County Section Number Consultant / Subconsultant Name Job Number AVERAGE HOURLY PROJECT RATES SHEET 3 OF 5 PAYROLL AVG HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Executive Vice President 79.31 Vice President 77.53 Engineer VII 69.83 Engineer VI 69.71 2 8.33% 5.81 2 5.00% 3.49 Engineer V 62.13 Engineer IV 52.31 4 25.00% 13.08 32 100.00% 52.31 2 8.33% 4.36 6 15.00% 7.85 8 25.00% 13.08 4 12.50% 6.54 Engineer III 43.61 16 66.67% 29.07 24 60.00% 26.16 8 25.00% 10.90 Engineer II 38.20 12 75.00% 28.65 4 16.67% 6.37 8 20.00% 7.64 8 25.00% 9.55 20 62.50% 23.87 Engineer I 32.79 Environ. Scientist V 58.85 Environ. Scientist II 37.36 Natural Resources Mngr. 52.87 Engineer Tech V 54.96 Engineer Tech IV 48.04 Engineer Tech III 38.89 Engineer Tech II 29.49 Engineer Tech I 25.57 4 12.50% 3.20 4 12.50% 3.20 Spatial Tech. Manager 63.04 Spatial Tech. Prof. III 46.14 Spatial Tech. Prof. II 35.08 Survey Manager 48.80 Surveyor, Project 38.64 Survey Tech.27.45 CADD Technician III 45.50 4 12.50% 5.69 4 12.50% 5.69 Marketing Prof. IV 44.23 Marketing Prof. III 37.11 Admin. Support IV 41.43 TOTALS 16.0 100% $41.73 32.0 100% $52.31 24.0 100% $45.61 40.0 100% $45.14 32.0 100% $42.41 32.0 100% $39.30 EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET 18-00086-00-BRMcHenryMcHenry Drainage and Utilities DesignNPDES, SWPPP, IEPA Land Acquisition Estimate of Cost and Time Specifications Roadway Design Baxter & Woodman Printed 3/31/2023 12:18 PM Page 8 of 10 BLR 05514 (Rev. 02/09/23) AVG 3 110 Local Public Agency County Section Number Consultant / Subconsultant Name Job Number AVERAGE HOURLY PROJECT RATES SHEET 4 OF 5 PAYROLL AVG HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Executive Vice President 79.31 Vice President 77.53 Engineer VII 69.83 Engineer VI 69.71 200 60.61% 42.25 Engineer V 62.13 Engineer IV 52.31 4 20.00% 10.46 2 25.00% 13.08 14 77.78% 40.69 8 16.67% 8.72 8 18.18% 9.51 Engineer III 43.61 8 40.00% 17.44 120 36.36% 15.86 12 25.00% 10.90 8 18.18% 7.93 Engineer II 38.20 4 20.00% 7.64 6 75.00% 28.65 20 41.67% 15.92 8 18.18% 6.95 Engineer I 32.79 Environ. Scientist V 58.85 Environ. Scientist II 37.36 Natural Resources Mngr. 52.87 Engineer Tech V 54.96 Engineer Tech IV 48.04 Engineer Tech III 38.89 Engineer Tech II 29.49 Engineer Tech I 25.57 4 20.00% 5.11 4 22.22% 5.68 4 8.33% 2.13 12 27.27% 6.97 Spatial Tech. Manager 63.04 Spatial Tech. Prof. III 46.14 Spatial Tech. Prof. II 35.08 Survey Manager 48.80 Surveyor, Project 38.64 Survey Tech.27.45 CADD Technician III 45.50 10 3.03% 1.38 4 8.33% 3.79 8 18.18% 8.27 Marketing Prof. IV 44.23 Marketing Prof. III 37.11 Admin. Support IV 41.43 TOTALS 20.0 100% $40.66 8.0 100% $41.73 330.0 100% $59.48 18.0 100% $46.37 48.0 100% $41.46 44.0 100% $39.63 EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET 18-00086-00-BRMcHenryMcHenry Detailed DrawingsCross Section DesignMaintenance of Traffic Erosion Control Plans Structural Plans Water Main Design Baxter & Woodman Printed 3/31/2023 12:18 PM Page 9 of 10 BLR 05514 (Rev. 02/09/23) AVG 4 111 Local Public Agency County Section Number Consultant / Subconsultant Name Job Number AVERAGE HOURLY PROJECT RATES SHEET 5 OF 5 PAYROLL AVG HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Executive Vice President 79.31 Vice President 77.53 8 50.00% 38.76 Engineer VII 69.83 8 50.00% 34.91 16 33.33% 23.28 Engineer VI 69.71 24 46.15% 32.17 Engineer V 62.13 Engineer IV 52.31 4 33.33% 17.44 2 14.29% 7.47 28 53.85% 28.17 32 66.67% 34.87 Engineer III 43.61 4 33.33% 14.54 4 28.57% 12.46 Engineer II 38.20 4 33.33% 12.73 8 57.14% 21.83 Engineer I 32.79 Environ. Scientist V 58.85 Environ. Scientist II 37.36 Natural Resources Mngr. 52.87 Engineer Tech V 54.96 Engineer Tech IV 48.04 Engineer Tech III 38.89 Engineer Tech II 29.49 Engineer Tech I 25.57 Spatial Tech. Manager 63.04 Spatial Tech. Prof. III 46.14 Spatial Tech. Prof. II 35.08 Survey Manager 48.80 Surveyor, Project 38.64 Survey Tech.27.45 CADD Technician III 45.50 Marketing Prof. IV 44.23 Marketing Prof. III 37.11 Admin. Support IV 41.43 TOTALS 12.0 100% $44.71 16.0 100% $73.68 14.0 100% $41.76 52.0 100% $60.34 48.0 100% $58.15 0.0 0% $0.00 EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET 18-00086-00-BRMcHenryMcHenry Utility Relocation Design QA/QC Assist Bidding Project Meetings Project Management Baxter & Woodman Printed 3/31/2023 12:18 PM Page 10 of 10 BLR 05514 (Rev. 02/09/23) AVG 5 112 Local Public Agency County Section Number Prime Consultant (Firm) Name Prepared By Date Consultant / Subconsultant Name Job Number Remarks CONTRACT TERM 24 MONTHS OVERHEAD RATE 145.44% START DATE 5/1/2023 COMPLEXITY FACTOR RAISE DATE 1/1/2024 % OF RAISE 2.00% END DATE 4/30/2025 Year First Date Last Date Months % of Contract 0 5/1/2023 1/1/2024 8 33.33% 1 1/2/2024 1/1/2025 12 51.00% 2 1/2/2025 5/1/2025 4 17.34% The total escalation =1.67% Soil & Material Consultants, Inc. ESCALATION PER YEAR PAYROLL ESCALATION TABLE EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE McHenry McHenry 18-00086-00-BR Baxter & Woodman, Inc.3/31/2023 D-91-180-19 Note: This is name of the consultant the CECS is being completed for. This name appears at the top of each tab. Thomas Johnson, P.E. Printed 4/5/2023 9:07 AM Page 1 of 5 BLR 05514 (Rev. 02/09/23) ESCALATION EXHIBIT E 113 Local Public Agency County Section Number McHenry 18-00086-00-BR Consultant / Subconsultant Name Job Number D-91-180-19 MAXIMUM PAYROLL RATE 86.00 ESCALATION FACTOR 1.67% IDOT CLASSIFICATION PAYROLL RATES CALCULATED RATE ON FILE Senior Engineer $60.93 $61.95 EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE PAYROLL RATES McHenry Soil & Material Consultants, Inc. Printed 4/5/2023 9:07 AM Page 2 of 5 BLR 05514 (Rev. 02/09/23) RATES 114 Local Public Agency County Section Number Consultant / Subconsultant Name Job Number QUANTITY CONTRACT RATE TOTAL $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 DIRECT COSTS WORKSHEET McHenry McHenry 18-00086-00-BR Soil & Material Consultants, Inc.D-91-180-19 List ALL direct costs required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA on this project. EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET ITEM ALLOWABLE Lodging (per GOVERNOR'S TRAVEL CONTROL BOARD) Actual Cost (Up to state rate maximum) Lodging Taxes and Fees (per GOVERNOR'S TRAVEL CONTROL BOARD)Actual Cost Air Fare Coach rate, actual cost, requires minimum two weeks' notice, with prior IDOT approval Vehicle Mileage (per GOVERNOR'S TRAVEL CONTROL BOARD)Up to state rate maximum Vehicle Owned or Leased $32.50/half day (4 hours or less) or $65/full day Vehicle Rental Actual Cost (Up to $55/day) Tolls Actual Cost Parking Actual Cost Overtime Premium portion (Submit supporting documentation) Shift Differential Actual Cost (Based on firm's policy) Overnight Delivery/Postage/Courier Service Actual Cost (Submit supporting documentation) Copies of Deliverables/Mylars (In-house)Actual Cost (Submit supporting documentation) Copies of Deliverables/Mylars (Outside)Actual Cost (Submit supporting documentation) Project Specific Insurance Actual Cost Monuments (Permanent)Actual Cost Photo Processing Actual Cost 2-Way Radio (Survey or Phase III Only)Actual Cost Telephone Usage (Traffic System Monitoring Only) Actual Cost CADD Actual Cost (Max $15/hour) Web Site Actual Cost (Submit supporting documentation) Advertisements Actual Cost (Submit supporting documentation) Public Meeting Facility Rental Actual Cost (Submit supporting documentation) Public Meeting Exhibits/Renderings & Equipment Actual Cost (Submit supporting documentation) Recording Fees Actual Cost Transcriptions (specific to project)Actual Cost Courthouse Fees Actual Cost Storm Sewer Cleaning and Televising Actual Cost (Requires 2-3 quotes with IDOT approval) Traffic Control and Protection Actual Cost (Requires 2-3 quotes with IDOT approval) Aerial Photography and Mapping Actual Cost (Requires 2-3 quotes with IDOT approval) Utliity Exploratory Trenching Actual Cost (Requires 2-3 quotes with IDOT approval) Testing of Soil Samples Actual Cost Lab Services Actual Cost (Provide breakdown of each cost) Equipment and/or Specialized Equipment Rental Actual Cost (Requires 2-3 quotes with IDOT approval) Title Commitments Actual cost TOTAL DIRECT COSTS: Wetland Banking Fees Actual cost SESC Permit Application Fee Actual Cost IEPA Permit Application Fee Actual CostPrinted 4/5/2023 9:07 AM Page 3 of 5 BLR 05514 (Rev. 02/09/23) DIRECT COSTS 115 Local Public Agency County Section Number Consultant / Subconsultant Name Job Number OVERHEAD RATE 145.44%0 TASK DIRECT COSTS (not included in row totals)STAFF HOURS PAYROLL OVERHEAD & FRINGE BENEFITS FIXED FEE SERVICES BY OTHERS TOTAL % OF GRAND TOTAL IDOT Comment Review 8 496 721 164 1,381 100.00% - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Subconsultant DL $0.00 Direct Costs Total ===>$0.00 $0.00 TOTALS 8 496 721 164 - 1,381 100.00% 1,217 COMPLEXITY FACTOR McHenry McHenry 18-00086-00-BR EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET COST ESTIMATE WORKSHEET Soil & Material Consultants, Inc.D-91-180-19 Printed 4/5/2023 9:07 AM Page 4 of 5 BLR 05514 (Rev. 02/09/23) COST EST 116 Local Public Agency County Section Number Consultant / Subconsultant Name Job Number AVERAGE HOURLY PROJECT RATES SHEET 1 OF 1 PAYROLL AVG TOTAL PROJ. RATES HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Senior Engineer 61.95 8.0 100.00% 61.95 8 100.00% 61.95 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTALS 8.0 100% $61.95 8.0 100.00% $61.95 0.0 0% $0.00 0.0 0% $0.00 0.0 0% $0.00 0.0 0% $0.00 EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET 18-00086-00-BRMcHenryMcHenry IDOT Comment Review Soil & Material Consultants, Inc.D-91-180-19 Printed 4/5/2023 9:07 AM Page 5 of 5 BLR 05514 (Rev. 02/09/23) AVG 1 117 H PROPOSAL FOR LAND ACQUISITION SERVICES Project 222 Northfield Road · Suite 201 Northfield, IL 60093 www.santacruz-associates.com Contact: Javier Steve Santacruz 847-868-9620 javier@santacruz-associates.com City of McHenry Baxter & Woodman, Inc. EXHIBIT F 118 EXECUTIVE SUMMARY Having extensive experience with right of way projects, we understand the importance of keeping on schedule. On-time lettings gives the City of McHenry, the Local Public Agency (“LPA”) the best use of its resources and strengthens the efficiencies in the implementation of its roadway improvement program. To achieve your goals, it is critical that your land acquisition consultant understands the importance and addresses three critical issues in your acquisition of right of way: Deliver the right of way on-time to meet the letting Manage the acquisition risks, including the cost of condemnation litigation Compliance with land acquisition policies and procedures and FWHA policies that effect the certification and funding of your project. CRITICAL ISSUE 1: DELIVER THE RIGHT-OF-WAY ON-TIME TO MEET LETTING Delivery of right of way on-time keeps the project on its letting schedule. We understand that nothing is more important to the LPA. Santacruz Land Acquisitions knows delays can impact the project budget, cause scheduling conflicts with potential contractors and affect other economic factors which govern the delivery of the overall infrastructure improvement program for the LPA. Santacruz Land Acquisitions (“Santacruz”) will work with the staff for the LPA and/or, Baxter & Woodman, Inc., Engineer for the LPA, (“Consultant”) to develop a land acquisition plan for the reconstruction of the Oakwood Drive bridge (the “Project”) to assure that the goals are met. Our solution is to assemble a team of industry leading right-of-way professionals that have years of experience working on land acquisition projects with the understanding of what needs to be done to complete an acquisition on time. CRITICAL ISSUE 2: MANAGE THE RIGHT-OF-WAY PROCESS & RISKS With over twenty-five years working on land acquisition projects, Santacruz Land Acquisitions understands the workload associated with this project and the level of performance the LPA is seeking with this engagement. As such, we have assembled a team of professionals with vast experience in delivering right-of-way services for IDOT, the Tollway and other such agencies on various infrastructure projects. 1 EXHIBIT F 119 Equally important as the scheduled letting is the acquisition budget for the Project. Our team will suggest ways to minimize impacts and reduce costs in challenging acquisitions. We will also work with the LPA to minimize the condemnation referrals that impact the budget for this Project. At the same, our team will quickly identify parcels in the very beginning of the process that have title issues that can only be resolved through condemnation so that the team can develop strategies on moving the land acquisition process forward. Your land acquisition consultant needs to have knowledge of the legal requirements necessary to position an agency for a successful acquisition of the right-of-way. Our solution is to compile extensive experience in law, real estate and civil engineering which gives us the ability to recognize issues and resolve them before they create bigger problems. Santacruz has over 25 years of providing right-of-way services including managing land acquisition projects of various sizes. CRITICAL ISSUE 3: COMPLIANCE WITH GOVERNMENT REGULATIONS All land acquisition services must be performed in accordance with the Uniform Relocation Assistance and Real Property Act. In addition, we are familiar with IDOT’s land acquisition guidelines, policies and procedures. Our solution is to apply our team’s extensive collective decades of experience complying with federal and state laws and maximizing the team’s knowledge of the land acquisition policies of IDOT. ADDITIONAL COMPONENT OF OUR PROPOSAL: BEP UTILIZATION Santacruz is a BEP with Central Management Services, a DBE with IDOT and an MBE with Cook County and the City of Chicago. SUMMARY With a long history of successful delivery of a variety of right of way projects on-time, within budget and to our client’s satisfaction, we look forward to the opportunity to assist the LPA with its land acquisition needs. WHY SANTACRUZ LAND ACQUISITIONS? As you review our proposal, you will see that the team that Santacruz Land Acquisitions has assembled is versatile, experienced and qualified to deliver the full scope of the land acquisition needs for the LPA. What sets apart our team is: Years of successful on-time delivery of right of way land acquisition services to various other agencies Diverse set of real estate acquisition disciplines including backgrounds in law and civil engineering Extensive experience with complex valuations and acquisitions Title review experience, including familiarity with all types of recorded documents affecting real estate and knowledge on how to the clear title Experience in reviewing plats and legal descriptions, as well as an ability to review and understand roadway construction plans Expertise with the Uniform Relocation Assistance and Real Property Act of 1970, as amended (Uniform Act), Illinois Eminent Domain Act (735 ILCS 30), IDOT Land Acquisition Guidelines. Familiarity with IDOT policies and procedures related to land acquisition and appraisals. 120 COMPENSATION Santacruz shall be entitled to the compensation as shown on the attached schedule. Our cost proposal, based on one (1) projected parcels of right-of-way, is as follows: APPRAISALS: $3,900.00. REVIEW APPRAISALS: $1,950.00. NEGOTIATIONS: $4,000.00. As directed, Santacruz shall invoice the LPA or Consultant for any fees and charges related to the acquisitions including, without limitation, (i) the cost of the later date title commitments, (ii) the cost of title insurance policies obtained on the parcels to be acquired, (iii) the cost of recording any necessary documents to complete the conveyance and obtain clear title, (iv) lender’s fees related to the processing of any partial releases needed to provide clear title, and (v) land trustee processing fees. Santacruz shall include $750.00 per parcel for these charges. Santacruz shall pay any such fees and charges in excess of the $750.00 per parcel allowance for which Santacruz Land Acquisitions shall be entitled to additional compensation in the amount of any such payments pursuant to a separate work order issued. Based on the projected total number of parcels of right-of-way to be acquired for the Project, the land acquisition negotiation services provided herein are offered at a cost not to exceed $10,600.00 as follows (per the pricing schedule in Exhibit 3.a.): Land Acquisition Services $9,850.00 Estimated Direct Billable Expenses $750.00 121 TECHNICAL APPROACH Santacruz shall provide Right-of-Way Acquisition Services including, but not limited to: •Project Management •Appraisals •Acquisition negotiations and settlements In addition, as may be required in order to complete the processing of any parcel and subject to the approval in advance by the LPA, Santacruz can also provide specialty engineering reports and relocation assistance of displaced property owners. All services shall be performed at the direction of the LPA and in accordance with the policies and procedures of IDOT, as applicable, the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (“Uniform Act”), as amended (49 CFR Part 24), the Illinois Eminent Domain Act (735 ILCS 30) (“Eminent Domain Act”), and the Illinois Code of Civil Procedure (“Code of Civil Procedure”). Santacruz Land Acquisitions agrees to perform the services as set forth herein. This process has been the roadmap to many successful right-of-way projects. This Road Map will help us help you keep your project on schedule. LAND ACQUISITION CRITICAL PATH STEPS – “OUR ROAD MAP” Task 1: Notice to Proceed Our services start after authorization to proceed from the LPA and IDOT (as may be necessary). Task 2: Kick-off Meeting Santacruz will meet with the LPA and/or Consultant to discuss the Project, identify issues and develop any necessary strategies to assure the timely completion of the Project. Task 3: Delivery and Review of Project Information The LPA or Consultant will provide Santacruz with plats of highway, legal descriptions, the most recent title commitments and any other pertinent information regarding the property owner for each parcel assigned for acquisition. In addition, the LPA or Consultant will also provide Santacruz with a set of project plans, including, (i) plan and profile, (ii) drainage and utilities, (iii) pavement markings and (iv) cross sections. 2 122 Task 4: Introductory Notice to Owners The appraiser will notify the property owner of the proposed taking and will invite the property owner to be present during the inspection by the appraiser. Task 5: Appraisal The appraiser shall make a detailed inspection of the properties and make such investigations and studies as are consistent with industry standard and necessary to derive sound conclusions for the preparation of appraisal reports. All appraisal work shall be completed within eight to ten weeks after commencement. The Appraiser shall assist in analyzing and responding to valuation information provided by a property owner in support of a counter-offer. As necessitated by a change of ownership, a revision to the right of way or for condemnation purposes, Santacruz will furnish and deliver updated or revised appraisals. Such requests may be pursuant to a separate work order. Task 6: Review Appraisal All appraisals will be reviewed by the review appraiser assuring that all items affecting the value of the property have been considered in the appraisal. As necessitated by a change of ownership, a revision to the right of way or for condemnation purposes, Santacruz will furnish and deliver updated or revised reviews. Such requests may be pursuant to a separate work order. Task 7: Negotiation and Acquisition Santacruz shall commence negotiations after approval by the LPA of the appraisals and the amount of just compensation to be offered to the property owner. Before contacting the property owner, Santacruz will prepare and send the introductory letter to the property owner on the LPA’s letterhead. Santacruz will present the property owner with an offer package, which shall contain the Offer to Purchase and other documents to assist the property owner with reviewing the right-of-way request. Santacruz will make all reasonable efforts to complete the acquisition of the right-of-way from the property owner. Santacruz will not have any authority to determine administrative settlements. Santacruz will consult with the LPA for approval of any counter offers and upon acceptance by the LPA of any such counter- offer, Santacruz will prepare the necessary documentation for administrative settlement. Santacruz will review the title commitment provided for each parcel to determine the liens and encumbrances that will need to be addressed in order to complete the acquisition process for the LPA. If, during its discussions with the property owner, errors in the plans are discovered or the property owner requests design changes, Santacruz will immediately notify LPA or Consultant with this information. At any time during negotiations for situations involving design changes, errors in plans or for any other reason, if requested by LPA or Consultant, Santacruz will cease negotiations on certain parcels until corrected information or further instruction is provided to Santacruz. Upon successful negotiations with the property owner, Santacruz will prepare all necessary conveyance documents in order to complete the acquisition and obtain title approval for the property. Santacruz will submit the completed parcel file with original conveyance documents, any documents necessary for title clearance, the Negotiator’s Log documenting all negotiation activities, copies of all correspondence with the property owner, title commitments, plats, and all 123 other documentation as required by the LPA and IDOT (as necessary). Task 7: Project Management Santacruz Land Acquisitions shall appoint a Project Manager for this project. The Project Manager will provide proposed project time-line with milestones on delivery. The Project Manager will coordinate all deliverables, keep project on schedule and maintain the channels of communication with the LPA. The Project Manager will attend project kick-off meetings and project status meetings. In addition, when needed, the Project Manager will review construction plans and provide comments. The Project Manager shall provide QA/QC oversight for this contract. Santacruz Land Acquisitions has a very strong commitment to QA/QC for all its projects. In addition to monthly status reports prepared for our clients in which we review the progress of each parcel, Santacruz Land Acquisitions meets on a bi-weekly basis with its production team to assure that projects are on schedule and proceeding to letting. The paralegal team at Santacruz Land Acquisitions reviews every title commitment to alert the negotiator of title concerns and to prepare for title clearance. Also, all conveyance documents prepared by the paralegals are reviewed by the head paralegal and/or the negotiator. Finally, all final packages of settled or condemned parcels are compiled using QA/QC checklist and reviewed by the Project Manager to assure proper completion. Condemnation Support Santacruz understands that appearances in court and/or pretrial conferences, which may include depositions, and preparation for litigation or pre- trial conferences may be required by the LPA so that it may complete the acquisition of the property through condemnation. In the event, after making every reasonable effort to contact and negotiate with a property owner, Santacruz is unable to obtain a settlement for the acquisition of the right-of-way, Santacruz shall refer the parcel to the LPA for acquisition by condemnation. In such case, at the request of the LPA or its trial counsel, the Appraiser assigned to appraise the parcel shall make any such appearances or complete such preparation work in order to assist with this process. In addition, at the request of the LPA or its trial counsel, the Negotiator assigned to negotiate the parcel shall make any such appearances or complete such preparation work in order to assist with this process. Such requests for trial appearances or condemnation support will be pursuant to a separate work order. PERSONNEL The experience and talent of the right of way professionals that make up the team for Santacruz will, to a large extent, be the basis for the success of keeping this Project on-time and within budget. Santacruz brings over twenty-five years of right of way acquisition experience. Santacruz has worked on thousands of acquisition parcels for ISTHA, IDOT, Cook, Kane, Lake, and Will Counties. We have also worked for numerous township and municipalities. Santacruz has years of experience handling some of the most complex land acquisition transactions. The Santacruz staff includes two negotiators and two paralegals with years of experience in acquiring a variety of right-of-way parcels. PRIOR EXPERIENCE Santacruz Land Acquisitions was founded in 1992 and has grown to be one of the most dependable right-of-way negotiation firms in Illinois. Santacruz has been providing comprehensive right-of-way solutions, including negotiation activities and the coordination of the valuations of parcels for various public agencies. 124 EXHIBITS a.Pricing Schedule b.BEP Certification 3 125 Compensation for Services Appraisal Services (per parcel) Appraisals $3,900.00 Revision to appraisal due to change in ROW or plans1 $2,500.00 - $3,900.00 Review Appraisal Services (per parcel) Review Appraisals $1,950.00 Revision to review appraisal due to change in ROW or plans1 $1,500.00 - $1,950.00 Negotiation Services (per parcel) Negotiation and acquisition services for Right of Way including, without limitation, documentation of conveyance of property interest $4,000.00 Additional negotiations due to change in ownership or plans1 $2,500.00 - $4,000.00 Witness Services (if applicable) Rate for each ½ day in pretrial conference or in court for Negotiator1 $1,000.00 Rate for each ½ day in pretrial conference or in court for Appraiser1 $1,000.00 Hourly rate for consultation not otherwise specifically provided for herein $250.00 Title Services (if applicable) Later date commitment – In addition to actual recording costs + Administrative fee $25.00 Title insurance policies – In addition to actual recording costs + Administrative fee $25.00 Recording of Documents – In addition to actual recording costs + Administrative fee $25.00 Copies of recorded documents – In addition to actual copying costs & research fees + Administrative fee $25.00 1 May requires supplemental work order. 126 BEP CERTIFICATION 127 128 129 130 DnplRrnrnNT OF PROCURBUrpNr SBRVICcS CITY OF CHICAGO tt'lAY 0 g ?0lg J. Steve Santacruz Santacruz Associates, Ltd. dba Santacruz Land Acquisition 222 Northfield Rd., Suite 201 Northfield, lL 60093 Dear Mr. Santacruz: We are pleased to inform you that Santacruz Associates, Ltd. dba Santacruz Land Acquisition has been recertified as a Minority-Owned Business Enterprise ("MBE") by the City of Chicago ("City"). This MBE certification is valid until l/1512024; however your firm's certification must be revalidated annually. ln the past the City has provided you with an annual letter confirming your certification; such letters will no longer be issued. Therefore, we require you to be even more diligent in filing your annual No-Change Affidavit 60 days before your annual anniversary date. It is now your responsibility to check the City's certification directory and verify your certification status. As a condition of continued certification during the five year period stated above, you must file an annual No-Change Affidavit. Your firm's annual No-Change Affidavit is due by 111512020, 111512021,111512022, and'111512023. Please remember, you have an affirmative duty to file your No-Change Affidavit 60 days prior to the date of expiration. Failure to file your annual No-Change Affidavit may result in the suspension or rescission of your certification. Your firm's five year certification will expire on 111512024. You have an affirmative duty to file for recertification 60 days prior to the date of the five year anniversary date. Therefore, you must file for recertification by 1111512023. It is important to note that you also have an ongoing affirmative duty to notify the City of any changes in ownership or control of your firm, or any other fact affecting your firm's eligibility for certification within 10 days of such change. These changes may include but are not limited to a change of address, change of business structure, change in ownership or ownership structure, change of business operations, gross receipts and or personal net worth that exceed the program threshold. Failure to provide the City with timely notice of such changes may result in the suspension or rescission of your certification. ln addition, you may be liable for civil penalties under Chapter 1-22, "False Claims", of the Municipal Code of Chicago. Please note - you shall be deemed to have had your certification lapse and will be ineligible to particlpate as a MBE if you fail to: File your annual No-Change Affidavit within the required time period; I2I NORTH LASALLE STREET, ROOM 806, CHICAGO,ILLINOIS 60602 a ¿rç 131 Santacruz Associates, Ltd. dba Santacruz Land Acquisition Page 2 of 2 Provide financial or other records requested pursuant to an audit within the required time period; Notify the City of any changes affecting your firm's certification within 10 days of such change; or File your recertification within the required time period. Please be reminded of your contractual obligation to cooperate with the City with respect to any reviews, audits or investigation of its contracts and affirmative action programs. We strongly encourage you to assist us in maintaining the integrity of our programs by reporting instancesor suspicions of fraud or abuse to the Gity's lnspector General at ch icagoi ns pectorgeneral.org, or 866-lG-Tl P Ll N E (866-448-47 54). Be advised that if you or your firm is found to be involved in certification, bidding and/or contractual fraud or abuse, the City will pursue decertification and debarment. ln addition to any other penalty imposed by law, any perso¡ who knowingly obtains, or knowingly assists another in obtaining a contract with the City by falsely representing the individual or entity, or the individual or entity assisted is guilty of a misdemeanor, punishable by incarceration in the county jail for a period not to exceed six months, or a fine of not less than $5,000 and not more than $10,000 or both. Your firm's name will be listed in the City's Directory of Minority and Women-Owned Business Enterprises in the specialty area(s) of: NAICS Code(s): 531390- Consultants, Real Estate (Except Appraisers), Offices Your firm's participation on City contracts will be credited only toward MBE goals in your area(s) of specialty. While your participation on City contracts is not limited to your area of specialty, credit toward goals will be given only for work that is self-performed and providing a commercially useful function that is done in the approved specialty category. Thank you for your interest in the City's Minority, Women, Veteran-Owned Business Enterpriseand Business Enterprise Owned or Operated by People with Disabilities (M BEA/VBEA/BE/B EPD) Program. Sincerely, a a a %)r*,ç,L Shannon E. Andrewsllq Chief Procurement Offidêr SEA/fn 132 February 26, 2020 Certification Term Expires: February 26, 2021 J. Steve Santacruz Santacruz Associates, Ltd. DBA Santacruz Land Acquisitions Suite 201 Suite 206 Northfield, IL 60093 Re: Minority Business Enterprise (MBE) Dear J. Steve Santacruz: Congratulations! After reviewing the information that you supplied, we are pleased to inform you that your firm has been granted certification as a Minority Business Enterprise (MBE) under the Business Enterprise Program (BEP) for Minorities, Females, and Persons with Disabilities This certification is in effect with the State of Illinois until the date specified above. Please note that you have been granted certification under the Recognition Application because you are certified with one of our partner organizations and, as such, must recertify each year. At least 15 days prior to the anniversary date of your certification, you will be notified by BEP through email to update your certification as a condition of continued certification. It is your responsibility to ensure that the contact email address listed in the system is accurate and up to date and that the email account is checked regularly so that you do not miss any important notifications. In addition, should any changes occur in ownership and/or control of the business, in the business’ certification status with the partner organization, or other changes affecting the firm's operations, you are required to notify BEP within two weeks. Failure to notify our office of changes will result in decertification of your firm Your firm's name will appear in the State's Directory as a certified vendor with the Business Enterprise Program in the specialty area(s) of: NIGP 95883: REAL ESTATE MANAGEMENT SERVICES, INCLUDING LISTING, SALES AND BROKER SERVICES Your firm will only show up in the database of BEP-certified vendors the NIGP codes listed above, so PLEASE REVIEW THE LIST CAREFULLY TO ENSURE THAT ALL RELEVANT NIGP CODES ARE INCLUDED. Also, please be advised that this certification does not guarantee that you will receive a State contract. Please visit the Vendor Registration page on www.opportunities.illinois.gov and be sure to register with each of the Procurement Bulletins listed so that you are notified of upcoming solicitations in your NIGP codes. Certification with the Business Enterprise Program does not ensure you receive notifications; you must also register with the Procurement Bulletins. Thank you for your participation in the Business Enterprise Program. We welcome your participation and wish you continued success. Sincerely, Carlos Gutiérrez Certification Manager Business Enterprise Program 133 134 CITY OF MCHENRY OAKWOOD DRIVE BRIDGE - PHASE II ENGINEERING QBS PROCESS SCORING SUMMARY 8/23/2022 IMEG Baxter & Woodman DLZ REVIEWER #1 Project Understanding and Approach 40 45 42 Disadvantaged Business Enterprise 0 0 5 Local Presence 0 5 0 Relevant Experience 20 22 22 Frim/Subconsultant Capabilities 15 15 15 TOTAL REVIEWER #1 75 87 84 REVIEWER #2 Project Understanding and Approach 40 50 38 Disadvantaged Business Enterprise 4 4 4 Local Presence 0 5 0 Relevant Experience 20 25 18 Frim/Subconsultant Capabilities 8 9 8 TOTAL REVIEWER #2 72 93 68 REVIEWER #3 Project Understanding and Approach 48 48 45 Disadvantaged Business Enterprise 1 2 5 Local Presence 1 5 1 Relevant Experience 20 25 20 Frim/Subconsultant Capabilities 15 13 15 TOTAL REVIEWER #3 85 93 86 AVERAGE SCORE 77.3 91.0 79.3 135 CONSENT AGENDA SUPPLEMENT DATE: May 1, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Pearl Street and Lincoln Road, IDOT Contract 61E34, Final Payment ATT: Illinois Department of Transportation Final Invoice Memorandum to City Council (5-13-22) Resolution for Improvement Supplement #2 AGENDA ITEM SUMMARY: Staff requests City Council to consider approving a Supplemental Resolution for Improvement (BLR 09110) for authorization of the use of State Motor Fuel Tax Funds to pay for the final balance of construction costs on the Pearl Street and Lincoln Road Project. BACKGROUND: The Pearl Street and Lincoln Road project was an Illinois Department of Transportation (IDOT) Surface Transportation Program (STP) project which was completed in 2019. This project was completed with the assistance of $1.5 million in Federal Aid. The payment process for these projects is different than a traditional project which is invoiced directly to the local agency fairly promptly after completion of construction that is managed directly by the City. Payments to contractors for these Federally funded projects are issued by the Illinois Treasurer’s Office and then local agencies are invoiced by IDOT after the fact. Lag times between processing of payment estimates and issuance of invoices by the Illinois Treasurer ’s Office typically creates a need for local agencies (such as municipalities) to hold carry over balances in their budgets for the time between completion of construction and receipt of the final invoice. At some point since the completion of this project, the outstanding balances for the local share of construction costs ceased to be carried between fiscal years. A previously issued memorandum informing the City Council of this issue is attached to this Agenda Supplement for further clarification. This project was constructed in 2019 and only now is being final invoiced in the amount of $451,496.81. When the project was originally awarded in 2018, the original Motor Fuel Tax (MFT) appropriation was $207,000 with the remainder of local funding being General Fund. Because the MFT fund balances are now sufficient to fund the balance of this project as well as all 136 recommended Fiscal Year 2023-2024 MFT funded projects, the balance of outstanding funding is being recommended as MFT funding. Therefore, in addition to the current need to process the final payment, a supplemental resolution for use of MFT funds is needed. ANALYSIS: Due to the final local share of construction costs being more than the original authorized amount, a supplemental resolution must be passed authorizing the additional funds. Not all the outstanding costs are associated with roadway work as some costs on the final invoice are associated with costs for installation of sanitary sewer stubs. The funding breakdown on this invoice is as follows: •$130,524.01 Water and Sewer Fund •$321,002.80 MFT Fund RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve a supplemental Resolution for Improvement (BLR 09110) for authorization of the use of State Motor Fuel Tax Funds in the amount of $321,002.80 to pay for the final balance of construction costs on the Pearl Street and Lincoln Road Project which was completed in 2019. 137 138 MEMORANDUM DATE: May 11, 2022 TO: City Council FROM: Troy Strange P.E., Director of Public Works RE: IDOT Contract Projects, Final Invoices and Appropriation Carry-Over Amounts ATT: Current McCullom Lake Road Invoice Most Recent Pearl Lincoln Invoice Final Pearl Lincoln Pay Estimate Information On IDOT contracts for municipal agencies, payment estimates are processed through the Illinois Department of Transportation and local matches are invoiced to the local agency. Historically, invoices for the local share to date of any project would typically lag 2-3 months behind the processing of the payment estimate. In recent years, both before and after COVID-19 put much of IDOT’s staff on a remote status, these lag times have been increasing. There are currently two (2) IDOT projects, which the City has completed construction on, that have experienced tremendous lag times for invoicing from the State of Illinois. Therefore, carry over balances for projects, which have not been invoiced, have inadvertently fallen off annual budgetary carry over budget requests between FY20/21 and FY21/22. The two such projects, which are currently still carrying such balances, are the McCullom Lake Road STP project (completed in 2015) and the Pearl Street and Lincoln Road STP project (completed in 2018). The current outstanding balances of each project are listed below: IDOT Contract 61A29, McCullom Lake Road Final Cost $1,265,362,70 Federal Share $896,000.00 CE & RR Credits $54,308.29 MFT To Date $206,463.17 Outstanding Balance $107,691.24 139 IDOT Contract 61E34, Pearl Street and Lincoln Road Final Cost $2,528,169.39 Federal Share $1,356,000.00 Water Sewer Funds $248,012.40 MFT Final $207,000.00 General Fund To Date $250,199.61 Outstanding Balance $466,957.38 The final invoice reimbursement for the McCullom Lake Road project was recently received and is currently due. It is recommended that the current invoice for McCullom Lake Road be paid out of conventional State Motor Fuel Tax Funds as this was the original intention when the project was initiated in 2015. The MFT resolution amount was less than the awarded amount upon award of the contract by the State in 2015, and the budgeted MFT amount should have been adjusted at that time. Since it was not, a supplemental resolution will be passed at some point in the near future. Due to the lag times between processing of payment estimates and final invoicing from the State of Illinois, it is uncertain when the final invoice for the Pearl Street and Lincoln Road project will arrive. It is recommended that if the invoice arrives this fiscal year, that the invoice be paid out of balances in the 2022 Road Program budget which will remain due to bids coming in below budgeted amounts. If the invoice does not arrive until the following fiscal year, it is recommended that the carry over amounts be added to the FY23/24 capital budget and are carried indefinitely until the final invoices arrive from the State of Illinois. 140 BLR 09110 (Rev. 01/18/23) Resolution for Improvement Under the Illinois Highway Code Page 1 of 1Printed 03/15/23 Resolution Type Supplemental Resolution Number Section Number 15-00081-00-RS BE IT RESOLVED, by the Governing Body Type Council of the Local Public Agency Type City of Name of Local Public Agency McHenry Illinois that the following described street(s)/road(s)/structure be improved under the Illinois Highway Code. Work shall be done by Contract or Day Labor Contract . NoYes Is this project a bondable capital improvement? For Roadway/Street Improvements: Name of Street(s)/Road(s)Length (miles)Route From To Pearl Street 0.4 9-0081 IL Rte 31 (Richmond Rd)River Road Lincoln Road 1.3 9-0089 River Road Eastwood Lane For Structures: Name of Street(s)/Road(s)Existing Structure No.Route Location Feature Crossed Pearl Street 056-3119 9-0081 Crossing Fox River BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Bike Path Construction, Sidewalk/ADA Improvements, Roadway Resurfacing, Bridge Deck Patching, and other necessary and incidental work 2. That there is hereby appropriated the sum of Three-Hundred Twenty-One Thousand Two and 80/100----------------------- --------------------------------------------------------------------------------- $321,002.80 Dollars () for the improvement of said section from the Local Public Agency's allotment of Motor Fuel Tax funds. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit four (4) certified originals of this resolution to the district office of the Department of Transportation. I, Name of Clerk Trisha Ramel Local Public Agency Type City Clerk in and for said Local Public Agency Type City of Name of Local Public Agency McHenry in the State aforesaid, and keeper of the records and files thereof, as provided by statute, do hereby certify the foregoing to be a true, perfect and complete original of a resolution adopted by Governing Body Type Council of Name of Local Public Agency McHenry at a meeting held on Date May 01, 2023 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this Day day of Month, Year . . (SEAL, if required by the LPA)Clerk Signature & Date Approved Regional Engineer Signature & Date Department of Transportation 141 CONSENT AGENDA SUPPLEMENT DATE: May 1, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Intergovernmental Agreement for The Use of The City of McHenry’s Well #13 As A Monitoring Well By The Illinois State Water Survey. ATT: Intergovernmental Agreement between the City of McHenry and the Illinois State Water Survey ____________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests that the City Council consider approval of an Intergovernmental Agreement between the City of McHenry and the Illinois State Water Survey to use the City of McHenry’s Well #13 as a groundwater monitoring well for the State of Illinois. BACKGROUND: In May of 2005, the City of McHenry drilled Well #13 in anticipation of peak residential construction continuing. The recession of 2008 resulted in new residential construction leveling off and stopping for a period. Currently, Well #13 is not in service, and there are no plans to commission this well as a water source for the City of McHenry as it would require construction of a water treatment plant that is equipped to remove the naturally occurring source of radium. Well #13 is the City’s only deep well. At 1,355 feet, it extends into the Ironton Galesville aquifer. This aquifer runs underground from central Wisconsin to central Illinois. It is one of the primary aquifers that supplies water for northern and central Illinois communities tha t utilize deep wells. The Illinois State Water Survey administered by the University of Illinois Urbana/Champaign is tasked with monitoring the aquifers in the state. The Survey operates and maintains monitoring wells in numerous aquifers and sites throughout the state. They have requested, through an Intergovernmental Agreement, to utilize the City’s Well #13 as a monitoring well for the Ironton Galesville aquifer. 142 ANALYSIS: The City of McHenry has no current plans to put Well #13 into service as a water source in the foreseeable future. Staff will continue to own the well and may continue to use the well as the City deems appropriate. The Illinois State Water Survey will assume all costs for commissioning the monitoring well, any maintenance of the monitoring equipment, and the eventual decommissioning costs. This includes any restoration work that might be needed. RECOMMENDATION: Therefore, if Council concurs, it is recommended that the City Council approve an Intergovernmental Agreement with the Illinois State Water Survey t o allow the Illinois State Water Survey to utilize the City of McHenry’s Well #13 as a monitoring well. 143 INTERGOVERNMENTAL AGREEMENT FOR THE USE OF THE CITY OF McHENRY ’S #13 WELL AS A MONITORING WELL BY THE ILLINOIS STATE WATER SURVEY This INTERGOVERNMENTAL AGREEMENT (the “Agreement”) entered into by and between the CITY OF McHENRY (“McHENRY”), an Illinois municipal corporation and THE BOARD OF TRUSTEES of the UNIVERSITY OF ILLINOIS, a body politic of the State of Illinois (“University”). WITNESSETH: WHEREAS, the McHenry and the University are units of local government or a body of State government, and the Constitution of the State of Illinois of 1970, Article VII, Section 10, provides that units of local government may contract or otherwise associate among themselves or with the State to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance and provides authority for intergovernmental cooperation; and, WHEREAS, McHenry owns Water Well No. 13 (API 121114406500) located at Lat: 42.334365, Long: -88.319838 Shamrock Farm Park, McHenry, IL (“Premises”), and the property is depicted on the aerial photograph attached hereto as Exhibit A; and, WHEREAS, the University through its Illinois State Water Survey in the Prairie Research Institute is the primary agency in Illinois concerned with water resources; and, WHEREAS, McHenry has no current plans on utilizing Water Well No. 13 as a potable drinking source and is willing to allow the University to use it as an observation and monitoring well; and, WHEREAS, the Premises is not otherwise needed immediately nor in the near or foreseeable future by McHenry or developed by McHenry; and, NOW, THEREFORE, in consideration for the good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the mutual agreements contained in this Agreement, McHenry and the University agree as follows: 1.Recitals: The foregoing recitals are hereby incorporated into this Agreement as if fully restated in this Paragraph. 2.License to University: McHenry hereby grants a non-exclusive license to use the well shaft of Water Well No. 13 as a deep aquifer monitoring well for its sole use. This license shall grant University reasonable access to Water Well No. 13 for the purposes of operation, maintenance, repair and removal of groundwater monitoring equipment within the well and adjacent to the well for the purpose of collecting long-term groundwater- level data as part of the Illinois State Water Survey sandstone observation 144 well network. The University shall pay any and all costs associated with the installation, operation and maintenance of the equipment used in their monitoring, including any expense to repair damage resulting from the installation of the equipment. The University, its employees, contractors and agents agree to comply at all times with all applicable laws, rules, regulations and safety standards in connection with the use of the well. University agrees to provide McHenry a copy of any test results obtained from the well. 3. Insurance. The University agrees to continue to obtain and continue in force its existing commercial general liability insurance coverage of not less than one million dollars combined single limit per occurrence for bodily injury, personal injury, and property damage. Said coverage shall name the Village, its officials, employees and agents as additional insured. In addition, University shall maintain automobile liability with minimum combined single limit of one million dollars. Insurance coverage shall be acceptable to McHenry and cover liability of the University while on McHenry’s property or within the corporate limits of McHenry. Upon request University will provide McHenry with a certificate of insurance showing such coverages. The commercial general liability insurance required pursuant to this Agreement shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to McHenry. There shall be no endorsement or modification of this insurance to make it excess over other available insurance; alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to McHenry. To the fullest extent permitted by law, the University hereby agrees to defend, indemnify, and hold harmless McHenry, its officials, agents, and employees, against all injuries, deaths, loss, damages, claims, suits, liabilities, judgments, cost, and expenses, which may in anywise accrue against McHenry, its officials, agents, and employees, arising in whole or in part or in consequence of this Agreement, except that arising out of the legal cause of the Village, its agents, or employees. The University shall, at its own expense, appear, defend, and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the Village, its officials, agents, and employees, in any such action, the University shall, at its own expense, satisfy and discharge the same. 4. Term. The term of this Agreement shall be for a period of approximately 10 years beginning on the date of execution and ending on January 31, 2033. 5. Termination. This Agreement may be terminated by either McHenry or the University with 90 days written notice to the other party. Notice shall 145 be by certified mail as follows or to a subsequent name or address as changed by written notice: Notice to McHenry: City of McHenry Attention: Treatment Operations Manager 1415 Industrial Drive McHenry, IL 60050 Notice to University: University of Illinois, Real Estate Services Attention: Director 505 S. Wright Street, Suite 208 Urbana, IL 61801 Prior to termination the University shall remove all of its equipment installed on McHenry’s property and restore the site to the condition as of the effective date to the extent practicable from any of its activities. 6.Fee. In consideration of the mutual benefits accruing to each party under this Agreement and the expense incurred by Licensee in the performance of duties agreed upon herein, Licensee shall not be required to pay an additional license fee for the use of the Premises authorized in this Agreement. 7.Severability: If any provision of this Agreement is invalid for any reason, such invalidation shall not render invalid other provisions of this Agreement which can be given effect without the invalid position. 8.Effective Date: This Agreement shall be effective upon execution both McHenry and University. 9.Governing Law: This Agreement shall be construed in accordance with the law and constitution of the State of Illinois. Signatures on the following page 146 IN WITNESS WHEREOF, the undersigned governmental units have caused this Agreement to be duly executed as of the date of the last signature of the parties below. CITY OF MCHENRY BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS By: __________________________ By: __________________________ Date: _________________________ 147 Exhibit A: Arial view of McHenry Well No. 13 148 John R. Birk, Chief of Police McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 jbirk@ci.mchenry.il.us The City of McHenry is d edicated to providing the citizens, businesses and vis itors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: May 1, 2023 TO: Mayor and City Council FROM: John R. Birk, Chief of Police RE: Authorization for the Mayor to enter into an Intergovernmental Agreement between the City , County, Algonquin, L ITH and Cary to establish a Multi- jurisdictional Training Facility. ATT: Intergovernmental Agreement, Budgeting Documents, Instructor Spreadsheets. Item Summary : Attached Council will find a intergovernmental agreement between McHenry County, McHenry, Alg onquin, Lake in the Hill s and Cary establishing a new multi -jurisdictional training facility. Staff is requesting authorization for the Mayor to sign and execute said agreement Background: In August of 2019 the McHenry C ity Council passed a resolution authorizing Staff to pursue the establishment of a countywide multi-jurisdictional law enforcement training facility. The four key components in the resolution where as follows: 1.Identify ways to be more efficient with the resources at hand, including sharing staff and pooling resources with neighboring jurisdictions to create more effective law enforcement training operations. 2.Analyze how to organize law enforcement training services in the most logical way countywide, rather than have them constrained by jurisdictional or area li mits. 3.Explore ways to make use of existing qualified law enforcement personnel and facilities countywide to achieve economi es of scale. 4.Explore the quantitative and qualitative benefits from a McHenry County consolidated law enforcement training facility model, including the efficiencies inherent in shared services, higher quality training, and improved interoperability. 149 Analysis: As staff started this process in 2019 (pre COVID-19 pandemic) we explored the cost of building a new training facility versus the cost of purchasing a n existing facility that would include both a classroom function and range function. Initial costs for McHenry to participate in this new program were estimated between $250,000 - $350,000 plus annual operating budget costs. At the ti me Council was supportive of this capital expense. In moving forward, staff (along with the partnering agencies of the agreement) identified an existing property that would meet our needs for a training fac ility. Unfortunately, the asking price for the pr operty was beyond what any of the partners would be willing to spend so no action was taken. The pandemic arrived a short time later and the training facility project was placed on hold. In early 2022, through the use ARPA Funds and discretionary funds the C ounty approved the funding of over $7 million to constr uct a new multi -jurisdictional training facility. This funding allows County, McHenry, Algonquin, LITH and Cary to move forward as partner s in a new training facility without having to incur any capital expenses. Around the same time the Village of Cary donated their old village hall to the County for $1 which will be utilized as the classroom portion of the tra ining facility and provided the long-term use of a parcel of land next to their Public Works Facility for the construction of a firing range. With funding and facilities made available the planning of a training facility project again started to move forward. After just over a year of planning and reviewing with partners and legal staff, the parties are providing their respective Boards and Councils the final version of the intergovernmental agreement, which establishes the newly formed training facility. This new facility (both locations) will meet the current and future training ne eds of McHenry all while sharing the training costs and establishing local standardized training that will be implemented countywide. The estimated annual liability for operating costs to McHenry for the first fiscal year will be less than $45,000 (see attached cost projections). As additional agencies become paying members and the facility hosts trainings and facility rentals for income, McHenry’s financial liability will decrease notably in the following years. Recommendation: Therefore, if Council con curs, it is recommended that a motio n be made authorizing the Mayor to enter into an inter -governmental agreement between County, McHenry, Algonquin, Lake in the Hills and Cary, establishing a new multi-jurisdictional law enforcement training facility . 150 INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ALGONQUIN, VILLAGE OF CARY, VILLAGE OF LAKE IN THE HILLS, CITY OF MCHENRY, AND COUNTY OF MCHENRY RELATING TO THE MCHENRY COUNTY CONSOLIDATED LAW ENFORCEMENT JOINT TRAINING FACILITIES THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this day of , 2022 by and between the VILLAGE OF ALGONQUIN, an Illinois municipal corporation acting by and through its President and Village Board (“Algonquin”); the VILLAGE OF CARY, an Illinois municipal corporation acting by and through its Mayor and Village Board (“Cary”); the VILLAGE OF LAKE IN THE HILLS, an Illinois municipal corporation acting by and through its President and Village Board (“Lake in the Hills”); the CITY OF MCHENRY, an Illinois municipal corporation acting by and through its Mayor and City Council (“McHenry City”); and the COUNTY OF MCHENRY, a body politic and corporate acting by and through its County Board (the “County”) (individually referred to as a “Party” and collectively the “Parties”). WHEREAS, Algonquin, Lake in the Hills, and McHenry City are home rule municipalities as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and have approved execution of this Agreement by ordinance pursuant to their home rule powers and functions as granted in the Constitution of the State of Illinois; WHEREAS, Cary is a non-home rule municipality and, along with the other parties hereto, is authorized and empowered to contract with the other parties hereto pursuant to the provisions of the Constitution of the State of Illinois of 1970, Article VII, Section 10; WHEREAS, McHenry County law enforcement agencies have a need to properly train agency personnel in critical training such as: firearms proficiency, rapid deployment, defensive tactics and use of force; WHEREAS, the Illinois Police Training Act, 50 ILCS 705/1, et seq., sets minimum requirements for police officer training and firearm qualification; WHEREAS, not one law enforcement agency in McHenry County has an operational indoor firearms range; WHEREAS, every agency, except for the McHenry County Sheriff’s Office is dependent on another entity for their firearms training; WHEREAS, McHenry County agencies have the desire to work collectively across political boundaries in order to optimize the delivery of vital services in a high-quality, cost- effective way; WHEREAS, McHenry County agencies have the desire to improve efficiency, reduce duplication of services and encourage resource sharing; 151 WHEREAS, McHenry County agencies have the desire to explore ways in which working together as opposed to working independently can eliminate inefficient or duplicative services; WHEREAS, McHenry County agencies have the desire to explore ways to make use of existing facilities to achieve economies of scale; WHEREAS, McHenry County agencies have the desire to provide career-long training to law enforcement professionals to help them fulfill their responsibilities safely and proficiently; WHEREAS, the County owns the building located at 655 Village Hall Drive, Cary, Illinois (the “655 Property”); WHEREAS, Cary owns approximately 32 acres of property located at 460 Cary Woods Circle, Cary Illinois where its public works facilities are located (the “460 Property”); WHEREAS, it is the intent of the County to buildout a portion of the 655 Property as classrooms, conference room, a defensive tactics room, and storage room and it is the intent of the County to construct an indoor firearms range on the 460 Property, both of which shall be used to create a consolidated law enforcement training facility (collectively the “Joint Training Facilities”) to be operated by the Joint Training Facilities Board, as set forth herein, for use by local law enforcement agencies to centralize and regionalize police training and law enforcement best practices; WHEREAS, it is the intent of the Parties that local law enforcement agencies who are not parties to this Agreement (“Customers”) will pay to utilize the Joint Training Facilities; WHEREAS, the Parties are authorized by the terms and provisions of Section 10 of Article VII of the Illinois Constitution and the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., to enter into intergovernmental agreements, ventures, and undertakings to perform jointl y any governmental purpose or undertaking any of them could do separately. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. Recitals. The above recitals are an integral part of this Agreement and are incorporated herein. 2. Date of Commencement of Obligations. The obligations of this Agreement shall commence upon full execution of this Agreement by all Parties hereto. 3. Property Uses. A. 655 Property. The Parties understand and agree the 655 Property shall be multi-use. The Parties further understand and agree that the County is not transferring title in the 655 Property but allowing its use during the term of this Agreement. i. County Buildout. The costs for the buildout of the 655 Property shall be the sole responsibility and paid for by the County. The County shall apply for 152 all necessary permits and approvals for the construction of the buildout for the 655 Property. ii.Maintenance and Insurance. The County shall be responsible for the maintenance and repairs of the 655 Property and will cooperate with the Joint Training Facilities Board (as defined in Section 4) in performing maintenance and repairs. The County shall maintain insurance on the 655 Property. However, the County, may recoup up to seventy percent (70%) of the costs of maintenance, repairs, and insurance for the 655 Property as an expense of the Joint Training Facilities. iii.655 Property Uses. After the County completes the buildout of the 655 Property, the 655 Property shall be used as follows: 1.County Uses. Approximately 7,673 square feet of the 655 Property shall be used as a McHenry County Sheriff’s substation, including office space and conference rooms for mutual aid law enforcement organizations, (the “MCSO Substation”). 2.Parties’ Uses. Approximately 12,812 square feet of the 655 Property shall be used as part of the Joint Training Facilities, including classrooms, conference room, a defensive tactics room, and storage room as part of the Joint Training Facilities. This portion of the Joint Training Facilities shall be referred to as the “Classroom Facility.” 3.Shared Uses. a.Exhibit A, attached hereto and incorporated herein, depicts the 655 Property. The Parties agree the grey shaded area shall be the MCSO Substation and the unshaded area shall be the Classroom Facility. b.Approximately 600 square feet within the lower level of the Classroom Facility shall be a training room that can also be used as an emergency operations center for the McHenry County Emergency Management Agency. Although the operation center is not located within the MCSO Substation, the Parties intend to share the space with the County (specifically, the McHenry County Emergency Management Agency) during emergencies as determined by the Joint Training Facilities Board (see Section 6(G)). B.460 Property. The County intends to purchase, lease, or otherwise obtain a portion of the 460 Property from Cary to construct an indoor firearms range including at least ten (10) shooting lanes, a minimum of fifty (50) yards long, and one (1) classroom. After the County completes obtaining and constructing the indoor firearms range on the 460 Property, that portion of the 460 Property obtained shall be used as part of the Joint Training Facilities. This portion of the Joint Training Facilities shall be referred to as the “Firearms Range.” 153 The Parties further understand and agree that: Cary will continue to purchase, lease, or otherwise allow the County to obtain a portion of the 460 Property for the Firearms Range during the term of this Agreement; the County will continue to purchase, lease, or otherwise obtain a portion of the 460 Property from Cary for the Firearms Range during the term of this Agreement; and the County will own the Firearms Range and shall not transfer title to the Firearms Range but allow its use as part of the Joint Training Facilities during the term of this Agreement. i. Maintenance and Insurance of the 460 Property. Should the County purchase or otherwise obtain ownership of the 460 Property, the County shall be responsible for the maintenance and repairs of the 460 Property and will cooperate with the Joint Training Facilities Board (as defined in Section 4) in performing maintenance and repairs; and the County shall maintain insurance on the 460 Property. However, the County, may recoup the costs of maintenance, repairs, and insurance on the 460 Property as an expense of the Joint Training Facilities. Should Cary retain ownership of the 460 Property, Cary shall be responsible for the maintenance and repairs of the 460 Property and will cooperate with the Joint Training Facilities Board (as defined in Section 4) in performing maintenance and repairs; and Cary shall maintain insurance on the 460 Property. ii. Maintenance and Insurance of the Firearms Range. The County shall be responsible for the maintenance and repairs of the Firearms Range and will cooperate with the Joint Training Facilities Board (as defined in Section 4) in performing maintenance and repairs. The County shall maintain insurance on the Firearms Range. However, the County, may recoup the costs of maintenance, repairs, and insurance for the Firearms Range as an expense of the Joint Training Facilities. 4. Joint Training Facilities Board. The Parties hereby designate a “Joint Training Facilities Board” to make decisions relating to the Joint Training Facilities including the approval of policies and programs to be used to centralize and regionalize police training and best practices for regional police departments, as set forth below: A. Initial Board Members. The Chiefs of Police of Algonquin, Cary, Lake in the Hills, and McHenry City and the Sheriff of the County, or their designees, shall make up the initial Joint Training Facilities Board (the “Initial Members”) and shall serve so long as they remain “Members” (hereinafter defined). B. Compensation. Service on the Joint Training Facilities Board shall be with no compensation. C. Voting. Each Member of the Joint Training Facilities Board, except the Sheriff of the County, shall be entitled to one (1) vote and entitled to fully participate in all decisions relating to the Joint Training Facilities Board. The Sheriff of the County shall be entitled to two (2) votes, which must be identical, and entitled to fully participate in all decisions relating to the Joint Training Facilities Board. All decisions of the Joint Training Facilities Board shall be by majority vote unless otherwise specified herein. If a tie vote exists within the Joint Training Facilities Board, the tie shall be broken by a coin toss unless 154 another method of breaking the tie is decided upon by a majority of the Joint Training Facilities Board. D.Meetings. Meetings of the Joint Training Facilities Board shall be held as needed, but no less than quarterly, and agendas set as determined by the Chair or a majority of the Joint Training Facilities Board. All meetings shall be scheduled upon reasonable notice to all Members of the Joint Training Facilities Board and shall be attended in person unless the Joint Training Facilities Board allows for attendance by other means. In addition, the Joint Training Facilities Board shall meet in December for elections of Joint Training Facilities Board officers and the Joint Training Facilities Board and other appropriate staff shall meet a minimum of once per year in September for an annual planning meeting to discuss any amendments to the general operating plan; a capital replacement plan; budgetary requirements for future budget years; scheduling usage of the Joint Training Facilities; the review of rates, fees, and charges; and other pertinent matters as may be necessary and appropriate for the continued operation and maintenance of the Joint Training Facilities. E.Officers. The officers of the Joint Training Facilities Board shall be a Chair, Vice Chair, and Secretary. The officers shall be selected from the Members of the Joint Training Facilities Board by a majority vote. The election of the initial officers shall take place at the first meeting of the Joint Training Facilities Board and their terms shall begin immediately. The Chair shall serve for an initial term ending in December of the next even- numbered year, and every two (2) years thereafter, to be elected and take office at the December elections meeting (set forth in Section 4(D) above) and shall hold office unless he or she shall sooner resign, or shall be removed, or otherwise be disqualified to serve. The Chair shall run the events of each meeting. The Vice Chair and Secretary shall serve for an initial term ending in December of the next odd-numbered year, and every two (2) years thereafter, to be elected and take office at the December elections meeting (set forth in Section 4(D) above) and shall hold office unless he or she shall sooner resign, or shall be removed, or otherwise be disqualified to serve. The Vice Chair shall preside when the Chair is absent. The Secretary shall be responsible for taking minutes at each meeting. Only those who shall at all times be a Member of the Joint Training Facilities Board are eligible to be an officer of the Joint Training Facilities Board. F.Additional Board Members. Additional members to the Joint Training Facilities Board shall be evaluated on a case-by-case basis and may be added by a vote of a majority of the Joint Training Facilities Board, upon terms the Joint Training Facilities Board shall determine in its sole discretion. No member shall be added to the Joint Training Facilities without also executing and becoming a party to this Agreement, as set forth in Exhibit B, attached hereto and incorporated herein. The Initial Members and any additional members shall collectively be the “Joint Training Facilities Members” or “Members.” G.Withdrawal of Board Members. Withdrawal from being a Joint Training Facilities Member and this Agreement shall be permitted upon minimum one (1) years’ written notice prior to the annual anniversary of the Date of Commencement of Obligations provided in Section 2 above, to the Joint Training Facilities Board. 155 H. Expulsion of Members. By a vote of a majority of the Joint Training Facilities Board (excluding the Member which is the object of the proposed expulsion) any Joint Training Facilities Member, except for the County, may be expelled for one or more of the following reasons: (a) failure to make any payments due hereunder; (b) failure to allow other Members access to records relating to the purpose of this Agreement; (c) failure to cooperate with other Members relating to the purpose of this Agreement; or (d) failure to carry out any obligation hereunder. No Member may be expelled except after thirty (30) days’ written notice from the Joint Training Facilities Board of the alleged failure along with a thirty-day opportunity to cure the alleged failure. After the expulsion, the former Member shall continue to be fully obligated for its portion of any cost which occurred during the term of its membership. In the event a majority of the Joint Training Facilities Board, except for the County, finds by majority vote that the County has materially breached the terms of this Agreement, and the breach has not been cured after thirty (30) days’ written notice to the County specifying the material default, withdrawal by one or more of the of the Joint Training Facilities Members (except the County) shall be permitted, without damages being assessed, notwithstanding the restriction of the preceding Section 4(G), Withdrawal of Members. I. Payment. Each Initial Member of the Joint Training Facilities shall pay FIVE THOUSAND DOLLARS AND NO/100 ($5,000.00) for its initial membership to the Joint Training Facilities to the Joint Training Facilities Dedicated Fund set forth in Section 7 below. Payment by additional Members of the Joint Training Facilities shall be upon terms the Joint Training Facilities Board shall determine in its sole discretion. The Parties understand and agree payments made pursuant to this subsection are non- refundable. J. Committees. The Joint Training Facilities Board shall have the following committees: i. Training Advisory Committee. There shall be a Training Advisory Committee and each Customer shall be a member of said committee. Meetings of the Training Advisory Committee shall be held on January 15th, April 15th, July 15th, October 15th, and as needed and agendas set as determined by the Chair or a majority of the Joint Training Facilities Board. In addition, at each meeting of the Training Advisory Committee, the Customers shall have an opportunity to provide feedback and advice relating to the Joint Training Facilities’ standard operating procedures and course instruction and training programs relating to the joint standard operating procedures. ii. Other Committees. There shall be such other standing or ad hoc committees as from time to time established by the Chair with the advice and consent of the Joint Training Facilities Board. K. Open Meetings Act. The Parties acknowledge and agree that they have entered into, and constructed this Agreement, with the purpose, intent, and in a manner to allow intergovernmental cooperation while not creating a legal entity or separate public body and the Open Meetings Act does not apply. 156 5.Standard Operating Procedures. The Joint Training Facilities Board shall carry out the following purposes: A.The Joint Training Facilities Board shall determine joint standard operating procedures for the Joint Training Facilities. It is the intent that the Joint Training Facilities Board will agree on joint standard operating procedures and lesson plans. B.The Joint Training Facilities Board shall agree to appropriate course instruction and training programs relating to the joint standard operating procedures adopted to meet the criteria of Illinois statutes and any rules and regulations implementing those statutes, including the Illinois Law Enforcement Training and Standards Board (ILETSB), and each Joint Training Facilities Member shall have an opportunity for equal access to the Joint Training Facilities to meet, at a minimum, each Member’s basic training needs. 6.Powers and Duties. The Joint Training Facilities Board shall have the following powers and duties: A.Annual Budget. The initial annual budget for the Joint Training Facilities through December 31, 2023, shall be prepared by and agreed to by the Joint Training Facilities Board for approval by a majority decision. Revenues generated for use of the Joint Training Facilities by Customers and third parties shall be used to reduce expenses. Subsequent annual budgets for the Joint Training Facilities shall be prepared by the County for each year ending November 30th (the County’s fiscal year) and presented to the Joint Training Facilities Board for approval by a majority decision. The annual budget shall itemize all anticipated revenues and operating expenses and shall support such items of revenue and expense with records and documents. Revenues received for use of the Joint Training Facilities by Customers and third parties shall be used to reduce expenses. In the event the County fails to annually present a budget prior to September 15th of each year, the Joint Training Facilities Board may approve by a majority decision the same budget as the preceding year plus an amount not to exceed ten percent (10%). B.Allocation of Costs. Upon completion of the initial annual budget for the Joint Training Facilities, the Joint Training Facilities Board shall agree on the allocation of costs, based on a percentage of the total costs, to each Initial Member for the maintenance, repairs, and operations of the Joint Training Facilities. However, prior to any Initial Member being obligated to pay funds in excess of those set forth in Section 4(I), Payment, each Initial Member shall have an opportunity to review the initial annual budget and determine its willingness to further participate in this Agreement. Any Initial Member may withdraw as a Member from the Joint Training Facilities upon thirty (30) days’ written notice following receipt of the initial annual budget and the provisions of Section 4(G), Withdrawal of Members, above shall not apply. Any future equitable adjustment of this allocation, including adjustments made for the addition of Members to the Joint Training Facilities Board, shall be subject to a majority vote of the Joint Training Facilities Board and any allocation of costs shall always cover 157 all the budgeted expenses. Payments to cover each Member’s allocation of costs shall be made at such times (monthly, bi-annually, annually, etc.) as determined by the Joint Training Facilities Board. C. Personnel/Employees. i. For a period of one (1) year from the Date of Commencement of Obligations provided in Section 2 above, the County shall provide, at its own cost and expense, all personnel (except instructors, which shall be provided pursuant to Section 6(D) below) needed to operate the Joint Training Facilities, including “Administrative Services.” Administrative Services shall include scheduling of course instruction and training programs, facilities management, postage, and other similar administrative services. ii. After one (1) year from the Date of Commencement of Obligations provided in Section 2 above, the Joint Training Facilities Board may either: 1. Continue to have the County provide all personnel needed to operate the Joint Training Facilities, including Administrative Services; however, all personnel shall be at the cost and expense of the Joint Training Facilities. All personnel shall be based on the actual cost to the County and, for County employees, shall include salary and benefits attributable to time spent on work performed for the Joint Training Facilities. The County shall identify the costs for personnel as a separate line item within the Joint Training Facilities Dedicated Fund (defined below in Section 7); or 2. The Joint Training Facilities Board shall interview and rank job candidates to provide all personnel needed to operate the Joint Training Facilities, including Administrative Services. All personnel shall be at the cost and expense of the Joint Training Facilities. All Joint Training Facilities personnel shall be employees of the County and hired by the McHenry County Sheriff, subject to a successful background check at the sole discretion of the McHenry County Sheriff. Discipline of Joint Training Facilities personnel and handling of grievances shall be at the discretion of the McHenry County Sheriff. The County shall be liable for any damages assessed in favor of the disciplined employee and pay all costs of defending any disciplinary decisions, including attorney fees. All costs of the grievance process, including any mediation, arbitration and court proceedings, including attorney fees incurred, shall be paid by the County. Provided, however, any employment benefits, including vacation pay, retirement benefits, etc., which are to be reimbursed to the subject employee shall be paid by the Members in accordance with the allocation of costs set forth in Section 6(B). Periodically, the Joint Training Facilities Board will conduct a staffing analysis of the Joint Training Facilities to determine that it is properly staffed. The Joint Training Facilities Board shall have the binding authority to determine staffing levels based upon the needs of the Joint Training Facilities. 158 D.Member Instructors. In conjunction with the Joint Training Facilities Board determining appropriate course instruction and training programs relating to the joint standard operating procedures adopted to meet the criteria of Illinois statutes and any rules and regulations implementing those statutes, including ILETSB, the Joint Training Facilities Board shall determine internal candidates from each Member to become approved instructors. All such instructors performing course instruction and training in relation to the Joint Training Facilities and this Agreement shall remain the employees solely of the Member which employed them to perform such services and not of any other Member. (This does not preclude the Joint Training Facilities Board from contracting with third-party instructors as needed or desired.) E.Capital Replacement Plan. The Joint Training Facilities Board shall prepare and approve a written five-year capital replacement plan in conjunction with the annual planning meeting, beginning in 2023 and continuing every five (5) years thereafter. F.Equipment. The Joint Training Facilities Board shall determine the training equipment to be utilized and/or purchased and the methods of ownership and sharing of resources, which shall be incorporated into the annual budget and the capital replacement plan. G.McHenry County EMA Operation Center. The Joint Training Facilities Board shall agree with the County on terms of use relating to the lower-level training room’s use as an operation center for the McHenry County Emergency Management Agency during emergencies and training. H.Customer Rates, Fees, and Charges. The Joint Training Facilities Board shall determine the rates, fees, and charges to Customers for utilizing the Joint Training Facilities, including rates, fees, and charges for participation in the course instruction and training programs. Parties shall take precedent over Customers in scheduling the Joint Training Facilities. I.Third-Party Rates, Fees, and Charges. The Joint Training Facilities Board shall determine the rates, fees, and charges to third parties for use of the Joint Training Facilities. Members shall take precedent over third parties for using the Joint Training Facilities. J.Modifications to Classroom Facility. The Joint Training Facilities Board shall approve any major modifications to the buildout of the Classroom Facility currently set forth on Exhibit A. K.Firearms Range. The Parties have not yet determined if the Firearms Range will be maintained by the Parties in the same financial manner as the Classroom Facility. However, it is the intent of the Parties to determine, through the Joint Training Facilities Board, the following: i.Construction Costs. The Joint Training Facilities Board shall provide input to the County relating to the construction of the Firearms Range. Prior to construction, the costs for the construction of the Firearms Range shall be the 159 sole responsibility of and paid for by the County and approved by the Joint Training Facilities Board. ii. Allocation of Operations and Maintenance Costs. Prior to operations of the Firearms Range, the Joint Training Facilities Board shall agree on whether additional law enforcement agencies are necessary or desired to participate in the costs of maintenance, repairs, and operations of the Firearms Range, whether there should be an initial contribution amount from the Initial Members, and the allocation of costs of maintenance, repairs, and operations of the Firearms Range. The Joint Training Facilities Board should determine said amounts as follows: 1. for the Initial Members if only the Initial Members participate; 2. for each Initial Member if some, but not all, of the Initial Members participate; and 3. for the Initial Members and additional Members if additional law enforcement agencies participate. iii. Right of First Refusal. Prior to any Initial Member being obligated to pay funds for the Firearms Range in excess of those set forth in Section 4(I), Payment, and agreed to consistent with Section 6(B), Allocation of Costs, each Initial Member shall have an opportunity to review the initial tentative information formulated under this Section 6(K) and determine its willingness to further participate financially in the Firearms Range. Each Initial Member shall provide written notice of its determination within sixty (60) days of receipt of the initial tentative information or upon such other date as agreed to by the Joint Training Facilities Board. Should an Initial Member determine not to financially participate in the Firearms Range, the Initial Member may only participate in the Firearms Range as a Customer. 7. Dedicated Fund. The County is acting as the fiscal agent for the Joint Training Facilities Board and shall keep a fund for the benefit of the Joint Training Facilities Board (the “Joint Training Facilities Dedicated Fund”). The Joint Training Facilities Dedicated Fund shall consist of two separate and independent categories of funds: 1) a capital fund (“Capital Fund”); and 2) a fund for the annual expenses for Administrative Services, operation, and maintenance (“Operations Fund”). On an annual basis, when the budget and annual contributions from each of the Parties are calculated, any remaining fund balance in the Operations Fund will be applied to offset the annual contributions from each Party to the Operations Fund. On a monthly basis, the County shall provide a record of the revenues, expenses, and account balances for the Capital Fund and the Operations Fund. The Joint Training Facilities Dedicated Fund shall be equally owned by the Parties but will be held in trust by the County acting as the fiscal agent. The Joint Training Facilities Dedicated Fund shall be subject to annual appropriations by each Party. 8. Employee Status. All employees of each Member who perform any services in relation to the Joint Training Facilities and this Agreement shall remain the employees solely of the Member which employed them to perform such services and not of any other Member. 160 9.Term and Termination. The term of this Agreement is perpetual, subject to a majority vote of the Joint Training Facilities Board. Upon dissolution of the Joint Training Facilities Board by majority vote of the Joint Training Facilities Board, all financial matters addressed by this Agreement shall equitably and proportionately be adjusted and allocated between the Members and all decisions thereafter regarding all matters involving the Joint Training Facilities shall be turned over to the County. However, the Members agree that they shall remain liable in accordance with Section 10, Indemnification and Liability. 10.Defense and Indemnification. A.Not a Legal Entity. The Parties acknowledge and agree that they have entered into and constructed this Agreement with the purpose, intent, and in a manner to allow intergovernmental cooperation while not creating a legal entity or separate public body. The Parties further acknowledge and agree that by entering into this Agreement, the Parties are agreeing to provide each other intergovernmental cooperation pursuant to the terms of this Agreement only and are not authorizing any Member or the Joint Training Facilities Board to take any actions that would confer legal entity or public body status on the Joint Training Facilities Board. B.Cannot Be Sued. The Parties acknowledge and agree that the Joint Training Facilities Board is not a legal entity that can sue or be sued. In the event that the Joint Training Facilities Board is named as a party to a lawsuit, claim, or action, either individually or as a co-defendant to any Party, no Party shall take any action or position that is contrary to this subsection; rather, all Parties hereby agree that unless and until a court of competent jurisdiction rules otherwise, the Parties shall not take the position that the Joint Training Facilities Board is a legally entity, public body, or can sue or be sued. C.Payment of Costs. If, and only if, a court of competent jurisdiction determines that the Joint Training Facilities Board can be sued as an independent entity related to an incident or matter pursuant to this Agreement, the Joint Training Facilities Board shall retain defense counsel to represent it in such a lawsuit, claim or action. Any costs of defense, including, without limitation all legal fees, during the pendency of such lawsuit, claim, or action shall be allocated to the Parties in the same manner as the Parties determine the annual budget is allocated under Section 6. Each Party shall be responsible for payment of its portion of the costs within thirty (30) days of receipt of an invoice. D.Indemnification. Each Party (the “Indemnifying Party”) agrees to defend itself in any actions or disputes brought against it in connection with or as a result of this Agreement and to hold harmless and indemnify every other Party (the “Indemnified Parties”) and the Indemnified Parties’ officers and employees from any losses, claims, expenses, actions or judgments, including reasonable attorney’s fees, as a result of the negligence or acts of the Indemnifying Party and Indemnifying Party’s police department. Provided, however, this shall not impair the contract rights of the Parties hereunder. Further, each Party (the “Employer”) is responsible for its personnel acting under this Agreement and releases, indemnifies and holds harmless each and every other Party hereto with regard to any claims for injury or damage made by Employer’s personnel involving employment benefits provided by law or contract. Specifically, with regard to employment 161 benefits, all employee benefits, wage and disability payments, pension and worker’s compensation claims, damage to or destruction of equipment and clothing and medical expense of the Employer’s personnel shall be paid by Employer. E.Non-Waiver of Immunities. No Party to this Agreement or while performing under the terms of this Agreement shall be deemed to waive any governmental immunity or defense to which the Party would otherwise be entitled under statute or common law. 11.Insurance. The County shall maintain for the duration of the Agreement, at the County’s expense, property insurance on the 655 Property and the structures and the Firearms Range (as set forth in Section 3) and the County or Cary, as the case may be, shall maintain for the duration of the Agreement, at the owner’s expense, property insurance on the 460 Property. Each Party participating under the terms of this Agreement shall procure and maintain, at its sol e and exclusive expense, insurance coverage which covers itself, its personnel and equipment and liability for its participation in providing assistance pursuant to this Agreement as follows: A.Commercial General Liability (including contractual liability coverage): $1,000,000 combined single limit per occurrence for bodily injury, and property damage and $1,000,000 per occurrence for personal injury. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall 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; and C.Workers’ Compensation and Employers’ Liability: Workers’ Compensation coverage with statutory limits and Employers’ Liability limits of $500,000 per accident. Such policies shall not be canceled, limited in scope, or non-renewed until after thirty (30) days written notice has been given to the other Parties. Certificates of Insurance evidencing the above- required insurance shall be supplied to the Joint Training Facilities Board within ten (10) days of approval of this Agreement. Each Party shall bear the responsibility for its own insurance even in the event of inadequate, nonexistent, or exhausted coverage. The Parties shall have no obligation to provide or extend insurance coverage to insure the personnel of any other Party to this Agreement or to insure the acts or omissions of personnel of any other Party to this Agreement. 12.Notice. Any notice required or permitted to be given by this Agreement must be in writing and is sufficiently given upon the actual receipt by the recipient, if notice is given by personal delivery or e-mail and a confirmation copy of such notice is simultaneously sent by personal delivery, U.S. certified mail (return receipt requested), or reputable overnight commercial courier service. Notices must be addressed to the recipient as set forth below or at such other address as provided pursuant to this notice provision: 162 To Algonquin: Village of Algonquin 2200 Harnish Drive Algonquin, Illinois 60102 Attn: Chief of Police Email: To Cary: Village of Cary 755 Georgetown Drive Cary, Illinois 60013 Attn: Chief of Police Email: To Lake in the Hills: Village of Lake in the Hills 600 Harvest Gate Lake in the Hills, Illinois 60152 Attn: Chief of Police Email: To McHenry City: City of McHenry 333 Green Street McHenry, Illinois 60050 Attn: Chief of Police Email: To the County: County of McHenry 2200 N. Seminary Avenue Woodstock, Illinois 60098 Attn: Sheriff, McHenry County Sheriff’s Office Email: sheriff@mchenrycountyil.gov 13.Severability. It is agreed by the parties that the provisions of this Agreement are severable. If any provision, paragraph, section, subdivision, or clause is held to be contrary to the law, or contrary to any rule or regulation having the full force and effect of law, such decision shall not affect the remaining portions of this Agreement. 14.Governing Law. The Parties agree any and all disputes, controversies, or claims arising under this Agreement shall be governed by the laws of the State of Illinois, without regard to conflicts of laws principles. The Parties further agree that the exclusive venue for all such disputes shall be the Circuit Court of the 22nd Judicial Circuit of McHenry County, Illinois, and the Parties hereby consent to the personal jurisdiction thereof. 15.Entire Agreement. It is agreed by the Parties that the Agreement of the Parties is contained herein, and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. 16.Amendments. Any alterations, amendments, deletions or waivers of any provision of this Agreement shall be valid only when executed in writing and signed by the Parties hereto. 163 17.Rights of Third Parties. Nothing herein shall be construed to create any rights or duties to third parties, it being the Parties’ mutual intent that there be no third-party beneficiaries to this Agreement. 18.No Agency Created. Only an independent governmental relationship between the Parties is created by this Agreement and no Party shall constitute an authorized agent of the other. 19.Assignment Prohibited. No Party hereto shall assign this Agreement or the rights and duties hereunder. 20.Authorized Signatory. Each person signing below on behalf of one of the Parties hereto agrees, represents and warrants that he or she has been duly and validly authorized to sign this Agreement on behalf of the Party. 21.Counterparts. This Agreement may be executed in two or more counterparts, each copy of which shall be deemed an original, and all such counterparts shall be deemed to constitute one and the same instrument. NOW, THEREFORE, the Parties have entered into this Agreement on the date set forth above. VILLAGE OF ALGONQUIN ATTEST: By: By: Debby Sosine, President Fred Martin, Village Clerk VILLAGE OF CARY ATTEST: By: By: Mark Kownick, Mayor Susan Greene, Village Clerk VILLAGE OF LAKE IN THE HILLS ATTEST: By: By: Ray Bogdanowski, President Shannon DuBeau, Village Clerk 164 CITY OF McHENRY ATTEST: By: By: Wayne S. Jett, Mayor Trisha Ramel, City Clerk COUNTY OF McHENRY ATTEST: By: By: Michael Buehler, Chair Joseph J. Tirio, County Clerk 165 EXHIBIT A 655 Property - Upper Level 655 Property - Lower Level 166 EXHIBIT B ADDENDUM NO. TO INTERGOVERNMENTAL AGREEMENT RELATING TO THE MCHENRY COUNTY CONSOLIDATED LAW ENFORCEMENT JOINT TRAINING FACILITIES THIS ADDENDUM TO INTERGOVERNMENTAL AGREEMENT (“Addendum No. ”) is made this day of , 20 by and between the VILLAGE OF ALGONQUIN, an Illinois municipal corporation acting by and through its President and Village Board (“Algonquin”); the VILLAGE OF CARY, an Illinois municipal corporation acting by and through its Mayor and Village Board (“Cary”); the VILLAGE OF LAKE IN THE HILLS, an Illinois municipal corporation acting by and through its President and Village Board (“Lake in the Hills”); the CITY OF MCHENRY, an Illinois municipal corporation acting by and through its Mayor and City Council (“McHenry City”); the COUNTY OF MCHENRY, a body politic and corporate acting by and through its County Board (the “County”); and (the “Additional Member”). WHEREAS, Algonquin, Cary, Lake in the Hills, McHenry City, and the County previously entered into that certain intergovernmental agreement entitled “Intergovernmental Agreement between the Village of Algonquin, Village of Cary, Village of Lake in the Hills, City of McHenry, and County of McHenry relating to the McHenry County Consolidated Law Enforcement Joint Training Facilities” dated , 2022 (the “Agreement”); WHEREAS, the Additional Member desires to become a Member of the Joint Training Facilities Board and be bound by the terms of the Agreement and those additional terms as set forth in this Addendum No. ; WHEREAS, pursuant to Section 4(F) of the Agreement, additional members may be added to the Joint Training Facilities Board and shall execute and become a party to the Agreement; and WHEREAS, the Parties are authorized by the terms and provisions of Section 10 of Article VII of the Illinois Constitution and the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., to enter into intergovernmental agreements, ventures, and undertakings to perform jointly any governmental purpose or undertaking any of them could do separately. NOW, THEREFORE, in consideration of the mutual covenants contained herein and those set forth in the Agreement, the Parties agree as follows: 1.Recitals. The above recitals are an integral part of this Addendum No. and are incorporated herein. 2.Bound by Agreement. The Additional Member agrees to be bound by the terms of the Agreement in addition to this Addendum No. . 167 3. Payment. The Additional Member of the Joint Training Facilities shall pay THOUSAND DOLLARS AND NO/100 ($ .00) for its initial membership to the Joint Training Facilities to the Joint Training Facilities Dedicated Fund. 4. Allocation of Costs. The annual budget for the Joint Training Facilities through December 31, , has been prepared by and agreed to by the Joint Training Facilities Board. The costs, based on said annual budget, for the maintenance repairs, and operations of the Joint Training Facilities shall be apportioned for the remainder of the year and shall be reallocated between the Members and the Additional Member pursuant to the following percentages: Municipality Percentage Allocation of Costs Algonquin 13.89 % Cary 7.22 % Lake in the Hills 11.39 % McHenry City 14.17 % County 53.33 % Additional Member TBD % Any future equitable adjustment of this allocation shall be subject to a majority vote of the Joint Training Facilities Board and any allocation of costs shall always cover all budgeted expenses. 5. Definitions. Any capitalized term or word used herein but not defined shall have the same meaning as the capitalized terms in the Agreement. 6. Addendum. This instrument is simply an addendum and is part of and integrated into the Agreement between the Members and the Additional Member. In the event that there is an inconsistency or conflict between the terms and provisions of this Addendum No. and the remainder of the Agreement, the terms and provisions of this Addendum No. shall control, govern, and prevail. NOW, THEREFORE, the Parties have entered into this Addendum No. on the date set forth above. VILLAGE OF ALGONQUIN ATTEST: By: By: , President , Village Clerk VILLAGE OF CARY ATTEST: By: By: , Mayor , Village Clerk 168 VILLAGE OF LAKE IN THE HILLS ATTEST: By: By: , President , Village Clerk CITY OF McHENRY ATTEST: By: By: , Mayor , City Clerk COUNTY OF McHENRY ATTEST: By: By: , Chair , County Clerk 169 To: Joint Training Facilities Board From: Chief Patrick M. Finlon Subject: Budget Research and Instructor Inventory Date: March 22, 2023 Attached is information used to develop an operating budget for the Law Enforcement Training Center and the Firearms Training Range. Additionally, a survey was conducted of participating agency personnel to determine those training topic areas that they are qualified to provide instruction. Upon gathering this information, a preliminary analysis was conducted to identify topics that have sufficient instructors and those topics areas that require additional qualified personnel to present instruction. Budget Development The initial budget has been developed using several sources. First, historic data from the Village of Cary was used to estimate the operating costs for utilities and telecommunications in its previous use as the Village Hall and Police Department. Second, McHenry County budget estimates were used for estimates related to maintenance/repair costs, maintenance contract and for costs related to assigned personnel. Finally, a representative of InVeris Training Solutions [Kyle Badger Tx. (678) 630-9049] was consulted to develop costs related to the maintenance and operation of the firearms range as well as reporting operating costs previously received from On-Target Range and Tactical Center. InVeris Training Solutions is the successful bidder awarded the contract to install range equipment for the Firearms Range located at 460 Cary Woods Circle, Cary IL. Labor costs related to the Joint Training Facilities, provided by the McHEnry County Sheriff’s Office,would include an assigned Administrative Assistant (annual salary - $66,000.00) and a Janitor (annual salary - $50,000.00). These costs were split evenly between the two facilities. What is not included in the proposed budget is an amount for capital improvement funding, which will be developed for an annual assessment, and the costs for McHenry County to obtain insurance for the Training Center and Firearms Range. The summary of the operating budget for the Joint Training Facilities is depicted in the table below: McHenry County Law Enforcement Regional Training Center McHenry County Sheriff Sheriff Robb Tadelman Undersheriff John Bucci Algonquin PD Chief Dennis Walker Cary PD Chief Patrick Finlon Lake in the Hills PD Chief Mary Frake McHenry PD Chief John Birk 170 McHenry County Law Enforcement – Regional Training Center Budget Research and Instructor Inventory –March 22, 2023 Page - 2 More detailed information related to the budget is provided in the attached spreadsheets. The share of the operating budget is assessed on a pro-rated basis to the members of the Joint Training Facilities Board based upon the number of agency personnel that will regularly require firearms qualification. An adjustment was made to address McHenry County Sheriff’s Office Corrections and Court Security personnel. A factor of .5 is used in determining the total number of McHenry County Sheriff’s personnel assigned to these functions. The table below depicts the number of personnel from participating agencies: Agency Personnel Adjusted Personnel Total Algonquin PD 50 50 50 Cary PD 26 26 26 Lake in the Hills PD 41 41 41 McHenry PD 51 51 51 McHenry County Sheriff - Patrol 104 104 192 McHenry County Sheriff – Corrections/Courts Security 176 88 Total 360 Based on the developed annual budget and total personnel, the table below depicts the proportional annual assessment for each Joint Training Facilities Board member agency: Agency Personnel Proportional Assessment (%) Assessment ($) Algonquin PD 50 13.89 44,975.75 Cary PD 26 7.22 23,387.39 Lake in the Hills PD 41 11.39 36,880.12 McHenry PD 51 14.17 45,875.27 McHenry County Sheriff’s Office 192 53.33 172,706.89 This does not include the $5,000.00 initial Joint Training Facilities Board membership assessment. Instructor Inventory Participating agencies were asked to submit a roster of agency personnel that are qualified as instructors, preferably Illinois Law Enforcement Training and Standards Board (ILETSB) certified. A total of 42 individuals were identified as instructors, 10 of which have applications pending with Location Annual Budget Training Center $ 149,959.42 Firearms Range $ 173,866.00 Total $ 323,825.42 171 McHenry County Law Enforcement – Regional Training Center Budget Research and Instructor Inventory –March 22, 2023 Page - 3 ILETSB. There was also a lack of uniformity related to the title of topic areas. The McHenry County Sheriff’s Office had the most identified instructors with Cary PD having the least number of ILETSB certified instructors. Generally, the inventory identified a great deal of instructional talent within the participating agencies. More detail related to the Instructor Inventory can be found in the attached chart. Training Topic Analysis An objective of the intergovernmental agreement establishing the Law Enforcement Regional Training Center is to provide training opportunities to satisfy the training mandates established by Public Act 101-0652 (50 ILCS 705/7(g) and (h)), and (50 ILCS 705/10.6). In reviewing the instructor topics, the training topics can be categorized in the following manner: First Aid Investigations Legal Tactics Traffic Emergency Vehicle Operation The majority of instructor expertise is found in the areas of “Tactics” and “Legal” - specifically, in the “Use of Force” and “Firearms Proficiency/Qualification” areas. Areas of training that are important to the delivery of law enforcement services but are not found within the inventory of instructors includes: Communications Leadership/Supervision Mental Health and Wellness Crisis Intervention For reference, the following in-service training mandates that are required by statute and identified by a summary document distributed by the Illinois Training and Standard Board – effective July 1, 2022 are provided for review and comparison to the instructor inventory: Annually (no minimum hours assigned to annual mandates) Crisis intervention training; Emergency medical response training and certification; Law updates; Officer wellness and mental health; Firearms Restraining Order Act (Certificate Required); and Firearms Qualification Every 3-years (30-hours of training - minimum) Sexual Assault /Trauma informed response (all police officers); Constitutional and proper use of law enforcement authority; Cultural competency (including implicit bias along with ethnic & racial sensitivity training); Civil rights, Human rights; Procedural justice; Reporting child abuse and neglect; Sexual Assault/Abuse Investigator Training (for those who investigate sexual assault crimes); Use of Force [At least 12-hours of hands-on, scenario-based role-playing and at least 6-hours of instruction on use of force techniques, including the use of de-escalation techniques to prevent or reduce the need for force whenever safe and feasible or when force must be used, to use 172 McHenry County Law Enforcement – Regional Training Center Budget Research and Instructor Inventory –March 22, 2023 Page - 4 force that is objectively reasonable, necessary, and proportional under the totality of the circumstances; and to ensure appropriate supervision and accountability], [at least 6-hours of training focused on high-risk traffic stops], [Specific training on officer safety techniques, including cover, concealment, and time], [Specific training on the law concerning stops, searches and use of force under the Fourth Amendment to the United States Constitution], [the scenario-based hours can be done in any of the aforementioned areas of education & training under Use of Force and are not specific to the ‘6 & 6’ areas only]. Every 5-years (no minimum hours assigned) Psychology of Domestic Violence Liaison with Mobile Training Unit #3 – NEMRT I had occasion to speak with the Director of North East Multi-Regional Training (MTU-3), Joe Schweihs regarding the Regional Training Law Enforcement Training Center and its proposed operations. I explained to Director Schweihs the composition of the Joint Training Facilities Board and the plan as it relates to training delivery. He indicated that the Board would only need to designate one individual to represent the participating agencies with NEMRT as it relates to reporting training documents for approval or certification. 173 174 McHenry County DRAFT Budget Law Enforcement Training Facilities 410500 Utilities - Light & Power 410525 Utilities - Heating/Gas 410550 Utilities - Water/Sewer 413000 Maintenance Agreements Alpha Controls $ 1,000.00 Boiler Insp. - State Fire Marshal $ 250.00 Doors - Automatic Doors - Coiling Fire Doors - Overhead Door $ 775.00 Elevator Inspections $ 2,705.00 Fire Alarm / Pumps / Sprinklers $ 1,975.00 Fire Extinguisher $ 100.00 Generator Prev. Maint.$ 2,005.00 HVAC Preventative Maintenance $ 6,200.00 Misc. Agreements $ 1,000.00 Pest Control $ 500.00 Roof Inspections $ 375.00 Janitorial Services $ - Window Cleaning $ 350.00 Sub total $ 17,235.00 430500 Repair & Maint. - Building & Grounds Doors - Other Door Repair $ 275.00 Doors - Closers $ 220.00 Doors - Overhead Door Repairs $ 850.00 Elect-Supplies $ 400.00 Electrical Repair $ 1,150.00 Fire Alarm Repairs $ 750.00 Fire Sprinkler Repairs $ 1,000.00 General Building Materials - Menards Etc.$ 195.00 Grounds - Concrete Sidewalks and Curb Repairs $ 750.00 Grounds - Sealcoating, Patching and Striping $ 500.00 Light Bulbs $ 250.00 Locks $ 315.00 Mech - Pump Repairs $ 1,000.00 175 Paint & Paint Supplies $ 125.00 Plumbing-Repairs $ 1,550.00 Plumbing-Supplies $ 500.00 Roof Repairs $ 400.00 Testing & Balance $ - Grainger $ 250.00 Other/Contingency $ 1,100.00 Sub total $ 11,580.00 430590 Repair & Maint. - Heavy Machinery Elect - Motors - Dresilker $ 800.00 Elect-VFD Repairs $ - Generator Repairs $ 1,400.00 HVAC - Building Automation Repairs $ 600.00 HVAC - Filters HVAC Parts $ 600.00 HVAC - Refrig. Parts $ 500.00 Mech - Boiler Repairs $ 2,200.00 Mech - RTU Repairs $ 1,200.00 Other/Contingency $ 1,150.00 Sub total $ 8,450.00 444900 Garbage Disposal Garbage Disposal $ 1,140.00 Shred Service $ 384.00 Sub total $ 1,524.00 445000 Snow Removal Ice Melt Sidewalks $ 150.00 Shovels and Misc $ 55.00 Snow Blower Service $ - Snow Plow Service $ 8,472.00 Snow Plow Risk to Zero (10%)$ 847.20 Sub total $ 9,524.20 176 Page1of3 February 8, 2023 Cary Police Department Address: 755 Georgetown Drive Cary, Illinois 60013 Attn: Patrick Finlon pfnlon@caryillinois.com 847-474-8046 REF: 2023-1045 MAINTENANCE AGREEMENT 1.1. This agreement is made and entered into this _____ of ________ 2023 by and between InVeris Training Solutions and Cary Police Department. Under the terms of this agreement, InVeris Training Solutions will provide all labor, travel, expenses, etc., required to perform the maintenance and repairs, as needed, at the Customer’s facility. This agreement provides for 4 visit(s) per year for 1 year(s) to be scheduled in conjunction with other local area visits. All work performed will be as described herein. Scheduling of this contract is pre-scheduled by the customer by month; specific day is the decision of both parties mutual agreement. 2.1. The Work During each visit a certified InVeris Training Solutions technician will perform the following services on site: 1. Test for proper operation all components of the target conveying systems. 2. Check and adjust drive belts, cables, electrical connection, target stops, carriers, take-up assemblies and all other components of the conveying system not mentioned herein. Any wheels, hardware, or pulleys necessary will be supplied at an additional charge. 3. Lubricate, as required, all components requiring lubrication. 4. Clean the overhead track system of debris as required. 5. Repair as required any non-functioning target lane or component thereof. Including electronic assembles and the master control console. (On site only and parts are extra) 6. Inspect all ballistic protection equipment including the bullet trap for improper wear and tear or the accumulation of lead and/or other debris. 7. During the course of work the InVeris Training Solutions technician will provide the customer with basic instruction of maintenance, operation procedures and training on the system. 8.Range must be closed until maintenance is complete. 177 Page2of3 3.1 Payment In consideration of the above, the customer agrees to pay InVeris Training Solutions within 30 days of the rendered services, the sum outlined below per visit plus parts provided under this agreement, plus the amount of parts used as authorized by the customer. S-SV Year One Service Visit(s) 4 $1,989.00 $7,944.00 Parts Spare Parts 1 $1,000.00 $1,000.00 Total: $8,944.00 4.1 Special Conditions This agreement shall remain in full force and effect for a period of 1 year(s) from the date of this agreement. Maintenance contract, unless specified below, will assume expiration date from 1 years of the “contract entered date” provided by you in paragraph 1.1 herein. Other expiration date: 4.2 This agreement may be renewed, subject to a renegotiated price, by the customer serving written notice on InVeris Training Solutions within 10 days of its expiration. 4.3 InVeris Training Solutions Inc. agrees to provide its standard commercial insurance coverage for general liability and workman’s compensation. Upon request, InVeris shall provide proof of insurance that will include InVeris’ standard commercial limits. 4.4 All work completed under this contract will be covered by a 90 day parts and labor warranty. 4.5 This offer is only valid for 90 days. 5.1 Exclusions Lead removal and or bullet trap repair is not covered under this agreement. 6.1 Please indicate below when your fiscal budget year begins: ______________ And the submittal deadline for all proposal renewals: ____________ 7.1 Other Conditions The InVeris Training Solutions, Inc. (IVTSI) Standard Spares/Repairs and Service Terms and Conditions and IVTS-SVC-002-REV10_05-18-2022 incorporated by reference herein apply to purchase order(s) and/or credit card sale(s) issued by Buyer to Seller that result from this request for pricing. If the Seller receives a purchase order or credit card sale for item(s) the Seller presumes that the buying agency has followed all required competition justifications. IVTS shall provide a copy to the Buyer of the aforementioned document upon request. By signing this offer the parties agree that the terms and conditions of this offer shall govern the Service and shall be binding upon both parties. The State Laws of Delaware shall govern this agreement. This offer represents the agreement of both parties and shall supersede any and all contracts, agreements, or understandings regarding the Service being performed under this offer. 178 Page3of3 8.1 Spare Parts Customer agrees IVTS is authorized to charge up to $1,000.00 per year for spare parts required to maintain equipment for the duration of this maintenance agreement Pursuant to the above terms and conditions this contract has been duly executed by the following parties: __________________________________________________ Cary Police Department Kyle Barger Field Service Manager InVeris Training Solutions, Inc. Tel: 678.288.1169 Fax: 678.288.1503 kyle.barger@inveristraining.com Service Help Desk Toll Free Phone: (800) 344-6771 179 180 181 Personnel - Proportion Algonquin 50 13.89% Cary 26 7.22% Lake in the Hills 41 11.39% McHenry 51 14.17% McHenry County 192 53.33%104 "176 * .5 Total 360 2023 Assessment Algonquin 44,975.75 Cary 23,387.39 Lake in the Hills 36,880.12 McHenry 45,875.27 McHenry County 172,706.89 Total 323,825.42 2023 Assessment 655 Building Algonquin 20,827.70 Cary 10,830.40 Lake in the Hills 17,078.71 McHenry 21,244.25 McHenry County 79,978.36 Total 149,959.42 2023 Assessment Firearms Range Algonquin 24,148.06 Cary 12,556.99 Lake in the Hills 19,801.41 McHenry 24,631.02 McHenry County 92,728.53 Total 173,866.00 182 Training CenterService CategoryServiceProviderAnnual CostsCommentsUtilitiesElectricityComEd28,500.00UtilitiesNatural GasNicor11,060.22UtilitiesWater/SewerVillage of Cary 2,500.00Telephone/InternetComcast, Call One, TIG33,247.94Maintenance Agreements HVAC Controls, Doors, Elevator,15,384.24Fire Alarm, Sprinkler, Fire Ext.,Pest Control, Roof Inspection,Window CleaningRepair and Maintenance Doors, Electrical, Fire Alarm,11,580.00Sprinkler, concrete, sealcoating,parking lot, light bulbs, locks,Paint, plumbing, roof repairsRepair/Maint. - Heavy Equip Motors, HVAC, Boiler repairs,7,050.00Rooftop units, othersGarbage Disposal1,524.00Snow Removal9,524.20Generator Maintenance0.00 Sheriff Sub-Station OnlyLegal Services1,000.00InsuranceMcHenry County recapture10,000.00Staffing/Labor58,000.00Reserve MaintenancePolicy DeterminedTotal189,370.6070% of Operating149,959.42Includes 100% Personnel Recapture183 Firearms RangeServiceProviderProviderAnnual CostsCommentsUtilitiesElectricityComEd17,495.00UtilitiesNatural GasNicor18,330.00UtilitiesWater/SewerVillage of Cary 1,750.00Grounds Maintenance Snow/Ice RemovalN/CGrounds Maintenance Lawn MaintenanceN/CGrounds Maintenance Landscape care and Maintenance400.00Waste ManagementRefuse Collection2,640.00Telecommunications Internet/PhonesComcast10,200.00Fire SafetyFire Extinguisher Inspection485.00Fire SuppressionSprinkler1,000.00Fire SuppressionInspection/Maintenance1,127.00Fire AlarmAlarm960.00Security SystemsBurglar Alarm960.00Security SystemsAccess Control1,200.00Pest Control480.00Range MaintenanceRange Re-CommissioningCarey's HVAC2,695.00HVAC MaintenanceMG Mechanical 1,200.00Range MaintenanceAir FiltersMG Mechanical 20,000.00Range MaintenanceAir Filter DisposalMG Mechanical 15,000.00Range MaintenanceTrap Mining/Lead Remediation Inveris0.00 Determined on use (Lead and Brass)Range MaintenanceMechanical and Trap PMCS Inveris9,944.00 Mining after 500,000 to 600,000 rounds totalInsuranceMcHenry County recapture10,000.00Staffing/Labor58,000.00Reserve MaintenancePolicy DeterminedTotal173,866.00Lead/Brass RecyclingApplicable 2024 (Negative Number)Combined Operating Costs323,825.42184 Emergency Medical ResponseFirst Aid/Tactical TraumaFirst Aid/Tactical CareImmediate Trauma Care/Proper Application of TorniquetPressure Bandages and Treatment of ShockSelf-Aid/Buddy Aid for Police OfficersConsitutional and Proper Use of LE AuthorityProcedural JusticeCivil RightsKnowledge of Policies and LawUnreasonable Use of Force/Excessive Use of ForceLegal UpdatesSearch and SeizureUse of Force - De-EscalationUse of ForceRapid Deployment/Rescue Task ForceManagement and Control TacticsCover Concealment and TimeHandcuffing and Edged WeaponsControl TacticsFirearms ProficiencyDefensive/Control TacticsBasic SWATCQBBuilding Patrol CQB Program (1 and 2)Officer Safety TechniquesBallistic ShieldActive Threat TrainingActive Shooter RefresherLow-Light EngagementsDe-Escalation Training - Scenario BasedUse of Force - Scenario BasedTASERStandardized Field Sobriety TestingStandardized Field Sobriety Testing - RefresherTraffic RADAR/LIDAR (Entire Course)High Risk Traffic StopsDrug Recognition ExpertCrisis Intervention (Not CIT)Trauma -Informed Response to Sexual AssaultSexual Assault InvestigatorEmergency Vehicle Operation Course (EVOC)High Risk Event PlanningNameAgencyKevin ByrnesMcHenry County SheriffX XX XX XTim CreightonMcHenry County Sheriff XXJason NovakMcHenry County SheriffX XXDerick WatersMcHenry County SheriffXX XEric WoodsMcHenry County SheriffX XXXDavid BachmanMcHenry County SheriffXXNoah KnudsonMcHenry County SheriffXXXXAlex EmbryMcHenry County SheriffX XX XHector GarzaMcHenry County SheriffXXXXXAmber KnollMcHenry County Sheriff XEric EllisMcHenry County SheriffXX XXAlan SabolMcHenry County SheriffMichael FlanneryMcHenry County SheriffJohn WisniewskiMcHenry County SheriffMcKeenMcHenry PDXXXXKinneyMcHenry PDXXXRewiakoMcHenry PDX XXCruzMcHenry PDXXXXHendricksonMcHenry PDXX X XX X XXXFisherMcHenry PDX X X X X X XXX XPolidoriMcHenry PDX X X X X XVoelkerMcHenry PDXXXXJ. DucakMcHenry PDXX XAalltoMcHenry PDX X XXXXX XLegalTacticsInvestTrafficFirst AidInstructor InventoryPage 1 of 2185 Emergency Medical ResponseFirst Aid/Tactical TraumaFirst Aid/Tactical CareImmediate Trauma Care/Proper Application of TorniquetPressure Bandages and Treatment of ShockSelf-Aid/Buddy Aid for Police OfficersConsitutional and Proper Use of LE AuthorityProcedural JusticeCivil RightsKnowledge of Policies and LawUnreasonable Use of Force/Excessive Use of ForceLegal UpdatesSearch and SeizureUse of Force - De-EscalationUse of ForceRapid Deployment/Rescue Task ForceManagement and Control TacticsCover Concealment and TimeHandcuffing and Edged WeaponsControl TacticsFirearms ProficiencyDefensive/Control TacticsBasic SWATCQBBuilding Patrol CQB Program (1 and 2)Officer Safety TechniquesBallistic ShieldActive Threat TrainingActive Shooter RefresherLow-Light EngagementsDe-Escalation Training - Scenario BasedUse of Force - Scenario BasedTASERStandardized Field Sobriety TestingStandardized Field Sobriety Testing - RefresherTraffic RADAR/LIDAR (Entire Course)High Risk Traffic StopsDrug Recognition ExpertCrisis Intervention (Not CIT)Trauma -Informed Response to Sexual AssaultSexual Assault InvestigatorEmergency Vehicle Operation Course (EVOC)High Risk Event PlanningNameAgencyLegalTacticsInvestTrafficFirst AidInstructor InventoryAmy BucciAlgonquin PDX XVergaraAlgonquin PDSkrodzkiAlgonquin PDDolesAlgonquin PDWilkinAlgonquin PDPelayoAlgonquin PDReveraAlgonquin PDPalmerAlgonquin PDMike BoyceLake in the Hills PDXXDraftzLake in the Hills PDX XXXXHowenLake in the Hills PDXXDestefanoLake in the Hills PDXLeeLake in the Hills PDXXXXDeckerLake in the Hills PDXCarsonLake in the Hills PDXManninoLake in the Hills PDXXRiffeLake in the Hills PDXScott NaydenoffCary PDX X XXXTotal3 2 1 1 1 1 5 4 4 2 2 1 3 7 9 5 1 5 1 1 13 2 3 1 3 1 1 2 1 3 4 2 3 1 1 1 7 1 1 1 2 4 1= Planned or ProposedPage 2 of 2186 187 188 189 190 191 192 193 MINUTES REGULAR CITY COUNCIL MEETING Monday, April 17, 2023, 7:00 p.m. City Council Chamber, 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 - absent, Alderman Strach, Alderman Devine, Alderwoman Miller, and Mayor Jett. Others present Attorney McArdle, 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 Hearing: Call to order a Public Hearing for the proposed Fiscal Year 2023/2024 Budget A motion was made by Alde rwoman Miller and seconded by Alderman Strach to enter Public Hearing at 7:02 PM: Roll Call: Vote 7:-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0 - nays-, 0-abstained. Motion carried. No public comment Motion to adopt the Fiscal Year 2023/2024 of $64,746,035 A motion was made by Alderman McClatchey and seconded by Alderman Santi to adopt the Fiscal Year 2023/2024 budget for $64,746,035. Roll Call: Vote 7: -ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Str ach, Alderman Devine, Alderwoman Miller. 0 -nays-, 0-abstained. Motion carried. No public comment Public Comments: None 194 Consent Agenda. Motion to Approve the following Consent Agenda Items as presented: A.Annual appointments to Boards, Commissions, and Other Offices. C.Competitive bidding and approve a Purchase Order in the amount of $334,152.28 to EJ Equipment, Inc. of Manteno, Illinois for the purchase of a street sweeper unit. (Public Works Director Strange) D.Approval of an Ordinance amending Title 4, Chapter 6, Video Gaming Terminals, Editing Section 4-6-8: Number of Licenses, of the McHenry City Code. (Deputy City Clerk Johnson) E.Approval of FY23/24 Liquor License Renewals (May 1, 2023 , through April 30, 2024) as presented, conditioned upon receipt of required paperwork and payment of fees. (Deputy City Clerk Johnson) F.Approval of FY23/24 Video Gaming License Renewals (May 1, 2023, through April 30, 2024) as presented, conditioned upon receipt of required paperwork and payment of fees. (Deputy City Clerk Johnson) G.Pass a Second Addendum to Tolling Agreement (City Attorney McArdle) I.April 3, 2023, City Council Meeting Minutes; J.Issuance of Checks in the amount of $259,349.13; K.As Needed Checks in the amount of $91,958.35. A motion was made by Alderman Strach and seconded by Alderman Devine t o approve Consent Agenda Item as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. *Clerk’s note: Agenda item pulled by Alderman McClatchey B.Resolution designating April 30 – May 6, 2023 “National Small Business Week in the City of McHenry.” (Community Development Director Martin) Alderman McClatchey would like the resolution read small businesses are important and would like it to be heard during the meeting, Administrator Morefield did read the proclamation. Alderman Glab stated the fourth statement in the proclamation, supporting our entrepreneurs, is very important in his opinion. 195 A motion was made by Alderman McClatchey and seconded by Alderwoman Miller t o approve Consent Agenda Item as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. *Clerk’s note: this item was pulled by Alderwoman Miller H.Parks & Recreation Facilities & Special Use Permit Requests; Alderwoman Miller stated that there will be two bouncy houses at the event and would like to add that to the motion to approve. Director Hobson confirmed that the request has gone through the correct steps to be approved. A motion was made by Alderwoman Miller and seconded by Alderman McClatchey t o approve Consent Agenda Item as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Individual Action Item Agenda: A.Class A Liquor License to Northern Club 2314, Inc., located at 2314 W. Illinois Route 120 Motion to approve a Class A Liquor License to Northern Club 2314, Inc., located at 2314 W. Illinois Route 120 and, if approved, pass an Ordinance amending Title 4, Chapter 2 Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses. (Deputy City Clerk Johnson) A motion was made by Alderman Santi and seconded by Alderman Strach to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. No public comment. B.Video Gaming License to Northern Club 2314, Inc., located at 2314 W. Illinois Route 120 Pending approval of Agenda Item 8A, a motion to approve or deny a Video Gaming License to Northern Club 2314, Inc., located at 2314 W. Illinois Route 120, subject to the execution of a Video Gaming Development Agreement, and if approved, a motion to amend the ordinance limiting the number of video gaming license location s. (Deputy City Clerk Johnson) 196 Alderman Santi asked the question, of how soon will they be opening and what is the state’s stance on timing, it could be up to six months per the petitioner. Would like to open within the next 60 days. Alderman Glab stated it seems that video gaming is not slowing down, and hopes that it is pleasant for those that gamble in the establishments. No public comments. A motion was made by Alderman Strach and seconded by Alderman Santi t o approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. No public comment C. Class A Liquor License to Epic Foods LLC, located at 2616 Schaid Court Motion to approve a Class A Liquor License to Epic Foods LLC, located at 2616 Schaid Court, subject to the successful completion of background checks, and, if approved, pass an Ordinance amending Title 4, Chapter 2 Alcoholic Liquor, Section 6, License Classification and Fees; Approval Authority; Limitation on Number of Licenses. (Deputy City Clerk Johnson) A motion was made by Alderman Harding and seconded by Alderwoman Miller t o approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. No public comment Alderman McClatchey was curious if the deli is being operated the same way, but they are working on what sandwiches are selling and keeping them the same. Alderwoman Miller jumped from the car business to the restaurant business – working with some of those that worked in the restaurant business. D. Video Gaming License to Epic Foods LLC, located at 2616 Schaid Court Pending approval of Agenda Item 8D, a motion to approve or deny a Video Gaming License to Epic Foods LLC, located at 2616 Schaid Court, subject to the execution of a Video Gaming Development Agreement, and if approved, a motion to amend the ordinance limiting the number of video gaming license locations . (Deputy City Clerk Johnson) Alderman Santi had asked about partitions for the gaming and wanted to know if the petitioners know about this, per Administrator Morefield that is correct. 197 A motion was made by Alderman Strach and seconded by Alderman Santi t o approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. No public comment E.City Council Policy for the Recruitment and Hiring of City Administrator Motion to adopt a policy establishing a formal process for the recruitment and hiring of the position of City Administrator for the City of McHenry. (City Council) Alderman Glab asked about when and who is interested in the interviewing process. Due to some of the confidentially the names are not able to be shared with those applying. A motion was made by Alderman Strach and seconded by Alderwoman Miller t o approve Individual Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 1- nays- Alderman Glab, 0-abstained. Motion carried. No public comment Discussion Item Agenda: None Staff Reports: Staff reports are provided at the first meeting of each month. Director Hobson spoke regarding the dynamic changes occurring down at Miller Point. Recapping that construction is in progress and the foundations for the tiny shops are in, looks to be making the deadlines. Restroom excavation has started as well, in such a short time. Fort McHenry, splash pad should open May 1st, then it will be enclosed as well for safety. Also touched upon was the parking which mentioned how donations have funded this project. Director Hobson also talked about Veterans Parks’ new entrance sign, it should be completed by Memorial Day, the bricks and stonework. Peterson Farm will be hosting the high school American Studies students in total 70 will be there visiting on two trips. McHenry Riverwalk received the plans that will be in review, the documents from HR Green. Lastly, Director Hobson stated that Castle Autoplex, offered to move forward with the partnership for the dog park. Mayor Jett also commented on the donors for the Splash pad stating that he is also going to have a sign to express thanks to those that have helped donate. Administrator Morefield touched upon the awarded 2.5 million dollars in Route 31 expansion. Director Strange also touched upon some of the other areas within the road improvements. 198 Administrator Morefield stated that there will be a photographer for those that are new along with a group picture as well and he will be giving notice as to when that will be occurring. Mayor’s Report: Mayor Jett took some time to thank The Council members who had served and will no longer be returning: Alderman Devine and his wife Amy and Ryan Harding and his wife Jackie for all the work they have done Council. Congratulations to Alderman Glab as well for being reelected. Chris Bassi and Mike Koch will be the new members joining. City Council Comments: Alderman Devine wanted to thank everyone and the residents of the town especially Ward 6 proud of everything that has been accomplished. Alderman Harding stated it was an honor serving, everyone was responsive and a pleasure to work with. Alderman Glab talked about signs that the developers are putting up all over the city and wanted to bring that to attention. Alderman McClatchey- stated that Alderman Harding and Alderman Devine said they are great guys and will be missed. Alderwoman Miller was also thanked by Alderman Strach for the next four years as well. Alderman Santi also congratulated the members along with the newly elected, looking forward to working with them. He also talked about the golf carts and the safety of the downtown areas such as Green Street. Alderwoman Miller thanked those who served and welcomed the new, thank you for the extra efforts. City Clerk Ramel also commented on the positive remarks she has been hearing regarding the many town improvements being made and gave kudos to The Council. Executive Session as needed: None Adjourn: A motion was made by Alderman Devine and seconded by Alderman Harding to adjourn the meeting at 7:52. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0-nay-, 0-abstained. Motion carried. X Mayor Wayne Jett X City Clerk Trisha Ramel 199 Expense Approval Register  McHenry, IL List of Bills Council Meeting 5‐1‐23 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: BASSETT, ALEX  BASSETT, ALEX 4659 04/30/2023 SOFTBALL LEAGUE REFUND 100‐41‐3637 575.00 Vendor BASSETT, ALEX Total:   575.00 Vendor: COMED  COMED 31350‐71021 2023 04/30/2023 DEC‐MARCH 2023 ST LIGHTS 100‐33‐5520 74,644.86 Vendor COMED Total:   74,644.86 Vendor: CONDUENT HR SERVICES LLC  CONDUENT HR SERVICES LLC 1678433 04/30/2023 HSA MARCH 2023 600‐00‐6960 51.75 Vendor CONDUENT HR SERVICES LLC Total:   51.75 Vendor: CONSTELLATION NEWENERGY INC  CONSTELLATION NEWENERGY    INV0014494 04/30/2023 UTIL 6220 SHANNON  100‐33‐5520 4,784.99 Vendor CONSTELLATION NEWENERGY INC Total: 4,784.99 Vendor: DEBOLT, JUSTIN  DEBOLT, JUSTIN 318361 04/30/2023 REIMBURSEMENT FOR 760‐00‐5110 60.00 Vendor DEBOLT, JUSTIN Total: 60.00 Vendor: FREUND & SON INC, S H  FREUND & SON INC, S H 3‐31‐23 04/30/2023 C & D OFFICES 100‐01‐8900 38,129.63 Vendor FREUND & SON INC, S H Total:   38,129.63 Vendor: HLR  HLR 20230700 04/30/2023 DARTMOOR DR RESURF PH II 270‐00‐8600 260.00 Vendor HLR Total:   260.00 Vendor: INFOSEND, INC  INFOSEND, INC 232998 04/30/2023 W‐S BILLING 100‐04‐5310 4,637.21 INFOSEND, INC 232998 04/30/2023 W‐S BILLING 100‐04‐5330 1,466.28 Vendor INFOSEND, INC Total:   6,103.49 Vendor: K ADAMS FOTO  K ADAMS FOTO 1133 04/30/2023 PHOTOSHOOT 100‐01‐5110 310.00 Vendor K ADAMS FOTO Total: 310.00 Vendor: MARSH USA INC  MARSH USA INC 376338988188 04/30/2023 S YOUNGBLOOD NOTARY 100‐01‐5110 20.00 MARSH USA INC 376339807126 04/30/2023 BIRK NOTARY BOND 100‐22‐5110 20.00 Vendor MARSH USA INC Total:   40.00 Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK  MCANDREWS PC, THE LAW INV0014498 04/30/2023 APRIL 2023 TRAFFIC 100‐01‐5230 4,000.00 Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total: 4,000.00 Vendor: NICOR GAS  NICOR GAS INV0014493 04/30/2023 UTILITIES 100‐42‐5510 557.19 NICOR GAS INV0014493 04/30/2023 UTILITIES 100‐43‐5510 217.22 NICOR GAS INV0014493 04/30/2023 UTILITIES 100‐46‐5510 85.75 NICOR GAS INV0014493 04/30/2023 UTILITIES 400‐00‐5510 402.46 NICOR GAS INV0014495 04/30/2023 UTIL 100‐42‐5510 557.19 NICOR GAS INV0014495 04/30/2023 UTIL 100‐43‐5510 217.22 NICOR GAS INV0014495 04/30/2023 UTIL 100‐45‐5510 305.71 NICOR GAS INV0014495 04/30/2023 UTIL 100‐46‐5510 85.75 NICOR GAS INV0014495 04/30/2023 UTIL 400‐00‐5510 402.46 NICOR GAS INV0014496 04/30/2023 UTIL 510‐31‐5510 1,098.08 NICOR GAS INV0014496 04/30/2023 UTIL 510‐32‐5510 10,207.43 Vendor NICOR GAS Total:   14,136.46 4/26/2023 2:57:20 PM 200 Expense Approval Register Packet: APPKT02670 ‐ AP CKS 5‐1‐23 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD  OTTOSEN DINOLFO 153783 04/30/2023 LABOR 100‐01‐5230 240.00 Vendor OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD Total:   240.00 Vendor: PANKOW, JILLIAN  PANKOW, JILLIAN 5207 04/30/2023 REFUND ON POOL PASS 100‐41‐3634 40.50 Vendor PANKOW, JILLIAN Total:   40.50 Vendor: REINHARD, MANDY  REINHARD, MANDY 4800 04/30/2023 PGM CXL 100‐41‐3637 150.00 Vendor REINHARD, MANDY Total: 150.00 Vendor: ROBINSON ENGINEERING LTD  ROBINSON ENGINEERING LTD  23040054 04/30/2023 WELL NO 14 580‐31‐8500 827.75 ROBINSON ENGINEERING LTD    23040055 04/30/2023 N RIVERSIDE DR PARKING LOT    100‐01‐8900 10,213.75 Vendor ROBINSON ENGINEERING LTD Total: 11,041.50 Vendor: STATE HOUSE INN  STATE HOUSE INN INV0014497 04/30/2023 HOTEL ‐ OFFICER MEMORIAL:  100‐22‐5420 223.44 Vendor STATE HOUSE INN Total:   223.44 Vendor: SWANSON, ERIN  SWANSON, ERIN 5209 04/30/2023 REFUND ON OVERCHARGE FOR    100‐41‐3634 49.50 Vendor SWANSON, ERIN Total:   49.50 Vendor: ULTRA STROBE COMMUNICATIONS INC  ULTRA STROBE 083034 04/30/2023 EQUIP INSTALL 100‐01‐8300 2,244.95 ULTRA STROBE 083055 04/30/2023 2023 SILVERADO WHITE 100‐01‐8300 2,039.00 ULTRA STROBE 083058 04/30/2023 2023 TRAVERSE SILVER ‐ EQUIP  100‐01‐8300 325.00 Vendor ULTRA STROBE COMMUNICATIONS INC Total:   4,608.95 Vendor: US BANK EQUIPMENT FINANCE  US BANK EQUIPMENT FINANCE    498744986 04/30/2023 C HALL COPIERS 620‐00‐5110 598.56 US BANK EQUIPMENT FINANCE    499517910 04/30/2023 PW COPIER 620‐00‐5110 336.21 Vendor US BANK EQUIPMENT FINANCE Total:   934.77 Vendor: WINNEBAGO LANDFILL CO  WINNEBAGO LANDFILL CO 11552 04/30/2023 SLUDGE 510‐32‐5580 1,584.80 Vendor WINNEBAGO LANDFILL CO Total:   1,584.80 Grand Total:   161,969.64 4/26/2023 2:57:20 PM 201 Expense Approval Register Packet: APPKT02670 ‐ AP CKS 5‐1‐23 Fund Summary  Fund Expense Amount   100 ‐ GENERAL FUND 146,140.14   270 ‐ MOTOR FUEL TAX FUND 260.00  400 ‐ RECREATION CENTER FUND 804.92   510 ‐ WATER/SEWER FUND 12,890.31   580 ‐ UTILITY IMPROVEMENTS FUND 827.75   600 ‐ EMPLOYEE INSURANCE FUND 51.75   620 ‐ INFORMATION TECHNOLOGY FUND 934.77  760 ‐ POLICE PENSION FUND 60.00   Grand Total:   161,969.64   202 Expense Approval Register  McHenry, IL #2 List of Bills Council Meeting 5‐1‐23 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ADAMS STEEL SERVICE & SUPPLY, INC  ADAMS STEEL SERVICE & 382398 04/30/2023 Nitrogen Refill # 382398 510‐32‐6110 52.75 ADAMS STEEL SERVICE & 382436 04/30/2023 Contractual: welding 100‐45‐5110 978.00 Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total:   1,030.75 Vendor: AMAZON CAPITAL SERVICES  AMAZON CAPITAL SERVICES #1PQ4‐QFT4‐CNXD 04/30/2023 Recreation Center repairs 400‐00‐6110 39.11 AMAZON CAPITAL SERVICES #1PQ4‐QFT4‐CNXD 04/30/2023 Recreation Center repairs 400‐00‐6110 20.50 AMAZON CAPITAL SERVICES 14ND‐QTPJ‐D7JM 04/30/2023 Dance ‐ Costume 100‐46‐6110 21.98 AMAZON CAPITAL SERVICES 1KRD‐FKRD‐6NHY/CR1LYD‐04/30/2023 Event ‐ Daddy Daughter 100‐46‐6920 55.53 AMAZON CAPITAL SERVICES 1KRD‐FKRD‐6NHY/CR1LYD‐04/30/2023 Rec Center Vacuum Parts 400‐00‐6110 3.97 AMAZON CAPITAL SERVICES 1PQ4‐QFT4‐CNXD 04/30/2023 Equipment supplies 100‐45‐5370 43.80 AMAZON CAPITAL SERVICES 1PQ4QFT4CNXD 04/30/2023 Shop supplies  100‐45‐6110 18.97 AMAZON CAPITAL SERVICES 1PQ4QFT4CNXD 04/30/2023 Shop supplies  100‐45‐6110 89.95 AMAZON CAPITAL SERVICES 1PQ4QFT4CNXD 04/30/2023 Shop supplies  100‐45‐6110 23.95 AMAZON CAPITAL SERVICES 1PQ4‐QFT4‐CNXD 04/30/2023 Equipment supplies 100‐45‐6110 17.97 AMAZON CAPITAL SERVICES 1TQ1‐C1LT‐6WFL 04/30/2023 Rec Center ‐ Vac supplies 400‐00‐6110 78.49 AMAZON CAPITAL SERVICES 1XNR‐P7NC‐DGJ4 04/30/2023 Office Supplies 100‐41‐6210 33.21 AMAZON CAPITAL SERVICES 1XNR‐P7NC‐DGJ4 04/30/2023 Event ‐ Table Cloths 100‐46‐6920 39.94 AMAZON CAPITAL SERVICES 1XNR‐P7NC‐DGJ4 04/30/2023 Event ‐ Bunny Breakfast 100‐46‐6920 52.30 AMAZON CAPITAL SERVICES 1XNRP7NCFHV7 04/30/2023 TIckets for Drinks ‐Shamrock 100‐41‐6920 35.00 AMAZON CAPITAL SERVICES 1XNR‐P7NC‐FHV7 04/30/2023 Drink Tickets for Shamrocks  100‐41‐6920 41.94 Vendor AMAZON CAPITAL SERVICES Total:   616.61 Vendor: AMERICAN LITHO  AMERICAN LITHO 259165‐01 04/30/2023 Brochure ‐ Summer Printing 100‐41‐5330 9,342.00 Vendor AMERICAN LITHO Total: 9,342.00 Vendor: ARAMARK  ARAMARK 25418743 04/30/2023 Clothing allowance: Chris V 100‐45‐4510 269.21 Vendor ARAMARK Total:   269.21 Vendor: CABAY & COMPANY INC  CABAY & COMPANY INC 67782 04/30/2023 custodial supplies 400‐00‐6111 137.49 CABAY & COMPANY INC 67782 04/30/2023 custodial supplies 400‐40‐6110 297.39 CABAY & COMPANY INC 67814 04/30/2023 custodial supplies 400‐00‐6111 131.02 Vendor CABAY & COMPANY INC Total:   565.90 Vendor: CERTIFIED LABORATORIES  CERTIFIED LABORATORIES 8194015 04/30/2023 shop     8194015 100‐33‐6250 522.82 Vendor CERTIFIED LABORATORIES Total:   522.82 Vendor: CHICAGO CHAIN & TRANSMISSION COMPANY  CHICAGO CHAIN & INV#7022005 04/30/2023 Off Gas Compressor  510‐32‐5375 238.74 Vendor CHICAGO CHAIN & TRANSMISSION COMPANY Total:   238.74 Vendor: CINTAS   CINTAS  5154894298 04/30/2023 First Aid kit 100‐45‐5110 39.25 Vendor CINTAS  Total:   39.25 Vendor: CONNOR CO  CONNOR CO SO10421455.001 04/30/2023 Bathroom Renovations: Fort 100‐45‐6110 2,478.70 Vendor CONNOR CO Total: 2,478.70 Vendor: CORE & MAIN  CORE & MAIN S575154 04/30/2023 Orleans St (Insurance) ‐ Hit 610‐00‐5980 411.00 Vendor CORE & MAIN Total:   411.00 Vendor: CUMMINS INC  CUMMINS INC INV#F2‐28348 04/30/2023 N.Riverside Generator  INV#F2‐   510‐32‐5380 34.92 CUMMINS INC INV#F2‐28619 04/30/2023 N.Riverside Generator  INV#F2‐ 510‐32‐5380 56.51 4/26/2023 3:06:16 PM 203 Expense Approval Register Packet: APPKT02677 ‐ 5‐‐1‐23 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   CUMMINS INC    INV#F2‐29632    04/30/2023    N.Riverside Generator  INV#F2‐   510‐32‐5380    116.41 Vendor CUMMINS INC Total:   207.84   Vendor: DAHM ENTERPRISES, INC  DAHM ENTERPRISES, INC    INV#1744    04/30/2023    March Disposal INV # 1744    510‐32‐5580    856.98 Vendor DAHM ENTERPRISES, INC Total:   856.98   Vendor: DELL MARKETING LP  DELL MARKETING LP  10662352687  04/30/2023  Dell Server   620‐00‐8300  5,866.21 Vendor DELL MARKETING LP Total:   5,866.21   Vendor: DREISILKER ELECTRIC MOTORS INC  DREISILKER ELECTRIC MOTORS  INV#I238816  04/30/2023  Cartwright Lift    INV#I238816  510‐32‐5380  140.00 DREISILKER ELECTRIC MOTORS  INV#I239349  04/30/2023  Dryer Drive Parts  INV#I239349  510‐32‐5375  69.96 Vendor DREISILKER ELECTRIC MOTORS INC Total:   209.96   Vendor: DURA WAX COMPANY INC, THE  DURA WAX COMPANY INC, THE    422810    04/30/2023    Bathroom Supplies    100‐45‐6110    208.12 Vendor DURA WAX COMPANY INC, THE Total:   208.12   Vendor: EDESIGN CHICAGO  EDESIGN CHICAGO    2017006    04/30/2023    Brochure ‐ Summer Design    100‐41‐5330    450.00 Vendor EDESIGN CHICAGO Total:   450.00   Vendor: EJ USA INC  EJ USA INC    110230022188    04/30/2023    Lugs & Bolts 803 Oakwood    610‐00‐5980    232.20 Vendor EJ USA INC Total: 232.20   Vendor: FIFTH THIRD BANK  FIFTH THIRD BANK  22‐23158  04/30/2023  Subpoena ‐ Report 22‐23158  100‐22‐5110  39.60 Vendor FIFTH THIRD BANK Total:   39.60   Vendor: GALLS LLC  GALLS LLC    024077147    04/30/2023    Uniform Order ‐ Zujewski    100‐23‐4510    60.22 GALLS LLC  024100055  04/30/2023  Uniform Order ‐ O'Herron  100‐22‐4510  47.50 GALLS LLC    024102241    04/30/2023    Scanner    100‐22‐6270    454.90 GALLS LLC    024103594    04/30/2023    Uniform Order ‐ Roske    100‐22‐4510    8.40 GALLS LLC    024116994    04/30/2023    Uniform Order ‐ K. Schmitt    100‐23‐4510    131.38 GALLS LLC  024117101  04/30/2023  Uniform Order ‐ Funk  100‐22‐4510  230.91 GALLS LLC  024117105  04/30/2023  Uniform Order ‐ Durband  100‐23‐4510  274.67 GALLS LLC    024144110    04/30/2023    Uniform Order ‐ Hernandez    100‐22‐4510    98.80 GALLS LLC    024144151    04/30/2023    Uniform Order ‐ K.Ducak    100‐22‐4510    131.63 GALLS LLC    024144158    04/30/2023    Uniform Order ‐ Adams    100‐22‐4510    16.95 GALLS LLC    024144269    04/30/2023    Uniform Order ‐ McKeen    100‐22‐4510    75.94 GALLS LLC    024144276    04/30/2023    Uniform Order ‐ Lorenz    100‐22‐4510    191.47 GALLS LLC    024145711    04/30/2023    Uniform Order ‐ Durband    100‐23‐4510    96.32 GALLS LLC    024158833    04/30/2023    Uniform Order ‐ Conway    100‐22‐4510    25.48 GALLS LLC    024160706    04/30/2023    Uniform Order ‐ Zujewski    100‐23‐4510    24.13 Vendor GALLS LLC Total:   1,868.70   Vendor: HAWKINS INC  HAWKINS INC    6439629    04/30/2023    Chemical Delivery 6439629    510‐32‐6110    7,811.10 Vendor HAWKINS INC Total:   7,811.10   Vendor: HOLCIM‐MAMR, INC  HOLCIM‐MAMR, INC    #717688050    04/30/2023    Sand, Virgin Grade 9 (Shop)    510‐31‐6110    350.47 HOLCIM‐MAMR, INC    717684717    04/30/2023    Sand 803 Oakwood    610‐00‐5980    97.05 HOLCIM‐MAMR, INC    717688050    04/30/2023    Virgin Grade 9 717688050    100‐33‐6110    456.76 HOLCIM‐MAMR, INC  717716499  04/30/2023  Stone, Grade9 (Crystal Lake Rd  510‐31‐6110  287.78 HOLCIM‐MAMR, INC    717725675    04/30/2023    FM‐2 Sand (Victor Drive)    510‐31‐6110    58.54 HOLCIM‐MAMR, INC    WSB 717671094    04/30/2023    FM‐2 Sand Chesterfield Dr WSB    510‐31‐6110    68.06 Vendor HOLCIM‐MAMR, INC Total:   1,318.66   Vendor: HRGREEN  HRGREEN    157229    04/30/2023    Bull Valley STP Bridge App    100‐33‐5110    1,000.00 Vendor HRGREEN Total: 1,000.00       4/26/2023 3:06:16 PM   204 Expense Approval Register Packet: APPKT02677 ‐ 5‐‐1‐23 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: IMPRESSIVE IMAGES  IMPRESSIVE IMAGES #7009 04/30/2023 Uniform ‐ Short Sleeve & 100‐33‐4510 761.11 IMPRESSIVE IMAGES #7009 04/30/2023 Uniform ‐ Short Sleeve & 100‐33‐6290 761.11 IMPRESSIVE IMAGES #7015 04/30/2023 Summer Intern Shirts UTY 510‐35‐4510 66.00 IMPRESSIVE IMAGES 2023 7015 04/30/2023 Summer Intern Shirts STS 100‐33‐4510 132.00 IMPRESSIVE IMAGES 7009 04/30/2023 Uniform ‐ Short Sleeve & 510‐35‐4510 761.11 IMPRESSIVE IMAGES 7014 04/30/2023 Emroidery ( Henry Lobermeier)    100‐33‐4510 36.00 IMPRESSIVE IMAGES 7015 04/30/2023 Summer Intern Shirts WW 510‐32‐4510 66.00 Vendor IMPRESSIVE IMAGES Total:   2,583.33 Vendor: IN‐PIPE TECHNOLOGY COMPANY INC  IN‐PIPE TECHNOLOGY 2304 04/30/2023 Monthly Invoice # 2304 510‐32‐5110 8,525.00 Vendor IN‐PIPE TECHNOLOGY COMPANY INC Total:   8,525.00 Vendor: INTERNATIONAL ACADEMICS OF EMERGENCY DISPATCH  INTERNATIONAL ACADEMICS 414758 04/30/2023 EMD Re‐certifications 100‐23‐5430 165.00 Vendor INTERNATIONAL ACADEMICS OF EMERGENCY DISPATCH Total:   165.00 Vendor: INTERSTATE BILLING SERVICE INC  INTERSTATE BILLING SERVICE 3032028512 04/30/2023 440 (3032028512) 100‐33‐5370 71.90 INTERSTATE BILLING SERVICE 3032037361 04/30/2023 440 (3032037361) 100‐33‐5370 97.90 INTERSTATE BILLING SERVICE 3032044134 04/30/2023 412 (3032044134) 100‐33‐5370 870.00 INTERSTATE BILLING SERVICE 3032097343 04/30/2023 440 (3032097343) 100‐33‐5370 1,885.69 Vendor INTERSTATE BILLING SERVICE INC Total: 2,925.49 Vendor: INTOXIMETERS  INTOXIMETERS 730867 04/30/2023 PBT's 100‐22‐6210 3,053.00 Vendor INTOXIMETERS Total:   3,053.00 Vendor: JG UNIFORMS INC  JG UNIFORMS INC 113402 04/30/2023 Uniform Order ‐ Cole Templin 100‐22‐4510 75.48 Vendor JG UNIFORMS INC Total:   75.48 Vendor: JONES TRAVEL & TOUR  JONES TRAVEL & TOUR 114824 04/30/2023 Shamrocks Trolleys 200‐00‐5110 1,950.00 Vendor JONES TRAVEL & TOUR Total: 1,950.00 Vendor: JULIE INC  JULIE INC #1109 04/30/2023 JULIE STS 2023 Assessment 100‐33‐5110 2,114.97 JULIE INC #2023‐1109 04/30/2023 JULIE WTR 2023 Assessment 510‐31‐5110 2,114.97 JULIE INC 1109 04/30/2023 JULIE WW 2023 Assessment 510‐32‐5110 2,114.98 Vendor JULIE INC Total:   6,344.92 Vendor: KIMBALL MIDWEST  KIMBALL MIDWEST 100918978 04/30/2023 kimball stock (100918978) 100‐33‐5370 376.50 KIMBALL MIDWEST 100939443 04/30/2023 kimball stock (100939443) 100‐33‐5370 335.78 Vendor KIMBALL MIDWEST Total:   712.28 Vendor: KIRCHNER, INC  KIRCHNER, INC #62682 04/30/2023 Fire Extinguisher Insp. ‐ WW ‐ 510‐32‐5110 435.00 KIRCHNER, INC 62685 04/30/2023 Fire Extinguisher Service 100‐45‐5110 509.50 Vendor KIRCHNER, INC Total: 944.50 Vendor: KZ GLASS SERVICES, INC  KZ GLASS SERVICES, INC 1666 04/30/2023 1666 100‐03‐5120 2,715.66 Vendor KZ GLASS SERVICES, INC Total: 2,715.66 Vendor: MAPLE CONSTRUCTION INC  MAPLE CONSTRUCTION INC 7768 04/30/2023 Boring 3in sanitary for Slash 510‐32‐5110 4,500.00 Vendor MAPLE CONSTRUCTION INC Total:   4,500.00 Vendor: MCCANN INDUSTRIES INC  MCCANN INDUSTRIES INC P39560 04/30/2023 447 (p39560) 100‐33‐5370 105.00 Vendor MCCANN INDUSTRIES INC Total:   105.00 Vendor: MCHENRY HIGH SCHOOL DISTRICT 156  MCHENRY HIGH SCHOOL 1223‐151 04/30/2023 Dance ‐ School Rental/AV 100‐46‐5110 484.50 Vendor MCHENRY HIGH SCHOOL DISTRICT 156 Total:   484.50 4/26/2023 3:06:16 PM 205 Expense Approval Register Packet: APPKT02677 ‐ 5‐‐1‐23 RECT INV   Vendor Name    Payable Number    Post Date    Description (Item)    Account Number    Amount   Vendor: MCMASTER‐CARR SUPPLY CO  MCMASTER‐CARR SUPPLY CO    INV#96288756    04/30/2023    Pressure Gauges    510‐32‐5375    99.72 Vendor MCMASTER‐CARR SUPPLY CO Total:   99.72   Vendor: MEADE INC  MEADE INC    704344    04/30/2023    Traffic Light Green Out    100‐33‐5110    381.26 MEADE INC    704450    04/30/2023    Traffic Signal Locate    100‐33‐5110    171.55 Vendor MEADE INC Total:   552.81   Vendor: MID AMERICAN WATER OF WAUCONDA INC  MID AMERICAN WATER OF    257209W    04/30/2023    repair clamps #257209W    510‐31‐6110    524.60 MID AMERICAN WATER OF    258105W    04/30/2023    Hymax couplings #258105W    510‐31‐6110    558.66 MID AMERICAN WATER OF  258172W  04/30/2023  8X30 Repair clamp #258172W  510‐31‐6110  1,016.06 Vendor MID AMERICAN WATER OF WAUCONDA INC Total:   2,099.32   Vendor: MINUTEMAN PRESS OF MCH  MINUTEMAN PRESS OF MCH    98269    04/30/2023    Stamp    100‐22‐6210    40.68 MINUTEMAN PRESS OF MCH  98291  04/30/2023  General checks  100‐04‐6210  639.40 MINUTEMAN PRESS OF MCH    98309    04/30/2023    Business Cards ‐ Hobson    100‐41‐6210    54.50 Vendor MINUTEMAN PRESS OF MCH Total:   734.58   Vendor: NATIONAL RECREATION AND PARK ASSN  NATIONAL RECREATION AND  29548 2023  04/30/2023  Annual Membership  100‐41‐5410  700.00 Vendor NATIONAL RECREATION AND PARK ASSN Total:   700.00   Vendor: NORTHWESTERN MEDICINE OCC HEALTH  NORTHWESTERN MEDICINE    537825    04/30/2023    New Hires #537825    100‐05‐5110    126.00 NORTHWESTERN MEDICINE    538028    04/30/2023    New Hires #538028    100‐05‐5110    252.00 NORTHWESTERN MEDICINE    538136    04/30/2023    New Hires, Randoms #538136    100‐05‐5110    1,796.00 Vendor NORTHWESTERN MEDICINE OCC HEALTH Total: 2,174.00   Vendor: NUTOYS LEISURE PRODUCTS  NUTOYS LEISURE PRODUCTS    54046    04/30/2023    Playground repairs    100‐45‐6110    75.24 Vendor NUTOYS LEISURE PRODUCTS Total:   75.24   Vendor: OFFICIAL FINDERS LLC  OFFICIAL FINDERS LLC    14682    04/30/2023    Invoice 14682    100‐47‐5110    240.00 OFFICIAL FINDERS LLC  14855  04/30/2023  INvoice 14855  100‐47‐5110  40.00 Vendor OFFICIAL FINDERS LLC Total:   280.00   Vendor: PETROCHOICE LLC  PETROCHOICE LLC    51180607    04/30/2023    Fuel ‐ UTY ‐ 51180607    510‐35‐6250    62.25 PETROCHOICE LLC    51180616    04/30/2023    Fuel ‐ WTR ‐ 51180616    510‐31‐6250    107.62 PETROCHOICE LLC    51180617    04/30/2023    Fuel ‐ STS ‐ 51180617    100‐33‐6250    403.20 PETROCHOICE LLC    51180618    04/30/2023    Fuel ‐ 51180618    100‐22‐6250    1,025.43 PETROCHOICE LLC    51182096    04/30/2023    Fuel ‐ UTY ‐ 51182096    510‐35‐6250    323.75 PETROCHOICE LLC    51182109    04/30/2023    Fuel ‐ WTR ‐ 51182109    510‐31‐6250    62.76 PETROCHOICE LLC    51182111    04/30/2023    Fuel ‐ STS ‐ 51182111    100‐33‐6250    419.36 PETROCHOICE LLC    51182112    04/30/2023    Fuel ‐ 51182112    100‐22‐6250    1,457.62 PETROCHOICE LLC    51188877    04/30/2023    Fuel ‐ UTY ‐ 51188877    510‐35‐6250    564.53 PETROCHOICE LLC    51188887    04/30/2023    Fuel ‐ WW ‐ 51188887    510‐32‐6250    378.58 PETROCHOICE LLC    51188888    04/30/2023    Fuel ‐ WTR ‐ 51188888    510‐31‐6250    58.06 PETROCHOICE LLC  51188889  04/30/2023  Fuel  100‐45‐6250  575.75 PETROCHOICE LLC    51188890    04/30/2023    Fuel ‐ STS ‐ 51188890    100‐33‐6250    737.78 PETROCHOICE LLC    51188891    04/30/2023    Fuel ‐ 51188891    100‐22‐6250    2,669.88 PETROCHOICE LLC    51194613    04/30/2023    Fuel ‐ UTY ‐ 51194613    510‐35‐6250    709.43 PETROCHOICE LLC  511946223  04/30/2023  51194623  100‐03‐6250  207.41 PETROCHOICE LLC    51194624    04/30/2023    Fuel ‐ WW ‐ 51194624    510‐32‐6250    426.37 PETROCHOICE LLC    51194625    04/30/2023    Fuel ‐ WTR ‐ 51194625    510‐31‐6250    154.54 PETROCHOICE LLC    51194626    04/30/2023    Fuel: 51194626    100‐45‐6250    639.13 PETROCHOICE LLC    51194627    04/30/2023    Fuel ‐ STS ‐ 51194627    100‐33‐6250    565.02 Vendor PETROCHOICE LLC Total:   11,548.47   Vendor: PITEL SEPTIC INC  PITEL SEPTIC INC    23505    04/30/2023    Shamrocks the Fox toilet    200‐00‐5110    4,260.00     4/26/2023 3:06:16 PM   206 Expense Approval Register Packet: APPKT02677 ‐ 5‐‐1‐23 RECT INV Vendor Name Payable Number Post Date Description (Item) Account Number Amount PITEL SEPTIC INC 23648 04/30/2023 Monthly toilet rentals 100‐45‐5110 640.00 Vendor PITEL SEPTIC INC Total:   4,900.00 Vendor: PROSHRED SECURITY  PROSHRED SECURITY 1148231 04/30/2023 Monthly Shred 100‐22‐5110 77.05 Vendor PROSHRED SECURITY Total:   77.05 Vendor: RADAR MAN INC  RADAR MAN INC 5774 04/30/2023 Repair Radars 100‐22‐5370 920.00 RADAR MAN INC 5798 04/30/2023 Radar Repair 100‐22‐5370 425.00 Vendor RADAR MAN INC Total: 1,345.00 Vendor: RANDY MEANS & ASSOCIATES  RANDY MEANS & ASSOCIATES  1354 04/30/2023 Webinar ‐ K. 100‐22‐5430 1,110.00 Vendor RANDY MEANS & ASSOCIATES Total:   1,110.00 Vendor: SHERWIN‐WILLIAMS CO, THE  SHERWIN‐WILLIAMS CO, THE 0407‐3 04/30/2023 Bathroom repairs 100‐45‐6110 205.53 SHERWIN‐WILLIAMS CO, THE 8355‐2 04/30/2023 Paint 100‐03‐6110 416.64 Vendor SHERWIN‐WILLIAMS CO, THE Total:   622.17 Vendor: SNAPOLOGY OF MCHENRY  SNAPOLOGY OF MCHENRY 1213 04/30/2023 Snapology ‐ Birthday Party 400‐00‐5225 150.00 SNAPOLOGY OF MCHENRY 1215 04/30/2023 Snapology Girl Scouts 400‐00‐3642 120.75 Vendor SNAPOLOGY OF MCHENRY Total:   270.75 Vendor: STREAMING IT PRODUCTIONS  STREAMING IT PRODUCTIONS    1223‐143 04/30/2023 Dance ‐ Videos Final Payment 100‐46‐6110 1,470.00 Vendor STREAMING IT PRODUCTIONS Total:   1,470.00 Vendor: STUCKEY CONSTRUCTION  STUCKEY CONSTRUCTION #2 04/30/2023 Miller Point Pay Application #2    290‐00‐8900 339,417.00 Vendor STUCKEY CONSTRUCTION Total:   339,417.00 Vendor: TOPS IN DOG TRAINING CORP  TOPS IN DOG TRAINING CORP    25912 04/30/2023 K9 Training/food 100‐22‐6310 414.20 Vendor TOPS IN DOG TRAINING CORP Total: 414.20 Vendor: TRAFFIC CONTROL & PROTECTION INC  TRAFFIC CONTROL & 114492 04/30/2023 3710 Maple ‐ Hit Signs ‐ No 100‐33‐6110 437.35 Vendor TRAFFIC CONTROL & PROTECTION INC Total:   437.35 Vendor: ULTRA STROBE COMMUNICATIONS INC  ULTRA STROBE 083063 04/30/2023 Remove Equipment ‐ Fusion 100‐22‐5370 325.00 ULTRA STROBE 083070 04/30/2023 Removal Equipment ‐ Taurus 100‐22‐5370 325.00 Vendor ULTRA STROBE COMMUNICATIONS INC Total:   650.00 Vendor: UPLAND CONSTRUCTION & MAINTENANCE LLC  UPLAND CONSTRUCTION & 1267 04/30/2023 Splash Pad Concrete 280‐41‐8800 26,012.00 Vendor UPLAND CONSTRUCTION & MAINTENANCE LLC Total:   26,012.00 Vendor: VICTOR FORD, INC  VICTOR FORD, INC 170213 04/30/2023 316   170213 100‐22‐5370 114.48 VICTOR FORD, INC 170305 04/30/2023 314 (170305) 100‐22‐5370 283.76 Vendor VICTOR FORD, INC Total:   398.24 Vendor: XYLEM WATER SOLUTIONS USA INC  XYLEM WATER SOLUTIONS USA    3556C67373 04/30/2023 Anne St. Pump Impellers 510‐32‐5380 3,880.00 Vendor XYLEM WATER SOLUTIONS USA INC Total:   3,880.00 Grand Total:   469,936.41 4/26/2023 3:06:16 PM 207 Expense Approval Register Packet: APPKT02677 ‐ 5‐‐1‐23 RECT INV Fund Summary  Fund Expense Amount   100 ‐ GENERAL FUND 53,060.02   200 ‐ TOURISM FUND 6,210.00  280 ‐ DEVELOPER DONATION FUND 26,012.00   290 ‐ TIF FUND 339,417.00   400 ‐ RECREATION CENTER FUND 978.72   510 ‐ WATER/SEWER FUND 37,652.21   610 ‐ RISK MANAGEMENT FUND 740.25  620 ‐ INFORMATION TECHNOLOGY FUND 5,866.21   Grand Total:   469,936.41   4/26/2023 3:06:16 PM 208 CONSENT AGENDA SUPPLEMENT DATE: May 1, 2023 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Real Estate Purchase 3931 Main Street ATT: Vacant Land Sales Contract Ordinance Authorizing Purchase of and Accepting a Vacant Land Sales Contract AGENDA ITEM SUMMARY: Staff requests that the City Council consider approval of an Ordinance Authorizing the Purchase of and Accepting the Real Estate Contract for 3931 Main Street, McHenry, Illinoi s, Between Michael and Diane Oliver and the City of McHenry. BACKGROUND: In Fall of 2021 the City Council awarded an engineering design contract for the reconstruction of the South Main Street Lot. Included in the scope of services was assistance with pr operty acquisition and preparation of easement drawings for easements to be acquired on two parcels needed to give the City rights to alley egress between the existing lot and John Street. This alley currently is utilized in this fashion with no easements or agreements in place. Because the scope of proposed improvements includes both the reconstruction of the lot and alley as well as the installation of storm sewer to drain the parking lot, permanent easements were being pursued by staff for the purposes of these improvements. In April of this year the City Council approved an easement agreement for the property located at 3910 John Street which was the first of two easements needed. Staff have been working with the property owners of 3931 Main Street t o secure a similar easement. However, because the owners have no use for the property and have accrued costs throughout the course of their ownership of the property a sale price of $40,000 was negotiated for the purchase of the property. This price was negotiated in Spring of this year and was incorporated into the Fiscal Year 2023/2024 Budget as a capital expenditure. 209 ANALYSIS: Acquisition of this property will allow for the completion of design services for the lot and will permanently secure the City’s rights to maintain and operate City infrastructure to support parking facilities on Main Street. The pricing of $40,000 amounts to roughly $10/sf which is similar to other unit costs of recent City real estate purchases. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to pass an Ordinance Authorizing the Purchase of and Accepting the Real Estate Contract for 3931 Main Street 210 1.THE PARTIES: Buyer and Seller are hereinafter referred to as the “Parties”.12 Buyer(s) [Please Print]__________________________________________________________________________________34 Seller(s) [Please Print]__________________________________________________________________________________5 If Dual Agency applies, complete Optional Paragraph 27.67 2.THE REAL ESTATE: Real Estate shall be defined to include the Real Estate and all improvements thereon. Seller agrees to 8 convey to Buyer or to Buyer’s designated grantee, the Real Estate with the approximate lot size or acreage of910 _____________________ commonly known as: ______________________________________________________________11 Address or Legal Description12 ____________________________________________________________________________________________________1314 ____________________________________________________________________________________________________15 City County State Zip Permanent Index Number(s) of Real Estate1617 3.PURCHASE PRICE: Purchase Price of $________________________ shall be. After the payment of Earnest Money as provided 18 below, the balance of the Purchase Price, as adjusted by proration’s, shall be paid at Closing in “Good Funds” as defined by law.1920 4.EARNEST MONEY:Earnest Money shall be held in trust for the mutual benefit of the Parties by [check one]21 ____Seller’s Broker; ____Buyer’s Broker; ____ As otherwise agreed by the Parties as “Escrowee”. Initial Earnest Money of 22 $____________________ shall be tendered to Escrowee on or before ____day(s) after Date of Acceptance. Additional Earnest 23 Money of $_______________ shall be tendered by ____________________, 20____.2425 5.DIRECTION TO ESCROWEE:In every instance where this Contract shall be deemed null and void or if this Contract may be 26 terminated by either Party, the following shall be deemed incorporated: “and Earnest Money refunded upon the joint written27 direction by the Parties to Escrowee or upon an entry of an order by a court of competent jurisdiction.”2829 In the event either Party has declared the Contract null and void or the transaction has failed to close as provided for in this 30 Contract and if Escrowee has not received joint written direction by the Parties or such court order, the Escrowee may elect to 31 proceed as follows:32 a) Escrowee shall give written Notice to the Parties as provided for in this Contract at least fourteen (14) days prior to the date33 of intended disbursement of Earnest Money indicating the manner in which Escrowee intends to disburse in the absence of 34 any written objection. If no written objection is received by 6the date indicated in the Notice then Escrowee shall distribute35 the Earnest Money as indicated in the written Notice to the Parties. If Party objects in writing to the intended disbursement 36 of Earnest Money then Earnest Money shall be held until receipt of joint written direction for all Parties or until receipt of an 37 order of a court of competent jurisdiction.38 b) Escrowee may file Suit for Interpleader and deposit any funds held into the Court of distribution after resolution of dispute39 between Seller and Buyer by the Court. Escrowee may retain from the funds deposited with Court other amount necessary 40 to reimburse Escrowee for court costs and reasonable attorney’s fees incurred due to the filing of the Interpleader. If the 41 amount held in escrow is inadequate to reimburse Escrowee for the costs and attorney’s fees, Buyer and Seller shall jointly 42 and severally indemnify Escrowee for additional costs and fees incurred in filing the Interpleader action. 4344 6.CLOSING AND POSSESSION:Closing or escrow pay shall be on _______________________, 20___, or at such time as 45 mutually agreed upon by the Parties in writing. Closing shall take place at the title company escrow office situated geographically 46 nearest the Real Estate or as shall be agreed mutually by the Parties. Possession shall be granted to Buyer(s) at the completion 47 of closing unless otherwise agreed in writing by the Parties. 4849 7.MORTGAGE CONTINGENCY: IF THIS TRANSACTION IS NOT CONTINGENT ON FINANCING, OPTIONAL PARAGRAPH 50 34 [EITHER a) OR b)] MUST BE USED AND PROVISIONS OF THIS PARAGRAPH 7 ARE NOT APPLICABLE.51 This Contract is contingent upon Buyer obtaining a [check one]____fixed ____adjustable; [check one]____conventional 52 ____other _______________________ loan for ____% of the Purchase Price, plus private mortgage insurance (PMI), if 53 required, with an interest rate (initial rate if an adjustable rate mortgage used) not to exceed _______% per annum, amortized 54 over not less than _____ years. Buyer shall pay loan origination fee and/or discount points not to exceed ______% of the loan55 amount. Buyer shall pay the cost of application, usual and customary processing fees and closing costs charged by lender. 56 (Complete Paragraph 34 if closing cost credits apply). Buyer shall make written loan application within five (5) Business Days 57 after the Date of Acceptance and shall cause an appraisal of Real Estate to be ordered by the lender no later than ten (10) 58 Business Days after the Date of Acceptance; failure to do either shall constitute an act of Default under this Contract.59 If Buyer, having applied for the loan specified above [complete both a) and b)]:60 CONTRACT FOR THE SALE OF VACANT LAND Buyer Initial_________ Buyer Initial_________ Seller Initial_________ Seller Initial_________ Address:____________________________________________________________________________________________ Contract for the Sale of Vacant Land-REALTOR® Association of the Fox Valley, Inc. Page 1 of 7 City of McHenry Michael Oliver & Diane Oliver 3931 W. Main Street, McHenry, IL. 60050 (Rear Lot) McHenry McHenry Illinois 60050 09-26-355-012 40,000 ✔ 1,000 5 0.00 May 12 23 3931 W. Main Street, McHenry, IL. 60050 (Rear Lot) 211 a) is unable to provide written evidence that the loan application has been submitted for underwriting approval by Buyer’s61 lender on or before _________________, 20____, (if not date is inserted, the date shall be thirty (30) days after the Date62 of Acceptance) either Buyer or Seller shall have the option of declaring this Contract terminated by giving Notice to the63 other Party not later than two (2) Business Days after the date specified herein or any extension date agreed to by the64 Parties in writing.65 b) is unable to obtain a written “Clear to Close” from Buyer’s lender on or before ___________________, 20____, (if not date66 is inserted, the date shall be forty-five (45) days after the Date of Acceptance) either Buyer or Seller shall have the option 67 of declaring this Contract terminated by giving Notice to the other Party not later than two (2) Business Days after the date68 specified herein or any extension date agreed to by the Parties in writing. 69 A Party causing delay in the loan approval process shall not have the right to terminate under either of the 70 preceding paragraphs. In the event neither Party elects to declare this Contract null and void as of the latter of the 71 dates specified above (as may be amended from time to time), then this Contract shall continue in full force and 72 effect without any loan contingencies. 73 Unless otherwise provided in Paragraph 28, this Contract shall not be contingent upon the sale and/or closing of 74 Buyer’s existing real estate. Buyer shall be deemed to have satisfied the financing conditions of this paragraph if Buyer 75 obtains a loan commitment in accordance with the terms of this paragraph even though the loan is conditioned on the sale 76 and/or closing of Buyer’s existing real estate. 7778 8.PRORATIONS:Proratable items shall include, without limitation, rents and deposits (if any) from tenants, water and sewer.79 Seller agrees to pay prior to or at Closing any special assessments (governmental or association) confirmed prior to Date of 80 Acceptance. The general Real Estate taxes shall be prorated as of the date of Closing based on ______% of the most recent 81 ascertainable full year tax bill. All prorations shall be final as of Closing. 8283 9.BUYER’S RIGHT TO DETERMINE:Buyer shall have until ___________, 20___ to determine the suitability of the Real Estate84 for Buyer’s intended use as ____________________________________. Buyer shall have the right to inspect, examine, and/or 85 test all aspects of the Real Estate, including by way of example and not limitation, such matters pertaining to the Real Estate 86 as: (a) availability of utility services; (b) existing leases; if any (c) legal description; size and configuration; (d) access to public 87 rights of way; (e) soil boring and percolation tests; (f) flood plain or wetlands; (g) hazardous substances or other contamination; 88 (h) verification of, or the absence of, underground storage tanks; (i) zoning; (j) the availability of building permits; (k) whether89 Buyer will be required to make any public improvement or contributions of cash for schools, parks, or the like as a condition to 90 the improvement of the Real Estate; (l) current plat of survey; (m) easements, restrictions, and covenants of record; (n)91 homeowners associations by-laws; and (o) other matters relating to the Real Estate is suitable for construction of Buyer’s 92 intended improvements and a septic system thereon in accordance with the applicable governmental ordinances. Seller shall 93 allow Buyer and Buyer’s agents reasonable access to the Real estate during normal business hours upon reasonable advance 94 notice to Seller for the purpose of making or conducting such tests or other inspections of the Real Estate as the Buyer may 95 deem appropriate and Buyer shall immediately restore the acts or negligence of Buyer or any person performing any 96 inspection(s). In the event Buyer determines the Real Estate is not suitable for Buyer’s intended use and give written 97 notice thereof to Seller within the time specified, this Contract shall be null and void and earnest money refunded 98 to Buyer upon written direction of the Parties to Escrowee. If written Notice is not served within the time specified, 99 Buyer shall be deemed to have waived this contingency, and this Contract shall remain in full force and effect. If 100 the Buyer terminates this Contract pursuant to this provision Buyer shall provide Sellers with copies of all tests and inspections. 101102 10.ATTORNEY REVIEW:Within five (5) Business Days after Date of Acceptance, the attorneys for the respective Parties, by103 Notice, may: 104 a) Approve this Contract; or105 b) Disapprove this Contract, which disapproval shall not be based solely upon the Purchase Price; or106 c) Propose modifications except for the Purchase Price. If within ten (10) Business Days after the date of Acceptance107 written agreement is not reached by the Parties with respect to resolution of the proposed modifications, then either108 Party may terminate this Contract by serving Notice, whereupon this Contract shall be null and void; or109 d) Propose suggested changes to this Contract. If such suggestions are not agreed upon, neither Party may declare this110 Contract null and void and this Contract shall remain in full force and effect.111112 Unless otherwise specified, all Notices shall be deemed made pursuant to Paragraph 10 c. If Notice is not served 113 within the time specified herein, the provisions of this paragraph shall be deemed waived by the Parties and this 114 Contract shall remain in full force and effect. 115116 11.PLAT OF SURVEY:Not less than five (5) business days prior to the expiration of Buyer’s Right to Determine, Seller shall at117 Seller’s expense, furnish to Buyer or Buyer’s attorney a Plat of Survey that conforms to the current Minimum Standard of Practice 118 for boundary surveys, is dated not more than six (6) months prior to the date of Closing, and is prepared by a professional land 119 surveyor licensed to practice land surveying under the laws of the State of Illinois. The Plat of Survey shall show visible evidence 120 of improvements, right of way, easements, use and measurements of all parcel lines. The land surveyor shall set monuments 121 or witness corners at all accessible corners of the land. All such corners shall also be visibly staked or flagged. The Plat of Survey 122 shall include the following statement placed near the professional land surveyor’s seal and signature: “This professional service 123 conforms to the current Illinois Minimum Standards for boundary survey.” A Mortgage Inspection, as defined, is not a boundary 124 survey and is not acceptable.125126 Buyer Initial_________ Buyer Initial_________ Seller Initial_________ Seller Initial_________ Address:____________________________________________________________________________________________ Contract for the Sale of Vacant Land-REALTOR® Association of the Fox Valley, Inc. Page 2 of 7 N/A 3931 W. Main Street, McHenry, IL. 60050 (Rear Lot) 212 12.THE DEED:Seller shall convey or cause to be conveyed to Buyer, or Buyer’s designated grantee good and merchantable title 127 to the Real Estate by recordable general Warranty Deed, (or the appropriate deed if title is in trust or in an estate), and with 128 real estate transfer stamps to be paid by Sellers (unless otherwise designated by local ordinance). Title when conveyed will be 129 good and merchantable, subject only to: general real estate taxes not due and payable at the time of closing, covenants, 130 conditions, and restrictions of record, building lines and easements, if any, so long as they do not interfere with the current use, 131 the proposed use and enjoyment of the Real Estate. 132133 13.DAMAGE TO REAL ESTATE OR CONDEMNATION PRIOR TO CLOSING: If prior to delivery of the deed the Real Estate shall134 be destroyed or materially damaged by fire or other casualty, or the Real Estate is taken by condemnation, then Buyer shall 135 have the option of either terminating this Contract (and receiving a refund of earnest money) or accepting the Real Estate as 136 damaged or destroyed, together with the proceeds of the condemnation award or any insurance payable as a result of the 137 destruction or damage, which gross proceeds Seller agrees to assign to Buyer and deliver to Buyer at Closing. Seller shall not 138 be obligated to repair or replace damaged improvements. The provisions of Uniform Vendor and Purchaser Risk Act of the State 139 of Illinois shall be applicable to this Contract, except as modified by this paragraph.140141 14.CONDITION OF REAL ESTATE AND INSPECTION:All refuse and personal property that is not to be conveyed to Buyer shall142 be removed from the Real Estate at Seller’s expense prior to delivery of Possession. Buyer shall have the right to inspect the143 Real Estate, prior to Possession to verify that the Real Estate is in substantially the same condition as of the Date of Acceptance, 144 normal wear and tear excepted. 145146 15.NOTICE:Except as provided in Paragraph 28 c) 2) regarding the manner of service for “kick-out” Notices, all Notices shall be147 in writing and shall be served by one Party or attorney to the other Party or attorney. Notice to any one of a multiple person 148 Party shall be sufficient notice to all. Notice shall be given in the following manner:149 a) By personal delivery; or150 b) By mailing to the addresses recited herein by regular mail and by certified mail, return receipt requested. Except151 as otherwise provided herein, Notice served by certified mail, shall be effective on the date of mailing; or152 c) By sending facsimile transmission. Notice shall be effective as of date and time of the transmission, provided153 that the Notice transmitted shall be sent on Business Days during Business Hours. In the event the Notice is154 transmitted during non-business hours, the effective date and time of Notice is the first hour of the first Business 155 Day after transmission; or156 d) By e-mail transmission if e-mail has been furnished by the recipient Party or the recipient Party’s attorney to157 the sending Party or is shown in this Contract. Notice shall be effective as of date and time of e-mail transmission, 158 provided that, in the event e-mail Notice is transmitted during non-business ours, the effective date and time of 159 Notice is the first hour of the next Business Day after transmission. An attorney or Party may opt out of future 160 e-mail Notice by any form of Notice provided by this Contract; or161 e) By commercial overnight delivery (e.g., FedEx). Such Notice shall be effective on the next Business Day following162 deposit with the overnight delivery company.163164 16.TITLE:At Seller’s expense, Seller will deliver or cause to be delivered to Buyer or Buyer’s attorney within customary time165 limitations and sufficiently in advance of Closing, as evidence of title in Seller or Grantor, a title commitment for an ATLA title 166 insurance policy in the amount of the Purchase Price with extended coverage by a title company licensed to operate in the State 167 of Illinois, issue on or subsequent to the Date of Acceptance, subject only to items listed in Paragraph 12. The requirement to 168 provide extended coverage shall not apply if the Real Estate is vacant land. The commitment for title insurance furnished by 169 Seller will be presumptive evidence of good and merchantable title as therein shown, subject only to the exceptions therein 170 stated. If the title commitment discloses any unpermitted exceptions or if the Plat of Survey shows any171 encroachments or other survey matters that are not acceptable to Buyer, then Seller shall have said exceptions, 172 survey matters or encroachments removed, or have the title insurer commit to either insure against loss or damage 173 that may result from such exceptions or survey matters or insure against any court-ordered removal of the 174 encroachments. If Seller fails to have such exceptions waived or insured over prior to Closing, Buyer may elect to take title 175 as it then is with the right to deduct from the Purchase Price prior encumbrances of a definite or ascertainable amount. Seller 176 shall furnish Buyer at Closing an Affidavit of Title covering the date of Closing, and shall sign any other customary forms required 177 for issuance of an ALTA Insurance Policy. 178179 17.PERFORMANCE: Time is of the essence of this Contract. In the event of default by Seller or Buyer, the Parties are free to180 pursue any legal remedies at law or in equity. The prevailing Party in litigation shall be entitled to collect reasonable attorney 181 fees and costs from the losing Party as ordered by court of competent jurisdiction. There shall be no disbursement of earnest 182 money unless Escrowee has been provided written agreement from Seller and Buyer. Absent an agreement relative to the 183 disbursement of earnest money within a reasonable period of time, Escrowee may deposit funds with the Clerk of the Circuit 184 Court by the filing of an action in the nature of interpleader. Escrowee shall be reimbursed from the earnest money for all costs, 185 including reasonable attorney’s fees, related to the filing of the interpleader action. Seller and Buyer shall indemnify and hold 186 Escrowee harmless from any and all conflicting claims and demands arising under this paragraph. 187188 18.SELLER’S REPRESENTATIONS: Seller represents that to the best of Seller’s knowledge, the Real Estate and its existing uses189 comply with, and Seller is not now in violation of any of the following: the Resource Conservation and Recovery Act of 1976 190 (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), the Toxic 191 Substances Control Act, the Illinois Environmental Protection Act and any of these statutes or any regulations promulgated 192 Buyer Initial_________ Buyer Initial_________ Seller Initial_________ Seller Initial_________ Address:____________________________________________________________________________________________ Contract for the Sale of Vacant Land-REALTOR® Association of the Fox Valley, Inc. Page 3 of 7 3931 W. Main Street, McHenry, IL. 60050 (Rear Lot) 213 pursuant to the statutes. Seller represents that he has not received written notice from any Governmental body or Homeowner’s 193 Association of (a) zoning, building, fire or health code violations that have not been corrected; (b) any pending rezoning; or (c) 194 a proposed or confirmed special assessments and/or special service area affecting the Real Estate. Seller further represents that 195 Seller has no knowledge of boundary line disputes or easements or claims of easement not shown by the public record or of any196 hazardous waste on the Real Estate or any improvements for which the required permits were not obtained. 197198 19.CONDITION OF REAL ESTATE AND INSPECTION: Seller agrees to leave the Real Estate in broom clean condition. All refuse199 and personal property that is not to be conveyed to the Buyer shall be removed from the Real Estate at the Seller’s expense 200 before possession. Buyer shall have the right to inspect the Real Estate prior to closing to verify that the Real Estate is in 201 substantially the same condition as the Date of Acceptance of this Contract, normal wear and tear excepted. 202203 20.GOVERNMENTAL COMPLIANCE/1031 EXCHANGE: Parties agree to comply with the reporting requirements of the applicable204 sections of the Internal Revenue Code, Illinois Income Tax Act and the Real Estate Settlement Procedures Act of 1974, as 205 amended. If Buyer or Seller hereunder desires to exchange other property of the like kind and qualifying use within the meaning 206 of Section 1031 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder, the parties 207 shall cooperate in effectuating such a transaction provided, however, that said transactions not subject the non-exchanging 208 party to additional cost or legal liability and does not extend any time periods set forth herein. 209210 21.ESCROW CLOSING:At the election of either Party, not less than five (5) business days prior to the closing, this sale shall be211 closed through an escrow with the lending institution or the title company in accordance with the provisions of the usual from 212 of Deed and Money Escrow Agreement as agreed upon between the Parties, with provisions inserted in the Escrow Agreement 213 as may be required to conform with this Contract. The cost of the escrow shall be paid by the Party requesting the escrow.214215 22.FLOOD INSURANCE: Buyer shall obtain flood insurance if required by Buyer’s lender.216217 23.FACSIMILE OR DIGITAL SIGNATURES: Facsimile or digital signatures shall be sufficient for purposes of executing,218 negotiating, and finalizing this Contract, and delivery thereof by one of the following methods shall be deemed delivery of this 219 Contract containing his or her original signature. An acceptable facsimile signature may be produced by scanning an original, 220 hand-signed document and transmitting same by facsimile. An acceptable digital signature may be produced by use of a 221 qualified, established electronic security procedure mutually agreed upon by the Parties. Transmissions of digitally signed copy 222 hereof shall be by an established, mutually acceptable electronic method, such as creating a PDF (“Portable Document Format”)223 document incorporating the digital signature and sending same by electronic mail. 224225 24.BUSINESS DAY/HOURS: Business Day are defined as Monday through Friday, excluding Federal Holidays. Business Hours are226 defined as 8:00 A.M. to 6:00 P.M. Chicago Time. 227228 25.CHOICE OF LAW AND GOOD FAITH: All terms and provisions of this Contract including but not limited to the Attorney Review229 and Professional Inspection paragraphs shall be governed by the laws of the State of Illinois and are subject to the covenant of 230 good faith and fair dealing implied in all Illinois contracts. 231232 26.OTHER PROVISIONS:This Contract is also subject those OPTIONAL PROVISIONS selected for use and initialed by the Parties233 which are contained on the succeeding page and the following attachments, if any: __________________________________234 ____________________________________________________________________________________________________235236 OPTIONAL PROVISIONS (Applicable ONLY if initialed by all Parties)237238 [Initials]____ ____ ____ ____ 27. CONFIRMATION OF DUAL AGENCY: The Parties confirm that they have previously 239 consented to _______________________________________(Licensee) acting as a Dual Agent in providing brokerage services 240 on their behalf and specifically consent to Licensee acting as a Dual Agent with regard to the transaction referred to in this 241 Contract. 242243 ____ ____ ____ ____ 28. SALE OF BUYER’S REAL ESTATE: 244 a) REPRESENTATIONS ABOUT BUYER’S REAL ESTATE: Buyer represents to Seller as follows:245 1) Buyer owns real estate (hereinafter referred to as “Buyer’s real estate”) with the address of:246 ____________________________________________________________________________________________________247 Address City State Zip248 2) Buyer [check one] ____ has ____ has not entered into a contract to sell Buyer’s Real Estate.249 If Buyer has entered into a contract to sell Buyer’s real estate, that contract: 250 a)[check one] ____ is ____ is not subject to a mortgage contingency.251 b)[check one] ____ is ____ is not subject to a real estate sale contingency.252 c)[check one] ____ is ____ is not subject to a real estate closing contingency.253 3) Buyer [check one] ____ has ____ has not listed Buyer’s real estate for sale with a licensed real estate broker254 and in a local multiple listing service.255 4) If Buyer’s real estate is not listed for sale with a licensed real estate broker and in a local multiple listing service,256 Buyer [check one]:257 Buyer Initial_________ Buyer Initial_________ Seller Initial_________ Seller Initial_________ Address:____________________________________________________________________________________________ Contract for the Sale of Vacant Land-REALTOR® Association of the Fox Valley, Inc. Page 4 of 7 3931 W. Main Street, McHenry, IL. 60050 (Rear Lot) 214 a) ____ Shall list real estate for sale with a licensed real estate broker who will place it in a local multiple258 listing service within five (5) Business Days after Date of Acceptance.259 [For information only] Broker:__________________________________________________________260 b) ____ Does not intend to list said real estate for sale.261 b) CONTINGENCIES BASED UPON SALE AND/OR CLOSING OF REAL ESTATE:262 1) This Contract is contingent upon Buyer having entered into a contract for the sale of Buyer’s real estate that is in263 full force and effect as of ___________________, 20___. Such contract should provide for a closing date not later264 than the Closing Date set forth in this Contract. If Notice is served on or before the date set forth in this265 subparagraph that Buyer has not procured a contract for the sale of Buyer’s real estate, this Contract266 shall be null and voice. If Notice that Buyer has not procured a contract for the sale of Buyer’s real267 estate is not served on or before the close of business on the date set forth in this subparagraph, Buyer268 shall be deemed to have waived all contingencies contained in this Paragraph 28, and this Contract269 shall remain in full force and effect. (If this paragraph is used, then the following paragraph must be270 completed.)271 2) In the event Buyer has entered into a contract for the sale of Buyer’s real estate as set forth in Paragraph 28 b)272 1) and that contract is in full force and effect, or has entered into a contract for the sale of Buyer’s real estate prior273 to the execution of this Contract, this Contract is contingent upon Buyer closing the sale of Buyer’s real estate on274 or before ___________________, 20___. If Notice that Buyer has not closed the sale of Buyer’s real estate275 is served before the close of business on the next Business Day after the date set forth in the preceding276 sentence, this Contract shall be null and void. If Notice is not served as described in the preceding277 sentence, Buyer shall have deemed to have waived all contingencies contained in this Paragraph 28,278 and this Contract shall remain in full force and effect.279 3) If the contract for the sale of Buyer’s real estate is terminated for any reason after the date set forth in Paragraph280 28 b) 1)(or after the date of this Contract if no date is set forth in Paragraph 28 b) 1)), Buyer shall, within three281 (3) Business Days of such termination, notify Seller of said termination. Unless Buyer, as part of said Notice,282 waives all contingencies in Paragraph 28 and complies with Paragraph 28 d), this Contract shall be283 null and void as of this date of Notice. If Notice as required by this subparagraph is not served within284 the time specified, Buyer shall be in default under the terms of this Contract.285 c) SELLER’S RIGHT TO CONTINUE TO OFFER REAL ESTATE FOR SALE: During the time of this contingency, Seller has286 the right to continue to show the Real Estate and offer it for sale subject to the following: 287 1) If Seller accepts another bona fide offer to purchase the Real Estate while contingencies expressed in Paragraph288 28 b) are in effect, Seller shall notify Buyer in writing of same. Buyer shall then have ________ hours after Seller289 gives such Notice to waive the contingencies set forth in Paragraph 28 b), subject to Paragraph 28 d).290 2) Seller’s Notice to Buyer (commonly referred to as a ‘kick-out’ Notice) shall be in writing and shall be served on291 Buyer, not Buyer’s attorney or Buyer’s real estate agent. Courtesy copies of such ‘kick-out’ Notice should be sent292 to Buyer’s attorney and Buyer’s real estate agent, if known. Failure to provide such courtesy copies shall not render293 Notice invalid. Notice to any one of a multiple-person Buyer shall be sufficient Notice to all Buyers. Notice for the294 purpose of this subparagraph only shall be served upon Buyer in the following manner:295 a) By personal delivery effective at the time and date of personal deliver; or296 b) By mailing to the address recited herein for Buyer by regular mail and by certified mail. Notice shall be297 effective at 10:00 A.M. on the morning of the second day following deposit of Notice in the U.S. Mail; or298 c) By commercial delivery overnight (e.g. FedEx). Notice shall be effective upon delivery or at 4:00 P.M.299 Chicago time on the next delivery day following deposit with the overnight delivery company, whichever300 first occurs.301 3) If Buyer complies with the provisions of Paragraph 28 d) then this Contract shall remain in full force and effect.302 4) If the contingencies set forth in Paragraph 28 d) are NOT waived in writing, within said time period by Buyer, this303 Contract shall be null and void.304 5) Except as provided in Paragraph 28 c) above, all Notices shall be made in the manner provided by Paragraph 15305 of this Contract.306 6) Buyer waives any ethical objection to the delivery of Notice under this paragraph by Seller’s attorney or307 representative.308 d) WAIVER OF PARAGRAPH 28 CONTINGENCIES: Buyer shall be deemed to have waived the contingencies in Paragraph309 29 b) when Buyer has delivered written waiver and deposited with the Escrowee additional earnest money in the amount 310 of $_________________ in the form of cashier’s or certified check within the time specified. If Buyer fails to deposit the 311 additional earnest money within the time specified, the waiver shall be deemed ineffective and this Contract 312 shall be null and void. 313 e) BUYER COOPERATION REQUIRED: Buyer authorizes Seller or Seller’s agent to verify representations contained in314 Paragraph 28 at any time, and Buyer agrees to cooperate in providing relevant information.315316 ____ ____ ____ ____ 29. CANCELLATION OF PRIOR REAL ESTATE CONTRACT: In the event either Party has entered into 317 a prior real estate contract, this Contract shall be subject to written cancelations of the prior contract on or before 318 ________________, 20___. In the event the prior contract is not cancelled within the time specified, this Contract 319 shall be null and void. Seller’s notice to the purchaser under the prior contract should not be served until after 320 Attorney Review and Professional Inspections provisions of this Contract have expired, been satisfied or waived. 321322 Buyer Initial_________ Buyer Initial_________ Seller Initial_________ Seller Initial_________ Address:____________________________________________________________________________________________ Contract for the Sale of Vacant Land-REALTOR® Association of the Fox Valley, Inc. Page 5 of 7 3931 W. Main Street, McHenry, IL. 60050 (Rear Lot) 215 ____ ____ ____ ____ 30. INTEREST BEARING ACCOUNT: Earnest money (with a completed W-9 and other required forms),323 shall be held in a federally insured interest bearing account at a financial institution designated by Escrowee. All interest earned 324 on the earnest money shall accrue to the benefit of and be aid to Buyer. Buyer shall be responsible for any administrative 325 fee (not to exceed $100) charged for setting up the account. In anticipation of Closing, the Parties direct Escrowee to 326 close the account no sooner than ten (10) Business Days prior to the anticipated Closing date.327328 ____ ____ ____ ____ 31. MISCELLANEOUS PROVISIONS: Buyer’s and Seller’s obligations are contingent upon the Parties 329 entering into a separate written agreement consistent with the terms and conditions set forth herein, and with such additional 330 terms as ether Party may deem necessary, providing for one or more of the following [check applicable boxes]331332 ____ Articles of Agreement for Deed ____ Assumption of Seller’s Mortgage ____ Commercial/Investment333 Or Purchase Money Mortgage ____ Tax-Deferred Exchange ____ New Construction334 ____ Short Sale335336 ____ ____ ____ ____32. SPECIFIED PARTY APPROVAL:This Contract is contingent upon the approval of the Real Estate 337 by ___________________________________________________________________________________ Buyer’s Specified 338 Party, within five (5) Business Days after the Date of Acceptance. In the event Buyer’s Specified Party does not approve of the 339 Real estate and notice is given within the time specified, this Contract shall be null and void. If Notice is not served within the 340 time specified, this provision shall be deemed waived by the Parties and this Contract shall remain in full force and effect. 341342 ____ ____ ____ ____ 33. CREDIT AT CLOSING: Provided Buyer’s lender permits such credit to show on the HUD-1 Settlement 343 Statement or Closing Disclosure, and if not, such lesser amount as the lender permits, Seller agrees to credit 344 $___________ to Buyer at Closing to be applied to prepaid expenses, closing costs or both. 345346 ____ ____ ____ ____ 34. TRANSACTIONS NOT CONTINGENT ON FINANCING: IF EITHER OF THE FOLLOWING 347 ALTERNATIVE OPTIONS IS SELECTED, THE PROVISIONS OF THE MORTGAGE CONTINGENCY PARAGRAPH HEREIN 348 SHALL NOT APPLY [CHOOSE ONLY ONE]: 349 a) ____ ____ ____ ____ Transaction With No Mortgage (All Cash): If this selection is made, Buyer will pay at closing, in350 the form of “Good Funds” the difference (plus or minus prorations) between the Purchase Price and the amount of Earnest 351 Money deposited pursuant to Paragraph 4 above. Buyer represents to Seller, as of the Date of Offer, that Buyer has sufficient352 funds available to satisfy the provisions of this paragraph. Buyer agrees to verify the above representation upon the 353 reasonable request of the Seller and to authorize the disclosure of such financial information to Seller, Seller’s attorney or354 Seller’s broker that may be reasonably necessary to provide the availability of sufficient finds to close. Buyer understand 355 and agrees that, so long as Seller has fully complied with Seller’s obligations under this Contract, any act or omission 356 outside of the control of Seller, whether intentional or not, that prevents Buyer from satisfying the balance due from Buyer 357 at closing, shall constitute a material breach of this Contract by Buyer. The Parties shall share the title company escrow 358 closing fee equally. Unless otherwise provided in Paragraph 28, this Contract shall not be contingent upon the 359 sale and/or closing of Buyer’s existing real estate. 360 b) ____ ____ ____ ____ Transaction, Mortgage Allowed: If this selection is made, Buyer will pay at closing, in the form361 of “Good Funds” the difference (plus or minus prorations) between the Purchase Price and the amount of Earnest Money 362 deposited pursuant to Paragraph 4 above. Buyer represents to Seller, as of the Date of Offer, that Buyer has sufficient 363 funds available to satisfy the provisions of this paragraph. Buyer agrees to verify the above representation upon the 364 reasonable request of Seller and to authorize the disclosure of such financial information to Seller, Seller’s attorney or 365 Seller’s broker that may be reasonably necessary to prove the availability of sufficient funds to close. Notwithstanding such 366 representation, Seller agrees to reasonably and promptly cooperate with Buyer so that Buyer may apply for and obtain a 367 mortgage loan or loans including but not limited to providing access to the Real Estate to satisfy Buyer’s obligations to pay 368 the balance due (plus or minus prorations) to close this transaction. Such cooperation shall include the performance in 369 timely manner of all Seller’s pre-closing obligations under this Contract. This Contract shall NOT be contingent upon 370 Buyer obtaining a commitment for financing. Buyer understands and agrees that, so long as Seller has fully complied 371 with Seller’s obligations under this Contract, any act or omission outside of the control of Seller, whether intentional or not, 372 that prevents Buyer from satisfying the balance due from Buyer at Closing shall constitute a material breach of this Contract 373 by Buyer. Buyer shall pay the title company escrow closing fee. Unless otherwise provided in Paragraph 28, this 374 Contract shall not be contingent upon the sale and/or closing of Buyer’s existing real estate. 375376 [LINES 377-388 LEFT INTENTIONALLY BLANK]377378379380381382383384385386387388 Buyer Initial_________ Buyer Initial_________ Seller Initial_________ Seller Initial_________ Address:____________________________________________________________________________________________ Contract for the Sale of Vacant Land-REALTOR® Association of the Fox Valley, Inc. Page 6 of 7 3931 W. Main Street, McHenry, IL. 60050 (Rear Lot) 216 THIS DOCUMENT WILL BECOME A LEGALLY BINDING CONTRACT WHEN SIGNED BY ALL PARTIES AND DELIVERED 389 TO THE PARTIES OR THEIR AGENTS. 390391 THE PARTIES REPRESENT THAT THE TEXT OF THIS FORM HAS NOT BEEN ALTERED AND IS IDENTICAL TO THE 392 OFFICIAL REALTOR® ASSOCIATION OF THE FOX VALLEY, INC. CONTRACT FOR THE SALE OF VACANT LAND.393394 ________________________________________, 20___ ________________________________________, 20___395 Date of Offer Date of Acceptance396397______________________________________________ ______________________________________________398 Buyer Signature Seller Signature399400______________________________________________ ______________________________________________401 Buyer Signature Seller Signature402403______________________________________________ ______________________________________________404 Print Buyer(s) Name(s)Print Seller(s) Name(s)405406 ______________________________________________ ______________________________________________407 Address Address408409______________________________________________ ______________________________________________410 City State Zip City State Zip411412______________________________________________ ______________________________________________413 Phone Number(s) Fax Email Phone Number(s) Fax Email414415 FOR INFORMATION ONLY416417______________________________________________ ______________________________________________418 Selling Office MLS# Listing Office MLS#419420 ______________________________________________ ______________________________________________421 Selling Agent MLS# Email Listing Agent MLS# Email422423______________________________________________ ______________________________________________424 Address, City, State, Zip Address, City, State, Zip425426______________________________________________ ______________________________________________427 Phone Fax Phone Fax428429______________________________________________ ______________________________________________430 Buyer’s Attorney Email Seller’s Attorney Email431432______________________________________________ ______________________________________________433 Address, City, State, Zip Address, City, State, Zip434435______________________________________________ ______________________________________________436 Phone Fax Phone Fax437438______________________________________________ ______________________________________________439 Mortgage Company Phone Homeowner’s/Condo Assoc. (if any) Phone440441______________________________________________ ______________________________________________442 Loan Officer Phone/Fax Management Co./Other Contact Phone443444______________________________________________ ______________________________________________445 Loan Officer E-mail Management Co./Other Contact Email446447 This offer was presented to Seller by _______________________________ on ____________ at _______am/pm448 Agent449450 THIS OFFER IS REJECTED _______________________________________ on ____________ at _______am/pm451 Seller Initials452453 2014© REALTOR® Association of the Fox Valley, Inc. All rights reserved. Unauthorized duplication of this form or any portion thereof is 454 prohibited. Rev. RAFV 07/2014455 Buyer Initial_________ Buyer Initial_________ Seller Initial_________ Seller Initial_________ Address:____________________________________________________________________________________________ Contract for the Sale of Vacant Land-REALTOR® Association of the Fox Valley, Inc. Page 7 of 7 City of McHenry 333 S. Green Street McHenry IL 60050 (815) 363-2100 mjohnson@cityofmchenr N/A Ryan P. Farrell rfarrell@zrfmlaw.com 50 N. Virginia Street, IL 60014 (815) 459-2050 N/A N/A 3931 W. Main Street, McHenry, IL. 60050 (Rear Lot) 217 Copyright County of McHenry 2023. All information is provided 'as-is' with no guarantee of accuracy, completeness, or currency. Page 1 of 1 Area to be resurfaced: Approximately 2000 SF Appendix A 218 ADDENDUM TO CONTRACT FOR THE SALE OF VACANT LAND BY AND BETWEEN MICHAEL OLIVER AND DIANE OLIVER (COLLECTIVELY, “SELLER”) AND THE CITY OF McHENRY, AN ILLINOIS MUNICIPAL CORPORATION (“BUYER”) REGARDING THE REAL ESTATE LOCATED AT 3931 W. MAIN STREET, McHENRY, ILLINOIS 60050 (THE “CONTRACT”) In consideration for the mutual covenants and conditions set forth herein, the parties hereby agree as follows: 1.In the event that there is any conflict between this Addendum and the above- referenced Contract, this Addendum shall control. 2.Anything contained in the Contract to the contrary notwithstanding, all costs of a survey, title, transfer taxes, and other closing costs shall be paid by Buyer, except that each party shall be responsible for its own attorneys’ fees. 3.Paragraphs 7 and 9 are hereby specifically deleted from the Contract. 4. Paragraph 16 is modified by deleting “At Seller’s expense, Seller will deliver…as evidence of title in Seller or Grantor” in lines 165 and 166 to “Buyer may obtain…” 5.Buyer agrees that following closing, and in conjunction with its paving of the Real Estate and the existing parking lot owned by Buyer and located to the northwest of the Real Estate, it shall also resurface, in the discretion of the City’s public works director, the rear parking area of approximately 2000 square feet identified in Appendix A (attached) of Seller’s retained property consisting of approximately four parking spaces (“Seller’s Retained Parcel”). Resurfacing shall consist of removal of existing pavement followed by 2 1/2” of binder course asphalt material and 1 ½” surface course asphalt material. Base or subbase work by Buyer is not required to be performed and no additional base material shall be required to be placed by Buyer. After the resurfacing, Buyer shall have no ongoing obligation to maintain Seller’s Retained Parcel. Further, BUYER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. This Section 5 of the Addendum shall survive the closing. 6.All other provisions of the Contract shall remain the same to the extent that such terms do not interfere with the execution of this Addendum and are hereby ratified and affirmed by the parties. 219 IN WITNESS WHEREOF, this Addendum is signed this ____ day of April, 2023. BUYER: SELLER: City of McHenry __________________________________ Michael Oliver By:________________________________ Wayne Jett, Mayor __________________________________ Diane Oliver 220 ORDINANCE NO. 23- An Ordinance Authorizing the Execution and closing of Vacant Land Sales Contract for 3931 Main Street, McHenry, 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, the City Council believes it is in its best interest to accept the proposed real estate contract between Michael and Diane Oliver. and the City of McHenry which provides for the purchase of the property commonly known as 3931 Main Street, McHenry, Illinois, and a purchase price of $40,000, and with the subject property depicted as set forth in Exhibit A, the Real Estate Agreement. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: The City hereby accepts the real estate contract attached hereto as Exhibit A and authorizes the Mayor, City Attorney, and Deputy City Clerk to sign any and all documents necessary to effectuate the closing on the property. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed this 1st day of May, 2023. Ayes Nays Absent Abstain Alderwoman Bassi Alderman Glab Alderman Koch Alderman Strach Alderwoman Miller Alderman Santi Alderman McClatchey 221 APPROVED: Mayor Wayne Jett (SEAL) ATTEST: Deputy City Clerk Monte Johnson 222 Depa rtment of Economic Development Douglas Ma rtin, Director of Economic Developme nt McHenry M u nicipal Center 333 Green Street McHenry , Illinois 60050 Ph o ne: (815) 363-2110 Fax: (815) 363 -2128 dmartin@cityofmchen ry.org www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: May 1, 2023 Regular City Council Meeting RE: Façade Grant at 2902 W Illinois Route 120 in the Amount of $15,526 ATT: 1.Location Map 2.Façade Grant Application AGENDA ITEM SUMMARY: Attached is an applicati on for a façade grant for the pr operty located at 2902 W Illinois Route 120.This is for Aviation Flying Furniture. The company is run by Kurt Eldrup, a United States Air Force Veteran who makes aviation-style furniture. Kurt is proposing work on the south and east facades, as well as new asphalt, fencing and front landscaping. The south and east façades face Illinois Route 120. The total south façade will be redone with new materials as shown in the pictures and the east façade will be cleaned, tuck pointed and repainted. The proposed fencing and wall for the grant is on the east side of the building where it can be seen from the roadway. ANALYS IS: The approximate cost of all the wor k is roughly $31,052. The grant application is for $15,526. The total lineal frontage of the south and east building frontages is 112 feet therefore the applicant is eligible for up to a $30,000 grant for more than 81 feet of lineal fronta ge. The grant is a dollar for dollar match up to $30,000 at this lineal footag e however the total grant request in this case is $15,526. Attached is an application, along with pictur es before and proposed materials and colors. If the City Counc il conc urs with Staff’s review and analysis it is reco mmen ded a motion be made approving a façade grant application for the property locat ed at 2902 W Illinois Route 120 in the amount of $15,526. 223 Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2110 Fax: (815) 363-2128 dmartin@cityofmchenry.org Location Map -2902 W Illinois Route 120 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 STAFF REPORT FOR MAY 2023 The purpose of this report is to provide the City Council and public with the most up-to-date information regarding the latest projects and happenings within the municipal government of the City of McHenry. This report is organized by operating department and will be updated and transmitted as part of each City Council Agenda Packet. Council is welcome to contact any Department Director for more information on any item included in this report, as well as topics from previous reports or items not included in the report. This report does not include projects or other information that is considered confidential in nature. ECONOMIC DEVELOPMENT Contact: Doug Martin, Director of Economic Development – 815/363-2110 International Council of Shopping Centers (ICSC) Convention The City will be exhibiting at the ICSC Convention in Las Vegas on May 22 and on May 23. Below are renderings of the new exhibit which will be utilized at the convention. Summary of McHenry Area Chamber of Commerce Events for May May 3 – Dine for a Cause (see attached flyer) at Jexal’s Wingzeria 1260 N. Green St. 4pm-10pm for McHenry Riverwalk Shoppes. Fundraiser including Silent Auction, Raffles, and proceeds from all carryout and dine-in meals. May 5 – Never Eat Alone 11:45-1pm at the VFW 3002 IL Route 120. Ribbon Cutting for new beer garden following at 1pm. May 13 – Spring Sip Wine Walk throughout downtown 1-5pm. 246 May 24 – Chamber Golf Outing at McHenry Country Club 820 N. John St. beginning at 8am. COMMUNITY DEVELOPMENT Contact: Ross Polerecky, Director of Community Development – 815/363-2182 Fox Meadows Permits for the new Cunat Fox Meadows development have been issued and work has begun. Cannabis Dispensary Plans for the new cannabis dispensary in the current Panera building have been approved and permits have been paid for and issued. Panera The new Panera located on the corner of McCullum Lake Road and Richmond Road broke ground this week. Harbor Freight Plans have been approved for the new Harbor Freight store located at 1742 N Richmond Road, this is the former Aldi. 1900 Richmond Road Staff performed a comprehensive code enforcement inspection of the former K-mart building at 1900 N Richmond Road. This inspection resulted in 23 building violations, a report was produced and sent to the building owners. Staff will be meeting with property management staff to create a timeline for the necessary repairs to the building. PARKS & RECREATION Contact: Bill Hobson, Parks & Recreation Director – 815/3763-2159 Miller Point Park Construction Construction continues to move quickly with progress on all fronts. The shoppes themselves will be ready for volunteer construction teams arriving on May 1st. That effort is being led by Mike Mrachek who has been invaluable towards the progress of their construction. In order to accommodate the delivery of construction materials, roughly half of the Riverside Drive parking lot was fenced off. The bathroom foundation is in and utilities have been run to the building. Walls will begin to go up this week. Steve Freund and his team are leading that effort. 247 Much of the site has been graded and sidewalks will begin to be laid out this week. The existing gazebo will be moved via crane next week. There have been a number of things that have arisen in the project that were omitted from the plan when alternates were also admitted or when changes were made. These items include additional excavating and concrete required, storm drains, electrical work and additional conduit for things such as security cameras and finally some masonry work associated with the new amphitheater. There has also been a credit issued to the project with a change from brick pavers to concrete in the All Marine rental area. Staff is awaiting final numbers on the calculated changes, but initial estimates total roughly $130,000. This will require a change order approval by city council. Fort McHenry Splash Pad Concrete work has been completed and city staff has backfilled the area adjacent to the concrete. Sod will be installed adjacent to the splash pad so there is not mud. Fencing will be going up this week along with a repaired electrical feed to the pump itself. The goal is to have the feature open the first week in May. Veterans Park Entryway Masonry walls are complete on the site and the project is on track to be completed within the next 2 weeks. Sidewalks, ironwork and landscaping all remain. Riverwalk Staff met with HR Green and Riverwalk Foundation President John Smith last week to thoroughly review the 60% complete Riverwalk Phase 4 plans. There were not an abundance of major changes or edits that need to occur. The plans are expected to be ready the first week of May. A discussion was also held about the possibility of phasing work and how that would look. That will continue to be a part of the conversation moving forward. Electrical plans are virtually complete and those plans have been sent to the property owner of Bimbo’s for him to gather numbers for the private electrical work that will need to be approved by city council along with the ComEd portion and new transmission lines between the transformers. This will all be presented as one package with $150,000 currently budgeted for the work. Sheriff Marine Unit Building The City continues to partner with the McHenry County Sheriff for the construction of a permanent building for the Marine unit at Miller Riverfront Park. The building plans are close to being finalized by the sheriff’s architect. The Sheriff has also agreed to pay for half of the costs of installation of utilities to the site. Sewer estimates are currently at roughly $75,000 and a new well on site would be approximately $15,000. The estimated city cost for the project would be $45,000-$50,000. The city would bid and contract for the construction of the building and be reimbursed by the McHenry County Sheriff for the project. City Engineer Greg Gruen has put a great deal of work in the utility portion on behalf of Public Works as well as locating the optimal 248 building site. The project hopes to be out to bid in July and construction beginning in late September. It is an excellent example of intergovernmental and interdepartmental cooperation, with literally every city department playing some role in this project. Next summer the city plans to pave the lot and the driveway in utilizing $150,000 in grant dollars that were awarded to the city from the IDNR. McCullom Lake Levels Parks Maintenance Superintendent Pat Gorniak had noticed that the level McCullom Lake were rising more than they typically would and had in fact began to overflow the spillway. Upon further inspection, he identified a large beaver dam close to the Remington subdivision properties. This is an area that is to be managed by The Land Conservancy however they were not willing to do anything regarding the issue that was affecting the lake as well as the Dutch Creek tributary. Staff worked with the Village of Johnsburg and identified a solution. Johnsburg Public works came out and cleared the dam this week. We will continue to stay in contact as to how to best manage this situation. Parks and Recreation Master Plan Parks and Recreation Director Hobson met with Hitchcock Design group to finalize an update to the Parks Master Plan. The current plan expired in 2012, though was still very accurate with limited growth the city had experienced. As this development has returned on in conjunction with the City Comp Plan, the Parks Master Plan needed to be updated. The plan will also include a fresh look at the master plan for the recreation center as the city looks to replace an antiquated, undersized community pool and the lack of indoor recreation space. The plan will include a good deal of community outreach as we look for input comprehensively. POLICE Contact: John Birk, Chief of Police – 815/363-2200 Personnel Update The following personnel have recently completed the respective years of service with the McHenry Police Department: •Officer Omar Morales – 21 years •Officer Ryan Pardue – 21 years •Officer Paul Prather – 17 years •Officer Grahm McClure - 1 year •Officer William Campos – 1 year •Social Services Coordinator Jason Sterwerf – 1 year On Monday, April 24th, 2023, Jana Landwehr started her career with the McHenry Police Department as a Telecommunicator. Jana is a graduate of Wauconda High School and has her 249 Associates Degree in Criminal Justice from the College of Lake County. She had been a Telecommunicator with FoxComm in Fox Lake since 2019. On Wednesday, April 19th, 2023, Alex Lopez started his career with the McHenry Police Department as a Police Officer. Alex is a Streamwood High School graduate and has attended Elgin Community College. Since January 2018 he has been a police officer with the Chicago Police Department. As Alex is a certified police officer in Illinois, he will start immediately in the department’s Field Training Program. On Wednesday, April 19th, 2023, Trevor Pederson started his career with the McHenry Police Department as a Police Officer. Trevor is a graduate of Elkhorn (WI) Area High School and has attended McHenry County College and the American Military University. From January 2018 to January 2023, he was active duty in the United States Army serving with the Military Police. Starting on May 1st, 2023, Trevor will be attending the Basic Police Academy at the Suburban Law Enforcement Academy – College of DuPage. On Wednesday, April 19th, 2023, Matthew Meyers started his career with the McHenry Police Department as a Police Officer. Matthew is a McHenry Community High School graduate. He attended McHenry County College and has a Bachelor of Science in Law Enforcement and Justice Administration from Western Illinois University. On May 1st, 2023, Matt will also be starting the Basic Police Academy at the Suburban Law Enforcement Academy – College of DuPage. On Monday, March 27th, 2023, Michael Wood started his career with the McHenry Police Department as an I.T. Specialist. Mike has over twenty years of experience in the I.T. field, most recently as an I.T. Technical Lead with Vitality Group in Chicago. Accreditation The McHenry Police Department Dispatch Center, also known as NERCOM, has been recognized by the International Academies of Emergency Dispatch (IAED) as an Accredited Center of Excellence (ACE) for Emergency Medical Dispatching. We are only the 307th center in the world to receive this endorsement. On April 18th, 2023, Communications Center Supervisor Jennifer Synek, Lead Telecommunicator Dexter Barrows and Telecommunicator Kate Wilbur were able to receive our award in person at the IAED Navigator Conference in Denver, Colorado. We are extremely proud of our entire dispatch center team and the exceptional work they do each and every day for our department and the communities we serve. 250 Public Relations On April 4th, 2023, Coffee With the Chief was held at the McHenry Police Department. Our dispatch center was the focus of the event, with Chief Birk, Communications Center Supervisor Jennifer Synek, Lead Telecommunicator Dexter Barrows and Telecommunicator Ryan Miller presenting. Those in attendance learned about the history of the center, it’s functions and role our communications center plays in emergency response. On April 29th, 2023, the McHenry Police Department will participated in American Legion’s Family Fun Day held at Veterans Park. An officer was on hand to interact with kids and families attending the event. Training Officer Richard Rewiako attended ILETSB School Resource Officer Training hosted by the Western Springs Police Department. Detective Matthew Voelker attended Firearms Instructor Course training. This training was hosted by the Will County Sheriff’s Office. Detective Ryan Ehardt attended Interviewing Children training hosted by the Lisle Police Department. 251 Officer Cole Templin attended Ethics in Policing training. This training was hosted by the Lombard Police Department. Officer Cole Templin attended a 4-Hour firearm waiver course hosted by the Des Plaines Police Department. Officer Roger Hendrickson attended Acting Officer-in-Charge training hosted by the Oakbrook Terrace Police Department. Commander Michael Cruz and Administrative CSO Stephanie Erb attended the Illinois Police Accreditation Coalition Conference. This conference was hosted at the Marriott Hotel in Oak Brook. Officer Marc Fisher and Officer Jason Ducak attended a certified Truck Enforcement Officer refresher hosted at the McHenry Police Department. PUBLIC WORKS Contact: Troy Strange, Director of Public Works – 815/363-2125 Field Operations Fire Hydrant Flushing was completed the week of 4/17. Brush pickup will begin on 5/1 and is anticipated to be completed in 2-3 weeks. On Friday 4/14 Field Operations responded to a water main break at McCullom Lake Road and Kennedy Drive; a boil order was issued which was cleared by the next day. 3 residences were without water for approximately 3 hours. On 4/20 an oil spill occurred at Blake Boulevard and McCullom Lake Road which the Public Works Department responded to; oil dry was placed, the roadway was swept and opened to traffic. Training The Public Works Department hosted a confined space training on 4/20 and 4/21 for local municipalities which was attended by 15 City staff. 2023 Road Projects The Green Street STP Program, the Dartmoor Drive Resurfacing Program, and to 2023 Local Street Resurfacing Program will all begin the first week in May. Work is anticipated to be completed in July. The Dartmoor Drive project will require a full closure of the Dartmoor Drive Bridge and a local detour. This portion of the project is anticipated for the end of June. City Hall Parking Lot The rehabilitation of the City Hall Parking Lot is anticipated to begin construction at the beginning of May. Maneval Construction of Ingleside, Illinois will be the general contractor (pending City 252 Council approval on May 1st). Access to City Hall will be maintained at all times through the utilization of a 4-phase staging plan. 253